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MINUTES - 12142004 - C.24
TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 14, 2004 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08778, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 072 for Subdivision 04-08778, 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 04-08778 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. Continued on Attachment: SIGNATURE: �''�"�`- m.�• -IkFCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER a SIGNATURES : ACTION OF BO O ON DFC _RFR 11, 9004 APPROVED AS RECOMMENDED xx," OTHER •�r I hereby certify that this is a true and correct VOTE OF SUPERVISORS V copy of an action taken and entered on the xx UNANIMOUS(ABSENT ) minutes of the Board of Supervisors on the AYES: NOES: ABSENT: ABSTAIN: date shown. G:\crpData\En&Sve\Bo\-1004l:2-14-04sD04-08778order.doe ATTESTED: DECKER 14, 2004 Orip,Div: Public Works(ES) Contact; Public Works JOHN SWEETEN Clerk of the Board of cc: Public Works—T.Bell,Construction , Current Planning,Community Development T—Oc;ober 14,2005 Supervisors and County Administrator Windemere BLC Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Atte:Brian Olin National Farmers Union.Standard Insurance Company ,,,,,.�.-- One Financial Plaza,I e 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, D:ESAULIvIER PdiD GREENBERG NOES: NONE ABSENT: '�,6PERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 672 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08778, 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 04-08778, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. IL Subdivision Agreement A subdivision agreement with Windemere 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 Itie(313-2363) I hereby certify that this is a true and correct copy of an action G:\CTrpData\EngSvc\BO\2004\i2-14-04\SD 04-08778 BO-21.doc LT:rm taken and entered on the minutes of the Board of Supervisors cc: Public Works—T.Bell,Construction On the Gate shown. Current Planning,Community Development T—October 14,2005 Windemere BLC Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 ATTESTED: DECEMBER 1.4, 2004 Attu.Brian Olin JOHN SWEETEN Clerk of the Board of Supervisors and National Farmers Union Standard Insurance Company � One Financial Plaza,10`s Floor County Administrator Hartford,CT 06103 Attn:Ashley K.Ward Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 By e ,Deputy Ann:Patricia H.Brebner RESOLUTION NO.2004/ SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08778, 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: $20,940.00 Auditor's Deposit Permit No. 434613 Date: November 16, 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: 4410157 Date: October 27, 2004 Performance Amount: $2,073,060.00 Labor&Materials Amount: $1,047,000.00 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: 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. 2004/672 W lou`- i ' c7y jd,_, 41 � t MI '.'r• ' n c•11 tI cis �v~i Sr¢wSWSy I .. ..weir ¢�`w;n p �p�i�[ 5t•-�iw� j55��'� ., O � }� a 1 ��'� Nw4 ZYg ' wg z I`J'UI`� W¢S52r_-S- .aZ �N SSwo �� aLS ISdPC�o 0 't, ��5� N j@5ot7s �s W ¢g3lx wm a _ E5 tA 4w �mOEi� � 'a waw w O i-z FIz os<zozwa � ¢ ZZ� z(.�j1���ss"wkk¢" � � In ¢ � Z dN NQ.^a.' ¢rN '�. 'J �` Cr/Sg'•'6.Z hN w N O i . M��� i �1 r m n R1 per�. x lF mull zg pd .41 �a7' , d:E I! 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'S Ld7,.... to -———— T —— •.rl�, ,�' T Y ` \o ,o�,t'„� r� `� L,) ,°tit ALIz 3nd,00*9-1 —Ind 00'q00 �y - °w •4 y�S= � � � �=� DSI 77Ln I f I�ti Ln 111 I� 10 0.. ,00`#& I v 00'Stt M.L£,u;.M i ,oats s£-z9 LLJ � tn.t£,a»ttN I t�- I+-3ltd,on's � ; 1 � f 'Id,DD's 1 � � i L£'t£t r LLJ LAI � . a .95,>s.sDr; W t �A.4 13ys 33S Un SUBDIVISION AGREEMENT (Gov.Code,§§66451 and 66463) Subdivision: E776 _ Effective Date: Subdivider. Whrstr r r &X t k-0,ComOA-K)Y, L.L.G. CompletionPedod: Y r1rz THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETQ; Wih'DEMERE PLC LAND COMPANY LLC, A California limited liability Company CONTRA COSTA COUNTY By:LEN-GIBS Windermere,LLC, Maurice K u,P Works Dhclor A Delaware limited liability company ✓" Managing Member By, `� BY:Lennar Homes of California,Inc., Managing Member RECOMMENDED FOR APFFiOVA : (signature)--a-6cm _ {print name&t it } on Larson,Vice President T � By 1 , ...�.._. (signature) ngineenng moea iv tri (print name& i le)Darleen Carpenter, st.Secretary FORM APPROVED: Slhrano S.Marchesi,County CounselN(o:All signatures must be acknowledged,If Subdivider Is Incorporated,to contract must be signed by two officers,The frust signature must be that of the d*=of the board,president,orrice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistanttreasurer.(Cly,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,personalty appeared the person(s)signing above for personalty known to me for proved to me on this basis of satisfactory evidence)to be the person(s)whose names)stare subscribed to the within instrument and acknowiedged to me that hetsheltirey executed the same in histha their authorized capacity(les),and that by hislheritheir signatures)on the instrument the parson(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seat. Dated: Notary Pub EG (Notary Seal) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(herainafter'County')and the above-mentioned Subdivider mutually promise and agree as follows miming 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 otherlmproverrien (indue"appurtenant equ:pmerrt#as required In the improvement plans for this Subdivision as reviewed and on#Ile 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'). Subdivider shall complete said improvements(hereinafter'Worts')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 ction prances and In a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder and where them is a conflict among the Improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPRg&MgNjMgZa Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County, A. dor Par#omtamtanoa arud fivarantee:$ 20 ° Dash,pias ads#tionai sewfty,#tr lira amount of S � �. ,which together total rise hundred pament(100%)of the estimated exist of the Work Such additional security is presented in the form of: Cash,cerfr7red check or cast>lets check. ?c__ - __Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work for one year after Its oompletkin and acceptance against any defective workmanship or materials or any unsatisfactory performance, S. For Payment: Security in the amount:$ lie 947 000-``',which is fitly pennant(80°A)of the estimated Dorf of the Work,Such security is presented in the form of: Cash,certified check,or cashier's check dC Acceptable corporate surety bond, Form Approved by County Counsel _ Acceptable irrevocable letter of credit, fRev.9/031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons ran png equipment or famishing 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 wins Sections 94-4.406 and 944.406 of the Ordinance Code. 4, GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material orworkmansh'ip and shell perform satisfactorily for a period of one(1)year from and after the Hoard of Superv€sors accepts the work as complete in accordance with Article 964.6,"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 ESTABLISHMENT WORK. Subdivider agrees to perform plant astabiishmentworkfor landscaping installed under this Agreement Said plentestablishmentworkkshan consist of adequately watering plant=,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Oepartrnent 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 compete. 6, IMPROVEMENT PLANWARRANTv,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 before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said Improvement plans prove to be inadequate In any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work andlor materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof 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,not shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY, Subdivider shall defend,hold harmless and Indemnify the Indemnitees from the liabilities as defined In this section: A. The indemnl4ees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees, B. The ilabifities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable; at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims, C. The actions causing liability are any act or omission(negligentor 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. N_on-Conditions.The promise and agreement in ibis section are not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or approved any plan(s)or specificalion(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemn4fee. 9. COSTS. Subdivider shah pay,whan due,all the costs of the Words,Including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other casts incurred by County staff arising from or related totheWork,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 satisfaction of the County Road Cornmissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS, if Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or falls to maintain to Work,County may proceed to complete andlor maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges Incurred by County(including,but not firn#ed to,engineering,inspection,surveys,contract,overhead,etc,)Immediately upon demand. Once action is taken by County to complete or maintain the Words,Subdivider agrees to pay all costs incurred by County,even If Subdivider subsequently completes the Work Should County sue to compel performance underthis Agreement or to recover costs incurred In completing ormaintaining the Work,Subdivider agrees to pay all attomey'a fens, staff costs and all other expenses of fitlgation incurred by County In connection therewith,ever,9 Subdivider subsequently proceeds to complate the Woos, 12. INCORPORAT€ONlANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city oris annexed