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MINUTES - 12142004 - C.23
TO: BOARD OF SUPERVISORS FROM: MAUR.ICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 14, 2004 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08775, San Ramon {Dougherty)7alley) area. (District IH) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 671 for Subdivision 04-08775, approving the Final Map and Subdivision Agreement, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08775 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. r Continued on Attachment: SIGNATURE: �'�+`► E77MENDATION OF COUNTY ADMINISTRATOR ^_RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNATURE(S): ACTION OF BOA ON DECEMBER , 2004 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the xx UNANIMOUS(ABSENT V ) AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Orifi Div: Pub!;"BWorks(FS)14-04\SD 04-08775 Order.doc ATTESTED:TESTED: DECEMBER 14 9 200 Contact: T,nPublic Works 2363> JOHN SWEETEN, Clerk of the Board of cc: Public Works—T.Bell,Construction Current Planning,Community Development T-October 14,2005 Supervisors and County Administrator Windemere BLC Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 44583 Aun:Brian Olin National Farmers Union Standard Insurance Company �} One Financial Plaza,10`^Floor By Deputy Hartford,CT 06103 Attn:Ashley K'Ward Liberty Mutual Insurance Company 505 S.Main Street.,Suite 830 Orange,CA 92868 Attn:Patricia H.Brebner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 14, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, SES-LUiIE& A20 GREENBK�G NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 671 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08775, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 04-08775, 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 Windernere BLC Land Company, L.L.C.,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\BO\2004\I2-14-04\SD 04-08775 BO-2Ldoc LT:rm taken and entered on the minutes of the Board of Supervisors cc: Public Works—T.Bell,Construction on the date Shown. Current Planning,Community Development T—October 14,2005 Windernere BLC Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 ATTESTED: DECEMBER 14, 2004 Attn:Brian Olin National Farmers Union Standard Insurance Company JOHN SWEETEN,TEN, Clerk of the Board of Supervisors and One Financial Plaza,I&Floor County Administrator Hartford,CT 06103 Attn:Ashley K.Ward Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 52868 By -. ,Deputy Attn:Patricia H.Brebner RESOLCJTION NO.2004/ 671 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08775, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 14, 2004 PAGE: 2 A. Cash Bond Performance amount: $21,980.00 Auditor's Deposit Permit No. 434405 Date: November 10, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number: 4410154 Date: October 27, 2004 Performance Amount: $2,176,020.00 Labor&Materials Amount: $1,099,000.00 Principal: Windemere BLC Land Company, L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $5,714,700.00, with security guaranteeing payment of said tax lien as follows: + Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 24004181 Date: August 20, 2004 Amount: $5,714,700.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/671 i � IN tn l K U (�$�i f ••d uJ .... 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Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'ACRE€MENT HERETO: WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company CONTRA COSTA COUNTY By:LEN-OBS Windemere,LLC Maurice M u,Pubb Works Director A Delaware limited liability company Managing Member By: By:Lennar Homes of California,Inc., Managing Member RECOMMENDED FOR APPROVAL.: (signature) _ (print name&title) on Larson,Vice President By: "" (signature) Engineering Services nr�s n (print name&ti e)I7arleen Carpenter, ss#.Secretary FORM APPROVED: Silvano B.Marcfinesi,County CounselNi 7i:All signatures must be acknowledged.If Subdivider is incorporated,the contract must a signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) as. County of } On the date written below,before me,the undersigned Notary Public,personally appeared the psrson(s)signing above for ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies),and that by hisfhedtheir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted, executed the Instrument. WITNESS my hand and official seal. Dated: Notary Public (Notary Seal) 1. PARTIES b DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County')and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street fights,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'). Subdividershafi complete said Improvements(hereinafter"Work')within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at.seq.)In a good workmanlike manner,In accordance with accepted construction practices and In a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder;and where there is a conflict among the Improvement plans,the Conditions of Approve!and the Ordinance Code,the stricter requirements shaft govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee:S + (,98p °�' cash,plus additional security,in the amount of S ,t Zb,©7,0.4-41,which together total ane hundred parcent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashier's check X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work forone year after he completion and acceptance against any defective workmanship or materials or any unsatisfactory perfommanca. B. P Payment: Security in the amount:$ i,099,000.19 ,which is fifty percent(60%)of the estimated cost of the Work.Such security Is presented in the form of: Cash,certified chack.or cashier's check X Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit [Rev.91031 Page 1 of 2 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 94.4.406 and 94-4.408 of the Ordinance Code. 4, GUARANTEE AND WARRANTY OF