HomeMy WebLinkAboutMINUTES - 12072004 - C.5 TO: BOARD OF SUPERVISORS `"
FROM: MAURICE M. SHIU, PUBLIC WORKS .DIRECTOR.
DATE: December 7,2004
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08773.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUA:D AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 636 for Subdivision 04-08773, approval of 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 04-08773 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:
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURES
ACTION OF BO ; ON_ 0{.CFMRFM 07, 90041_ APPROVED AS RECOMMENDED xx OTHER
B07
f
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS
minutes of the Board of Supervisors on the xx UNANIMOUS(ABSENT MNE ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:_ DECEMEg
G:\GtpData\EngSvc113012004\I2-07-04\SD 04-08773 Drder.doc
JOHN SWEETEN, Clerk of the Board of
Orig.Dm Public Works(ES) Supervisors and County Administrator
Contact: Teri Rie(313-2363)
cc: Public Works—T.Bell,Construed a
Current Planning,Community Development
T—October 7,2005
Wimletrere BLC Land Company,L.L.C.
3130 Crow Canyon PI.,#310
San Ramon,CA 94583 By s Deputy
Attn:B.Olin
Arch Insurance Company
135 N.Las Robles Ave.,#825
Pasadena,CA 91101
Atte P.Brebner
Liberty Mutual Insurance Company
505 S.Main Street,Ste 830
Orange,CA 92868
Attn:P.Brebner
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 7, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO, 2004/
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08773,
being developed by Windemere BLC Land Company, L.L.C., San Ramon
(Dougherty Valley) area. (District 111)
The following documents were presented for Board approval this date:
1. Map
The final map of Subdivision 04-08773, property located in the San Ramon
(Dougherty Valley)area,Supervisorial District III,said map having been certified by
the proper officials.
11. 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 Rie(313-2363) I hereby certify that this is a true and Correct copy of an action
LT:rm taken and entered on the minutes of the Board of Supervisors
G:\GtpData\EngSvc\BO\2004\12-07-04\SD 04-08773 110-21.doc
cc: Public Works—T.Bell,Construction on the date shown.
Current Planning,Oormnunity Development
T—October 7,2005
Windemere BLC Land Company,L.L.C.
San
Crow nn,CA 4583n Pl, 310 ATTESTED: DECEMBER 07, 2004
San Ramon,CA 34583
Ann;B.Olin JOHN SWEETEN, Clerk of the Board of Supervisors and
Arch Insurance CoiMany
135 N.Los Robles Ave.,#825 County Administrator
Pasadena,CA 91101
Attn:P.Brebuer
Liberty Mutual Insurance Company
505 S.Main street,Ste 830
Orange,CA 92868 By +� Deputy
Atna:P.Brebner
RESOLUTION NO.2004/ 636
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08773,
being developed by Windemere BLC Land Company, L.L.C., San Ramon
(Dougherty Valley) area. (District III)
DATE: December 7, 2004
PAGE: 2
A. Cash Bond
Performance amount: $20,620.00
Auditor's Deposit Permit No. 428422 Date: July 21, 2004
Submitted by: Windermere BLC Land Company, L.L.C.
Tax ID Number: 94-329-15-16
B. Surety Bond
Bond Company: Arch Insurance Company
Bond Number: SU5009147 Bate: July 9, 2004
Performance Amount: $2,041,380.00
Labor&Materials Amount: $1,031,000.00
Principal: Windemere BLC Land Company, L.L.C.
lll. 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. 2004/636
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COUNTY Or C.UNWA LVWA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLE
'0.TREASURER: MARTINEZ,CALIFORNIA
*CEIVED FROMJL
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's BuYetin 105.)
DESCRIPTION FUND/ORO SUIL ACCL TASK OPTION ACTIVITY AMOUNT
64i
L be 6 14
14 I_L__1. 1 t I I I j- —1 1 1 1 1 1
EXPL
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fCi� / I /✓ /; i .`
1
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1
i
ANATION .` TOTAL $ i
DEPOSIT t
r J'
/�y / - Deposit consists of the following items
L
,( ..