to an existing Gly,except as provided in this paragraph,County's rights under this Agreement andlor 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 fuifiN all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shalt continue to apply in favor of the Indemnitees hated In paragraph$.A,upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of Inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel (Rev.9/031 HAFinafiPMLW-SubAgmt9.03.wpd Page 2 of 2 CALIFORNIA ALL,-PURPOSE ACKNOWLEDGMENT State of California Y w ry County of on ^ < t: before rne,� -x ' Cats , Name and Title of p#ficer(9.d,'Jane Dae,Notary Public") personally appeared rte rpt ` e� r a t ` ;' tla Narne(s)of Signer($) i V personally known to me r ❑ proved to me on the basis of satisfactory w evidence '3 to be the person(s) whose name(s)4s/are subscribed to the within instrument and C4rr�#1378627 acknowledged to me that l�/they executed { # c -C� the same in »erltheir authorized Contro Costo County capacity(ies), and that by �r/their I E?g�woct'7,2006 signature(s)on the instrument the person(s), or ,n: the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS%my hand d offii seal. ' Signature a'rry Pubfic At OPTIONAL >� Though the information below is not required by,'aw,it may prove valuable to persons relying an 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: Dumber of Pages: INSigner(s)Other Than Named Above: Y Capacity(les) Claimed by Signer Signer's Name: Ll Individual Top of th imY here — 2 El Corporate Officer—Title(s): Partner—❑ Limited ❑General ❑, Attorney-in-Pact i ❑ Trustee 1 ❑ Guardian or Conservator ❑ Other: Signer Is Representing:_ — 199t)National Notary Association•S350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91319-2802-www.natbna)notary.oig Prod.No.5907 Reorder:Call To l-ree 1-800.576-6827 w DEPOW PER11111i'f OFFICE OF couwY AUDITOR-CONTROLLER TO THE TREASURER: MARTZ,CALIFORNIA c v RECEIVED FROM ORGANIZATION NUMBER (Cor Cash Collection Procedum see County Adrnir�'s Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK ION ACTIVITY AMOUNT n t { 1 { s L. 1 r' 1311 11,11.11.11 6A _ t I t ILI I t I I I c { . . n } { ` 4 -7 y,^ { I t t t tit 1, L -1, I -L ) 1- 1 -4- 1 -1, 1 1 1 I A t f { { ! { t i EXPLANATION: TOTAL $ t DEPOSIT { Deposit cmists of the follawing items COIN and CURRENCY $ CHECKS,NLO.ETC. $ BANK DEPOSITS $ FCN2 AUDITOR-CONTROLLER USE ONLY DEPOSIT PERNUMBER DATE 446�V t.t04 ASSIGNED The amount of money described above is for Treasurer's receip f above amount is approved. Receipt of above amount is hereby de�osit into the County Treasury. acknowledged Date " 1! T W; 4 Signed' EXCountyeputy County Treasurer D-34 REV(7-43) L �.A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROUB$- MARTINEZ,CALIFORNIA ' { TO THE TREASURER: MCENED FROM �1 ORGANIZATION NUMBER (For Cmh Collection Pmxmckwm see County At3n►=ftatar's Bulletin 305.) DESCRIPTION FUNDJORG. ACCT TASK NT TION ACTIVITY AMOUNT $ { I 1 t LS A yall j ! { r FS on { I ""7 t - i 1 f tt ' EXPLANATION: /tc+�/ TOTAL $ L.'l 1 —`. DEPOSIT {�v t 1 Deposit cortsists.of the fol�items I( "` �' i ,,.� " Ii r �/ f � �Qe4K d CURRENCY' $ F/1--1 /. t t KS.Mak,ETC. $ 2 21 t t .. i�V BAW DEPOSITS b FOR AUDITOR-CONTROLLER USE OW DEPOSIT PERMIT D NUMBER DATE L- 1 ASSIGNED 1 , The orncunt of money described bbove is for Tress is receipt of above amount is appmVed. Receipt of above amount is hereby d4posit into the County Treasury, acknowledged S*w TM.: ;' ! EXT _ (/_ d. Deputy C ty County Treasurer 0649-9665 / 8310000. 61140538, $500.00, RS2959, Record of Survey Deposit, John C. haver, 3708 Mt.biablo Blvd, Ste 100, Lafayette, CA 94549 0649-9665 / 8310000: 61140539, $500.00, R52960, Record of Survey Deposit, Diana Bryg9man, 140 Post Rd., Alamo, CA 94509 0649-9665 / 8310000: 61140540, $500.00, 852961, Record of Survey Deposit, Robert A Devries/ Bar R.D., 2240 Railroad Ave., Livermore, CA 94550 0649-9665 / 8310000: G1140541, $500.00, RS2962, Record of Survey Deposit, Madeline Tam, 440 Camelback Rd., Pleasant Hill, CA 94523 0649-9665 / 8310000: 61140543, $1,154.64, MS 22-03 Plan Check, Paul D. Christensen, PO Box 649, Alamo, CA 94507 0649-96651 8310000: &1140544, $1,000.00, MS 19-00, COA Check, HL Harris Ranch Account, 1545 Rockville Rd. Suisun, CA 94585 0649-9665 / 8310000: G1140549, $97,730.00, Sub 8778, Major Sub Civil Inspection Deposit, Windemere RLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: &1140545, $62,000.00, RA 1151,Performance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 819800-0800: G1140548, $20,940.00, Sub 8778 Performance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crowe Canyon PI #310, Son Ramon, CA 94583 0682-9752 / 819200: 61140542, $300.00, Parker Avenue Underground 357-111-009, David Johnson, 686 Parker Ave, Rodeo, CA 94572 0682-9752 / 819200: G1159254, $17 ,816.00, Road Trust Mtce Fee, Sub 8716, Brookfield Savoy, 500 La Tonda Way, Ste 100, Danville, CA 94526 Executed in Duplicate Subdivision: SUB 8778 Band No..