WORK, Subdividerguarantses that the Work shall be free from defects in material orworkmanship and shall perform satisfactori,for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96.4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABUSHMENT WORK.Subdivider agrees toperform plantestablishmentworkforlandscapinginsbgedunderthsAgreement. Said plant establishmentworkshall 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 an sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement 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 andlor 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 bringing any action for damages arising from the failure to comply with any of the tons and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and Indemnity the IndemnVees from the liabilities as defined In this section: A. The Indemnitees benefitted and protected bythis promise are the County and Its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suil(s),actlon(s),or other proceeding(s)comeming 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 atulbutable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Conditions.The promise and agreement in this section are not conditioned or dependent on whether or notany indemnitse 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 party 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;inspeclions;material checks and tests;and other casts incurred by County staff arising fromor related to the Work,and priorto acceptance of theWorkas compieteor expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PE RFORMANCE AND COSTS. If Subdivider fats to complete the Work within the time specified in this Agreement,and subsequent extensions,or fads 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 9 Subdivider subsequently completes the Work. Should County sue to compel performance underthis Agreement onto recover costs incurred in completing ormaintaining the Work,Subdivider agrees to pay all ahomey'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. lf,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 Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall noontime to apply in favor of the indemnitees listed in paragraph 6.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14, RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-pe formance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9,!031 H:IFinaftPW1LW-SubAgmt9.03,wpd Page 2 of 2 -.,-....,,.,................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Com$ State of California ss. : County of d C�4Q R L!:- ,4 On r€ � ` before Date Name and Tdie of Officer(e.g.,"Mane Doe,Notary Public") personally appeared personally known to me 17 proved to me on the basis of satisfactory 3 evidence to be the person(s) whose name(s)-46/are .2 iM�a:.rA►11r.�:...:...:,rn: subscribed to the within instrument and acknowledged to me that hef4,the/they executed KAREN L.KEE C01TVY*W0n the same in h4�/their authorized t+iotcxy PtiC capacity(ies), and that by �/their Contro Cosh County I% signature(s)on the instrument the person(s), or . MyGorrxn'Ex +esOct 7`2106 the entity upon behalf of which the person(s) IN acted, executed the instrument. A WITNES�.tny hand d offic'aI seal. � Slgnaiur`f N dry Public �� 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. s Description of Attached Document Title or Type of document: Document bate: Number of Pages: Signers)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: LJ Individual Top of thumb here RR ❑ Corporate Officer—Titie(s): ' I-7 Partner—❑ Limited ❑General F Attorney-in-Fact Trustee Guardian or Conservator n Other: Signer Is Representing: L� 0 1999 Nationsi Notary Association+9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 51313-2402•www.nationalnotw,.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 GCJUN I Y L&t-W"t KA t u i1i DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER I'Ct TtfE TRtAS#,m: MARTINEZ,CALIFORNIA IECENED FROM O RGANIZATION NUMER ' + r. (for Cash Collection Pro ds we County Adrtrirustre3tor's Bulletin 105.) DESCRIPTION RM/ORG A� TASK TION AcnvrrY AMOUNT f k t is Ary t ILI I � l I I I I FJU� 1 .1 1, 1 1a1 ) I ILI I 4� 6A Llld) ill ° 'L t 1 ' _ f �fq c1� I Cc 1 x ,!� 111 -.1 1 1 .[A J I I J- I I I I I I I I I f I i f EXPLANATION: TOTAL $ 1 u r t (-7 DEPOSIT f r t Depo*mwids of fl-e fAI miM itletm COIN and CURRENCY $ -- --- - MA.,ETC $ ` ,t` ,�'Z7 FLANK DEPOSITS $_FOR ALI TOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER The amount of money describers above is for Treasurer`s receipt of above omount is appmved Receipt of above amount is hereby deposit into the County Treasury. acim—lodged !q SXlate >, f`+ • V r *red: steed. �- Ti ( EXT [ qeputy County Auditor Deputy County Treasurer D-34 REV 7-93 0649-9665 / 831000: G 1158942, $88325.00 Sub 8774, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC,3130 Crow Canyon Pl. # 310, San Ramon, CA 94588 0649-9665 / 831000: C 2158947, $102,410.00, Sub 8775, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0649-9665 / 831000: G 1158952, $137,240.00, Sub 8777, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0649.9665 / 831000: G 1158956, MS 01-0003, R&5 Homes, 10 Camino Monte Sol, Alamo, CA 94507 $694.54, Map Check $1,471.73Pian Check 0649-9665 / 831000: G 1158957, $282,500.00, RA 1151, Road Acceptance Civil Inspection Deposit, Windermere RLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G1158940, $18850.00, Sub 8774, Performance Cash Band, Windermere RLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: '61158946, $21,980.00, Sub 8775, Performance Cash Bond, Windermere SLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G1158951, $29.720.00, Sub 8777, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0682-9752 / 819200: 61158945, $1,900.00, Vacation Applications of 418 Heald St., Crockett, J.P. Electric- Patty Caspers, 1508 San Pablo