(' L" COIN and CURRENCY $
CHECKS,MJ1,ETC $ r71
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D'
NUMBER 428422 AH 114
4
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County
/T/reasury. now6dged
Date X�
j
r t SIi 5• °d' "' fid: <
Ti r t d 1 r {/ EXT. ( { Deputy County Auditor Deputy Cou urer
-34 REV(7-93) ._w.. y r '] t ri j (f
L(
0649-9665 /.831000: G1139236, $2,000.00, Sub 8268, Major Subdivision
Improvement Plan Review, Peter Ostrosky, 17 Sugarloaf Terrace, Alamo, CA
94507
0649-9665 / 831000: G1139237, Sub 8687, The Austin Group, 164 Oak Rd.,
Alamo, CA 94507
$14.229.03, Major Sub Improvement Plan Check
$1,950.00, Map Check Fee
0649-9665 / 831000: G1139238, $1.550.00, MS 03-0030, Parcel Map
Check, Trevor Tapscott, 2454 Sullivan St, San Pablo, CA 94806
0649-9665 / 831000: G1139239, $1,500.00, MS 03-0030, COA Compliance
Check-No Improvement Plans, Trevor Tapscott, 2454 Sullivan St, San Pablo,
CA 94806
0649-9665 / 831000: G1139241, $16.867.00, SD 8681, Landscape
Improvement Plan Review, Shapell Industries of N. CA, 100 N. Milpitas Blvd.,
Milpitas, CA 950135
0649-9665 / 831000: G1139242, $17,720.00, RA1165, Road Acceptance
Plan Review Deposit, Windemere BLC Land Company LLC, 313.0 Crow Canyon PI
#310, San Ramon, CA 94583
0649-9665 / 831000: G1139243, $14,180.00, RA 1166, Road Acceptance
Plan Review Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI
#310, San Ramon, CA 94583
0649-9665 / 831000: G1139247, $96,300.00, Sub 8773, Major Sub
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130
Crow Canyon Pi #310, San Ramon, CA 94583
819800-0800: G1139244, $20,6201.00, Sub 8773, Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon,
CA 94583
0682-9752: G1139250, $1,100.00, Parker Ave Underground, Gary Heihn,
PO Box 153, Rodeo, CA 94572
Subdivision: SU13 8773
Bond No.: SU 5009147
Premium: $16,331.00
Executed in Duplicate
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 661499 10)
L CITAL of Seat lvtsION AGRgE.&SNT: The developer(principal) has executed a subdivision agreement
with the County of Contra Costa to install and pay for street,drainage and other improvements in Subdivision
8773 , as specified in the subdivision agreement and to complete said work within the time
specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings
thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision.
2. OBLIGATION: Windernere BLC Land Company,L.L.C. as principal and
Archinsurance Company . a corporation organized and
existing under the laws of the State of Missouri - and authorized to transact surety
business in California, as surety, hereby joimly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as fellows.
A. Performance and Guarantee: Two Million Foo Qne Thoasand Three Hundred Eighry and
00/100 Dollars ($ M41,380.00 )for Contra Costa County or any city assignee
under the above County Subdivision Agreement,
B. Payment. One Million Thirty One Thousand and-00/100— Dollars
)to secure the claims to which reference is made in Title XV
(commencing with Section'3082)of Pan 4 ofDivision III of the Civil Code of the State of California.
3. CONDt7 ON'
A. The Condition of this obligation as to Section(2 AA.)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 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 Dept 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 retrain in full force and effect.
As 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 attorneys fees,incurred by
the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be t
as costs and included in any judgement rendered It
B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the
undersigned, as corporate surety,are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,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
furnished,labor of any kind, or for amounts due under 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 attorney's fees,incurred by
the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded
and fixed by the court, 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 thein 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 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 or.
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 Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on July 9, 2004
PMCIpA.L.; See attached signature page $t7r2ETY- ARCH INSURANCE COMPANY
Address- 3130 Crow Canyon Place #310 Address. 135 N. Los Robles Ave. #825
City: San Ramon, CA .Zip. 94583 City' PasadCA_� 'Zip. 1191101
By. By- ,
Print Name: Print Name Patricia H. Brebner
Title. Title- Attorney-in-Fact
ro,v[a
Or s0r43autfa S.aw mGN�Cbtt�dN•t2 ax
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WINDEMERE DLC 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
Lawri, Vi e President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 12, 2004 before me, Dina Prin!y, personally
appeared Lawrence H. Thompson, 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 capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. "NA WY
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�.,r�r�rr.ssicrnas3btil
! nresry Put+iic-Cad#forma
omnge County
vtt t n, xptr s Nov 28,2W7
OPTIONAL
Though the data below is not required by taw, it may prove valuable to persons retying 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: Surety Bond No. SU 5009147
Number of Pages: Three
Date of Document: July 9, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE AC OWLEDGMENT No.5907
State of California
County of Orange
On July 9, 2004 before me, Ashley K.Ward,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner ,
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 helshelthey 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
ASHLEY K.WARD behalf of which the person(s) acted, executed the instrument.