- 4410157 Premium: $10,365.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMINT (performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) Y. 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 ether improvements in Subdivision. 8778 ,as specified in the subdivision agreement and to complete said wort: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 final map or parcel map for said subdivision. 2. OBLIGATION: Windemere BLC Land Company,L.L.C. as principal and National Farmers Union Standard Insurance Com an , a corporation organized and existing undo the laws of the State of Colorado and aathorized 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 Seventy,,Three Thousand Sixty and 001100 Dollars (S 2,073.€164.041 ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. payment: One Million Forq Seven Thousand and 001100 Dollars (S 1,04,7,000.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of fart 4 of Division 111 of the Civil Cade 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 d4ngs stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa(or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligations secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the.County of Contra Cost.(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and,included in any judgement rendered. B. The condition of this obligation, as to Section (23.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all, contractors,subcontractors,laborers,material men and otherpersons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment .Insurance Act girl: respect to such work or labor and that said surety will gay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney`s fees, incurred by the County of Contra Cosra(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section. 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of This bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in.full force and effect. C. No alteration of said subdivision agreement or any plass or specification of'said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond,and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California.Civil Cade Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED 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: Rartford, CT Zip. O6103 By: See Attached Signature Page By, PrinT Name: N/A Print Name: Ashley K. Ward Title: N/A Title: Attorney-in-Fact 4 m-tap G SGrpDsutEn,�3.r�ornutEN WG1�1&N.aa doC '�2ev.StQrepibrtlS.:�6e 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: David Evans, Vice Pr sident CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 28, 2004 before me, Dina Printy, personally appeared David gyans, 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. NOW OPTIONAL. `fhough 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: C_4orporate Officer—Vice President Lennar Domes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410157 Number of Pages: "three (3) Date of Document: October 27 2004 Signers (other than those named above): Ashley K. Ward CALIFORNIA ALL-PURPOSE A( CIWLI [?GHENT No.5907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"SANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward NAME(S)OF SIGNER(S) Z 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, �RS APN«CA # 3ii2 WAY?Uct! 1'FPNIk "° - Cuuats WITNESS my hand and official seal. ;2n�a „i I�,y�;�.,..Exp rsa otS.12,2008 t S1 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 Q INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED H 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 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave.,P.O.Sox 7184-Canoga Park,CA 91309-7184 NATIONAL FARMERS UNION STANDARD INSURAWCE COMPANY [in the process of being renamed Quanta Indemnity Company] New York City,New York 10020 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 penial sum not to exceed FIFTY MIL ION ANO 00100 DOLLARS($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 attorneys-in-fact designated in any resolution of the Beard of Directors or the Executive Committee,or in any power of attorney executed as,provided for in Section 3 below,may 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 execrating 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 Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]has been affixed thereto in New York City,New York this 266 day of March,2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] JA By Walda Decreus,Assistant Secretary ow STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this day of March,2f3f14,before me,a Notary Public,personally came WALDA 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 seat 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. Card E-Ci mttt No.,OIC14760= otary Public OWMW in Westohester County My Ct"nWon mites Aft$0,2006 CERTIFICATE I,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 further 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 2 7 th day of October , 2004. By - - Murtha G. >'nerman,Secretary r� gess ��L.