Ave., Pinole CA 94564 0648-9140 1812100: G1158956, $4,276.00 M501-0003, Mitigation Rev, R&5 Homes, 10 Camino Monte So(, Alamo, CA 94507 Executed in Duplicate Subdivision: SUB 8775 Bond No.: 44101.54 Premium: $10,880.00 IMPROV'EIINT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION.AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8775 ,as specified in the subdivision agreemerit and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings Thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. ORLIGA11ON: Windemere RLC Land Company, L.L.C. as principal and National Farmers Union Standard a corporarion organized and existing under the laws of the State of Colorado and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million One Hundred Severity Six-Thousand Twgnty and 00/100 Dollars($ 2,176,020.00 l for Contra Costa County or any city assignee trader the above County Subdivision Agreement. B. Payment: One Million NinetV Nine Thousand and 00/100 Dollars ( 11099,000.00 ) to secure the claims to which reference is made in Title 3,'V (commencing with Section 3052) of Part 4 of Division M of the Civil Code of the State of California. 3. CONDITION` A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and maty keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its pant, 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 obligationn shall become null and void.; otherwise it shall be and remain in full force and effect. .A.s part of the obligation secured hereby and in addition to the face amount specified Therefore,there shall be included reasonable costs,expenses and fees,including reasonable artomey`s fees,incurred by The County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly hound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials famished, labor of any kind, or for amounts due tinder the Unemployment insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond, will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees, including:reasonable anomey's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligations to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(conutiencing with Section 3082)of Pan 4 of Division 3 of the Civil Code,so as to give aright of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this hand be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work,agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without mer notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound without regard to and independently of any action against the principal whenever taken. SICNED AND SEALED on October 27, 2004 NATIONAL FARMERS UNION STANDARD PRINCIPAL: See Attached Signature Page SURETY: INSURANCE COMPANY Address: 3130 Crow Canyon Pl. , ##310 Address: One Financial Plaza, 10th Floor City: San Ramon, CA Zip: 94583 City: Hartford, CT Zip: 06103 By. See Attached Signature Page By: Print Name: -N/A Print Name: Ashley K. Ward °Title. N/A. Title: Attorney-in-Fact Jit raw up C.tGspL�itaiEugS.e+fiar,kttEty WfliLS?�ri-i1.4cc WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member By. LEivNA:R HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member dh {y 1 David Evans, Vice,�,tresident CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 28, 2004 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. — ZA s r is=lay t# 1453610 -'' .' rarsge Cow �4y Ct)m r;.Expires Ncsv 2S,2007 OPTIONAL Though the data below is not required by law„ it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. aESCRIPTON GP ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410154 Number of Pages: Three (3) ©ate of Document: October 27,2004 Signers (other than those named above): Ashley K. Ward_ CALIFORNIA ALL-PURPOSE AC` JWLEDGMENT No.5907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notary Public GATE NAME,TITLE OF OFFICER-E.G.,"SANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward NAME(S)OF SIGNER(S) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. } WITNESS my hand and official seal. '' rgngg Caatq kx .M CC• Ez:res n., i1.2 SIGNAME 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) Ej PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT R 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-4067IGEEF 2x98 01998 NATIONAL NOTARY ASSOCIATION•8238 Rernmet Ave.,P.O.Box 7184•Canoga Park,CA 91809-7184 NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY [in the process of being renamed Quanta Indemnity Company] New York City,New York 14020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS:that National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: Ashley K.Ward of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/140 DOLLAR $50,000.000.00)each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings, contracts,and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys4n-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as,provided for in Section 3 below,tray execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with.the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farriers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company)has been affixed thereto in New York City,New York this 26 day of Mar 2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary �.. STATE OF NEW YORK) as COUNTY OF NEW YORK) Can this 2§!