''= Commimion#1483688
«„ Notary Pub0c-California
t orange County
hlyComm.Expires Apr 16.2mal WITNESS my hand and official seal.
d 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) L
IMITED
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-4067tGEEF 2/88 01993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box 7184•Canoga Park,CA 919097184
POWER OF ATTORNEY
Knew All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its
principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Rhonda C.Abel, Jeri Apodaca, Patricia H. Brebner,Alexis H. Bryan,Jane Kepner, Nannette Myers,Leigh
McDonough, Mike Prizino,James A. Schaller, Rachelie Rheault and Ashley Ward of Irvine,CA(EACH)
Its true and lawful Attorney(sYin-Fact to make, execute, seal, and deliver from the date of Issuance of this power for and
on Its behalf as surety,and as Its act and deed:
Any and all bonds,and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings In pursuance of these preswnfs shall be es:binding upon the said
Company as fully and amply to all Intents and purposes, as if the same haid'b'bert du ly exetxutrad and acknowledged by Its
regularly elected officers at Its principal office in Kansas City, Missouri. ,
This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,-2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as tieing In full fora,and effect:
"VOTED,That the Chairman of the Board,the President,or any Vice President,or their appointees designated In writing
and filed with the Secretary,or the Secret4y shall have the power and authority to appoint agents and attomeys-infect,.
and to authorize them to execute on behalf of the Company, and attach the seal of the. Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed ,and certified by facsimile under and by authority of the following resolution
adopted by the unanimous.consent of the Board of Directors of the Company.on March 3,2003:
VOTED. That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which It Is attached,shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 9 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this Instrument to be signed and its corporate seal to be affixed by their
authorized officers,this 1 st day of March ,20 04
Arch Insurance Company
Attested and Certified
core
SUL
39ri
il�iatt€
Joseph S.L44 Corporate Secretary Thomas P.Luckstone,Vice President
STATE OF CONNECTICUT S
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary public,do hereby certify that Thomas P.Luckstone and Joseph S.Labell personalty known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing In appeared before me this day In person and severally acknowledged that they being thereunto duly
authorized signed, seated with the corporate seal and delivered the said Instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
0RX3AL SFAs.
WAJSSA B.til JGAK IlOWY N
Staledtom Mellssa gan,NotaryPublic
2C My commission expires 2-28-05
CERTIFICATION
I, Joseph S. i..abeti, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated March 1.2094 on behalf of the person(s)as listed above Is a true and correct copy and that
the same has been In full force and effect sines the date thereof and Is In full force and effect on the date of this certificate;
and f do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on
the darts of execution of the attached Power of Attorney the duly;elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this 9th day of July .2004.
Joseph S ell,Corporate Secretary
This Power of Attorney limbs the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
SUL
IV"
Home Office:Kansas City,MO
OOML0013 00 03 03
Page 2 of 2 Printed In U.S.A.
I'v"k 4Arch
Y
Insurance Group
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2002
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal governrrment will share,
with the;insurance industry, in losses arising out of "acts of terrorism" certified as such by the secretary of the
Treasury, '+Certified acts of terrorism"are defined as events that cause more than $5 million in losses and:
1. Are violent or dangerous to"human life, property, or the lnfrastructure;
2. result in damage within the United states, on a United States" mission, or to a United States aircraft or
vessel;ar)d
3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce
the civilian population of the United states or to 'influence the policies or conduct of the United States
Government.
The,pct specifies that coverage for"certified acts of terrorism" must be made available to commercial property
and casualty policies of Insurance, and it requires insurers to disclose"arty applicable premium charges and the
federal share of compensation, elle Are making these disclosures in strict compliance with the Act.
Discldsurs of Availability of Coverage for Terrorism Lasses
Coverage for losses resulting from"oertified acts of terrorism"is being made available to you.on terms,, amounts,
and limitations generally app icable to lasses resulting from perils other than acts of terror sin.
Disclosure of Federal Share of Compensation for Terrorism Losses
The federal government will pay a'00% share of an insurer's terrorism losses once the insurer has satisfied e
significant aggregate annual deductible: For terrorism losses occurring in 2002, that deductible is 1% of the
insurer's 2001 direct earned premium. For losses occurring in 20 34 and 2005, the annual insurer
deductibles are 7%,, 16% and 16 of the pricer year's direct earned"premium, respectively. The Act provides that
neither insurer's near the federal government are responsible far lossesassociated with"certified vets of terrorism"
once aggregate annual insured Basses exceed $"1'00 billion.