}R� UOIN-TA 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 papulation 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 901 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 bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR 10001 (Ed.4104) VOID AFTER12t31104 "1/3104 FATCO $42 87-S Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Coflector 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 .G Date: 11/3/2004 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 I MS# City T.R.A. 8778 SAN RAMON 66383 Parcel#: 223-090-006-6 222-090-0074 223-100-057-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 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, 20014 is $5,714,700.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Band, the original principal to calculate a segregation is Brad Mills of Muni Financial at 500-755-6864 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, Treasurer-Tax Qpllector By., �' RIDER To be attached to and farm part of: Band Number 24004181 dated 8/20/2004 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of 3714,700.00 on behalf of W'IN:[DEME E 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 fallowing tracts: Tract 8509,Windemere, Phase IV Tract 8773,Windemere Tract 8774,Windemere Tract 8775,Windermere DATE: 1 Tract 8776,Windemere BUND REVIEWED AND APPROVED Tract 8777,Windemere CONTRA COSTA COUNT" Tract 8778,Windernere T .. ;gI,LEC't i Tract 8779,Windemere : ¢ Tract 8780,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 BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Managing Member By: (Principal) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: Rhonda C.Abel,Attorney-in-Fact �� C,kLIFORNIA ALL-PURPOSE ACKNOML,EDEMEN I`. State 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. I75Ir � as ��c. s E, s'f OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer--Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 24004181 Number of Pages: One (1) Date of Document: November-4.2004 Signers (other than those named above): Rhonda C. Abel <.CALIFORNIAALL-PURPOSEAC `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) f� 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 N ASHLEY-""ARD behalf of which the person(s) acted, executed the instrument. Commission 0 tassae5 Z I Notary Pub##^-California Orange County nny comm.Expires Apr 1 b,2008 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 THIS POWER OF ATTORNEY IS NOT VALID%.BLESS IT IS PRINTED ON RED BACKGROUND. 1450865 This Power of Attorney limits the acts of those named herein,and they have no;authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company") a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANETTE MARIELLA-MYERS,JAMES A. SCHALLER,JANE KEPNER, MICHAEL D.PARIZINO, JERI APODACA,PATRICIA H. BREBNER,"LEIGH MCDONOUGH,ALEXIS H. BRYAN, RACHELLE RHEAULT,ALL OF THE CITYOF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,anyand all undertakinis, bonds, recognizances and other surety obliggations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE MILLION AND 001100** DOLLARS($ 1_7§,000,000.00--* 1 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 XII I-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 j 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 pts signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 4) 4u as binding as if signed by the president and attested by the secretary. .N C9 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: 1a W 11 C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby W .�E authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and C LS deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. �► 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. Ul IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January d M .,- 2004 C et LIBERTY MUTUAL INSURANCE COMPANY C Cat Garnet W.Elliott,Assistant Secretary G7 COMMONWEALTH OF PENNSYLVANIA ss y COUNTY OF MONTGOMERY t*� On this 22nd day of Januaa_ry 21304 , before me,a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged ` 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 a Ee Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 4) C � IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year le u first above written. pN N > CCo tj �7 Nola r, wi i,CV �- Teresa tarsi ±ix Na try t�ci SUnt , G"? ;j OF 5:y,nt aY1t 7xra„&Rrar tic rry 3ry C'ur fy B Z V My C3 ram wio- �x,s ra Mar.:..ki W06 y - 0 i rmt er, r,:sytsanE, �.5 aE=or of y�&znt:; Ter sa Pastella,Notary Public C� CERTIFICATE t 4 OWY C� 1 1,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary 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 facsirriie 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. Iovembb ESTTII ONrY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of 2004 (f- 'Al y ` ! Davi6 M.Carey,Ass' tit 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. LNUC-6539 2/03