-day of March.2004,before me,a Notary Public,personally came WALUA DECREUS,to me known,and acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company];that she knows the seal of said corporation;and that she executed the above Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation. M E.01ttoola � Nth.Plo w Stoo ofNoir Yb* No,010147 Notary Public ill !In Westdmter Courcy my coomwolo i eome Aft go,2006 CERTIFICATE 1,the undersigned, Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and finther certify that Article XVIII,Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 27th day of October , 2004. By_ Martha G.ft6eiman,Secretary IQ" '•`btaar�'� -------------- QtA-N-T,& IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90% of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the band form for the terms and conditions regarding your terrorism coverage. Fora Number SUR 10001 (Ed.4/04) VOID AFTER 12131104 1/3104 FATCO$42 877& Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.C.Box 631r� Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX �"77 Tax Operations Supervisor t Date: 11/3/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CGDE 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. $775 SAN RAMON 66383 Parcel#: 223-090-006-6 222-090-007-4 2.23-100-057-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2008-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $5,714,700.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Mills of Duni Financial at 800-755-6864 The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. Security for this tract will be covered by the bond for tract 8509 WILLIAM J. POLLACEK, Tr rer-Ta Collector By: RIDER. To be attached to and form part of: Bond Number 24044181 dated 8/20/2004 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of $5,714,700.00 on behalf of WINDEMERE BLC LAND COMPANY LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond is amended to included the following tracts; Tract 8549,Windemere, Phase TV Tract 8773,Windemere Tract 8774,Windemere / Tract 8775,Windermere DATE.- Tract 8776,Windemere BOND REVIEWEDANDAPPROVEDTract 8777,Windemere CONTRA COSTA COUN`I V Tract 8778,Windemere T„ OLLEGi.i Tract 8779,Windemere, let Tract 8784,Windemere It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 4th day of November, 2004 . Signed, Sealed&Dated this 4th day of November,2004 . WINDEMERE RLC 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 ManagingMrember (Principal) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: I- J, L.- 'C--- ri)L Rhonda C.Abel,Attorney-in-Fact -- C,kLIFOR.NIA ALL-PURPOSE AC, NI I ED EMENT Stag of California County of Orange On November 5, 2004 before me, Dina Prints, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. , - s , T �8,�Cl�r7 OPTIONAL Though the data below is not required by law, it may pave valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 24004181 Number of Pages: One (1)- Date of Document: November 4. 2004 Signers (other than those named above): Rhonda C. Abel CALIFORNIA ALL-PURPOSE AC `OWLEDGMENT No.5907 State of California County of Orange On November 4 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C. Abel NAME(S)OF SIGNER(S) personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ay ASH€.EY K.WAND ommission#t 1463685NOtc2r}/Pu'.�IC-CZllift}fn#QOrange Count�6, WITNESS my hand and official seal. Comm.Expires Apr 006 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 ❑i 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-40671GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184 a Canoga Park,CA 91309-7184 THIS POWER OF ATTORNEY IS NOT VALID a,,,aLESS IT IS PRINTED ON RED BACKGROUND. 1450865 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE. PRESENTS: That Liberty Mutual Insurance Company {the "Company"}, a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANETTE MARIELLA-MYERS,JAMES A. SCHALLER,JANE KEPNER, MICHAEL.D. PARIZINCI, JERI APODACA, PATRICIA H.BREBNER, LEIGH MCDONOUGH,ALEXIS H.BRYAN,RACHELLE RHEAULT,ALL OF THE C[TY OF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually If there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakin ss,, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE MILLION AND 001100 DOLLARS($ 17`5 000,000.00***** }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: j 1 ARTICLE X111-Execution of Contracts:Section S.Surety Bonds and Undertakings. r---, Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the i 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 i p0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be W i as binding as if signed by the president and attested by the secretary. i .w By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: . i .zt C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ;� 1 authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal, acknowledge and r deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. i0 4) That the Bylaw and the Authorization set forth above are true copies thereof and are now in full force and effect. LU IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of b Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting;Pennsylvania this 22nd_day of January V 4► 20014 M I LIBERTY MUTUAL INSURANCE COMPANY G '� By M ` s Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss E �. COUNTY OF MONTGOMERY t 0 On this 22nd day of January_-_,„0�4 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged is S 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 EI Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0 t7 IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year car first above written. ONW cc Wlarw Seal C4 �+ i to i Tc:r�s nal a E�,hHa'ts>yvtaai! /GG% �✓t 1c✓ .p Co C7 OF r iy,ntrU4tE Tyr{.,NRorttn,ry CrrGarafy l BCo Z 0 i My catnrn-''Won Exgl;aa,�ar.��9,LGpa _l y o ?`en: e,f'sa nsyvranl A^soc.... ak'nlosr 3r, Teresa Pastella,Notary Public U r CERTIFICATE �t �O 9� 1,the undersigned,Assistant cretary 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 1 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 attomeys-in-fact as provided in Article XII1,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,1580. VOTED that the facsimile or mechanically reproduced signature of a:1y 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. Itd_TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th — day of November 2004 ave. .•; 51a By _..> Da4M. ey,Assi Y`it Secretary NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LINUC-6539 2/03