Disclosure of Terrorism Insurance.Premium
Your Bond premium charge for"certified acts of terrorism"coverage is$Q.
SR 00 37(Ed. 11 02) Page 1 of 1 Printer!in U.S.Q.
Vt71Ci Ai Ti~R 12131/04> 41/3/04 FATCO$42 8773
Tax Collector's office William J.Pollacek
625 3ourt Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P O. Box 631 Costa
Russell V.Watts
Martinez,California 94553- gyros 4.a Chief Deputy Treasurer-Tax Collector
00631 i., `
(925)W-4122 Count �/ Joslyn Mitchell
(925)646-4135 FAX '"7 Tax,Operations Supervisor
s
i -
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 VMD.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/ MS# city T.R.A.
8773 SAN RAMON 66383
Parcel#: 223-090-006-6 222-090-007-4 223-100-057-7
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 2003-2004 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 Muni 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 8505
WILLIAM J. POL�, ACEK,
Tre urer-T1�Ilector
By. -�a
RIDER
To be attached to and form part of:
Bond Number 24004181
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 Band is amended to included the following tracts:
Tract 8509, Windemere, Phase IV
Tract 8773,Windemere
Tract 8774,Windemere i
Tract 8775, Windermere /U
Tract 8776, Windemere DATE: _. //)
BOND REVIEWED AND APPROVED
Tract 8777, Windemere CONTRA.COSTA CfliJA?'T�'
Tract 8778, Windemere
Tract 8779,Windemere T OLLE`",6
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: LEN'NAR 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, Attomey-in-Fact
C kLIFORNIA ALL-PURPOSE ACKSOWLEDGEMENT
State of California
County of Orange
On November 5. 2004 before me, Dins 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.
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
CALIFORNIA ALL-PURPOSE AC 'OWLEDGMENT No.5907
State of California
County of grange
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
ASHLEY K" ARD
behalf of which the person(s) acted, executed the instrument.
' Commission# 1483685
Notory Public -California
' ter.ExPi m Apt 1 WITNESS m hand and official seal.
My Comm.8xpires Apr 16,X008 y
! 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) LI
MITED
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 2788 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
THIS POWER OF ATTORNEY IS NOT VALID u.*LESS 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 j
POWER OF ATTORNEY
5
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,NANTTE 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
CITY OF IRVINE,STATE OF CALIFORNIA.............................................................................................................................
each individually if there be more than one named,its true and lawful afforney-in-fact to make,execute,seat,acknowledge and deliver,for and on its
behalf as suretyand as its act and deed,any and all undertakiinis,bonds, recognizances and other surety obligations in the penal sum not exceeding
ONE HUNDRD SEVENTY-FIVE MILLION AND 00/100 DOLLARS($ 175,i30i7 .00 }each,and the
execution of such undertakings. bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE Xill-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 fiat talions 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, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such '=s
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
0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 0
as binding as if signed by the president and attested by the secretary. .5
"CS
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Q
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby C
authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make, execute, seat, acknowledge and e
deliver as surety any and all undertakings,bonds,recognizances and other surety obilgations. �O
to That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. UJI
1
y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of � E
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January
2004
LIBERTY MUTUAL INSURANCE COMPANY {
tt1 O f rs 1 �'�
O0 BYik
Gamst W.Elliott,Assistant Secretary +
4COMMONWEALTH OF PENNSYLVANIA ss �
IM rn COUNTY OF MONTGOMERY
to *- 0
! On this 22nd, day of January 2004 , before me, a Notary Public, personally came Garnet W. Eillott, to me known, and acknowledged �iv
0 = 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
ai Power of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ie
C M >
IN TESTIMONY WH ,? unto subscribed my name and affixed my notarial seat at Plymouth Meeting,Pennsylvania,on the day and year �It
t. first above written. ON Co
Q
OF f ryn£ufrs,ria tR e cL t r�c tr niy B .�IW,,� -,� "1
My t S F FN SSi 3:1 Exp}rfA-Mal � s-006.......} Y
r f>m7er r£ IY. YF, „,so,s..cr of}�fowifiv; Ter sa Pastella,Notary Public tJ '
CERTIFICATE `'O I "?
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 facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual lnsuran,.e 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 manuaiiy affixed.
IN TESTIM QNY WHEREOF i have hereunto subscribed my name and affixed the corporate seat of the said company,this 4th day of
Zovember J004
By
�''��% Da4MCarey,2ss- 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 Croup for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BONN
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.
LNHC-6539 2/03