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HomeMy WebLinkAboutMINUTES - 12072004 - C.6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIT, PUBLIC WORKS DIRECTOR DATE: .December 7, 2004 SUBJECT: A roval of the Final Ma and Subdivision A gement for Subdivision 04-08774. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION. RECOMMENDATION(S): ADOPT Resolution No. 2004/ 637 for Subdivision 04-08774, approval of the Final Map and Subdivision Agreement, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Talley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision.04-08774 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: 1rv� 7i COMMENDATION OF'COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 2":CPPROVETHER SIGNATURE(S): ACTION OF BO ON DECEMER 11 2004 APPROVED AS RECOMMENDED XX_ _OTHER t I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS NONE date shown. xx:. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTES TED: DECEMBER 07, 2004 JOHN SWEETEN, Clerk of the Board of G:\C,tpData\EngSvc\SO\2004\12-07-04\SD 04-08774 Order.doc ,y Orig.17iv: Public Works(ES) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Public Works–T.Holl,Construction Current Planning,Community Development T October 7,2005 ��� Windem re 130 LC Land Crow Canyon Company,. By .�.—..1 Deputy San Raman,CA 94583 Attn:S.Olin National Farmers Union Standard Insurance Company One Financial Plaza,10'h Floor Hartford,CT 06103 Attn:A.Ward Libeiiy 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/ 637 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision. 04-08774, 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: L Map The final map of Subdivision 04-08774, 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 Ric(313-2363) I hereby certify that this is a true and correct copy of an action :\ rm GGrpData\EngSvcV30\2004\12-07-04\SD 04-08774 BO-21.doc taken and entered on the minutes of the Board of Supervisors :\Gt cc: Public Works—T.Bell,Construction on the date shown. Current Planning,Community Development T—October 7,2005 Windemere BLC Land Company,L.L.C. 3130 crow Canyon Pl.,#310 DECEMBER 07, 2004 San Ramon,CA 94583 ATTESTED: Attn:B.Olin JOHN SWEETEN, Clerk of the Board of Supervisors and National Farmers Union Standard Insurance Company One Financial Plaza,I&Floor County Administrator Hartford,CT 06103 Attn:A.Ward Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 By , Deputy Ann:P.Brebner RESOLUTION NO.2004/ 637 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08774, 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: $18,850.00 Auditor's Deposit Permit No. 434405 Date: November 10, 2004 Submitted by: Windermere BLC Land Company, L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bernd.. Bond Company. National Farmers Union Standard Insurance Company Bond Number. 4410155 Date: October 27, 2004 Performance Amount: $1,866,150.00 Labor&Materials Amount: $942,500.00 Principal: Windemere BLC Land Company, L.L.C. 111. 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. 2004/637 Wing i Ralm 40 YIc •-x•41}C�a yg3�yi" f i [ S{u�,l `.�.yi ZE Nd I s a M�-Scn w ca �i,v�����•�fSff���t��� �cn � „2, PZI 08 o LAJ II gZ i car p WL} Y ztd< �qrj�ro (t�✓:-S�^. yW��''� � i- y.� �i�y�y t�gJy � C] Gp_ S7 GS O],e C� 6 W_ tiZ gO W y films h CR A m�'N ,' .7. � t� ' s� 'y¢¢�m t cy 6 SO� W yt7�yy. Vj; �Jg i g +'S t�Sr n. iSVj,,..)i$$n iogwy 2 bib' 2� tn�cNa��- (6"� ��y , ` `w_�� ZWV (�XH V Vk}. pK�� � isO'. Iota F3 1'a'� "4 yV!4 t-": �y in '252 ga � � R < '�� r Ain .� � N. � < a n� � wam gig 96Ne n {m Ys a e r RA n ��` 9It N e_� �k . p It 16 Al U ca a 13.1 � x say c a V ` th ir- s � Y o { � pail �x L .y. OD R , tn $. 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SUB' TASK OPTICON AC WITY AMOUNT ACCT 1JL - I I n= X I '1 I kE 40 1 f t C' 41 q/A 1 1 �.o 1 6 14 1 i 1 r c-' n I I i 1 EXDEMSIT PLANATION: r, i f $ 7 Deposit cormh of the f6knving items COIN and CURRENCY S �,MA ETC- $ BANK DEPOSITS $ FOR AuDrrOR-C(7h11'RCaum USE OMY DEPOSIT PERMIT pp NUMBER �ASSIGNeroi.D'��The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above orriwnt is hereby deposit into the County Treasury. .SigLled. � Signed: �(..}L�v..t""w.../ Ti 4 i' EXT-?, `. - peputy County Aucsiior Deputy County Treasurer D-34R€V.(7-43) 0649-9665 / 831000: G 1158941, $88,325.00 Sub 8774, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC,3130 Crow Canyon PI. # 310, San Ramon, CA 94583 0649-9665 / 831000: G 1158947, $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 06499665 / 831000: G 1158956, M5 01-0003, R&S Homes, 10 Camino Moate 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 BLC Land Company LLC, 3130 Crow Canyon PI. ## 310, San Ramon, CA 94583 819800-0800: 61158940, $18.850.00, Sub 8774, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Craw Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G1158946, $21,980.00, Sub 8775, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. ## 310, San Ramon, CA 94583 819800-0800: 61158951, $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: G1158945, $1,900.00, Vacation Applications of 418 Heald St., Crockett, J.P. Electric- Patty Caspers, 1508 San Pablo Ave., Pinole CA 94564 0648-9140 / 812100: G1158956, $4,276.00 M501-0003, Mitigation Rev, R&S Fomes, 10 Camino Monte Sol, Alamo, CA 94507 Executed in Duplicate Subdivision: SUB 8774 Boad No.: 4410155 Premium: $9,331.00 IMPROVEMENT SECURITY BOND FOR SLTBDMSION AGREEMENT (Performance, Guarantee and Payment) (California Government Code ft 66499 - 66499.10) 1. RECITAL Of SUBDIVISION AGREEMENT- The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8774 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and pilings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. CIBLICATION: Windemere BLC Land Corn ap ny,L.L.C. as principal and National Farmers Union Standard Insurance Company , a corporation organized and existing under the laws of the State of Colorado and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Million Eigbt Hundred Surly Six Thousand One,Hundred Fifty and 00/100 Dollars ($ 1.866,150.00 ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Nine Hundred Forty Two Thousand Five Hundred and 00/100 Dollars ($ 942,500.00 ) to secure the claims to which reference is made in Title XV (commencing with. Section 3082) 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,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 obligation secured hereby and in addition to the face amount specified therefore,there shall ire included 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,all to be taxes as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.3.) 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 refetTed 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 band shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title IS(commencing with Section 3082)of Pan 4 ofDivision 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 ftt,lly 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 further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2813 and holds itselfbound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED ori October 27, 2004 NATIONAL FARMERS UNION STANDARD PRINCIPAL. See Attached Signature Page SURETY: INSURANCE COMPANY Address: 3130 Crow Canon P1. , #310 Address: One financial Plaza, 10th Floor City: San Ramon, CA Zip: 94583 City Hartford, CT Zip: 06103 By. See Attached Signature Page Print Name: N 1 A Print Name: Ashley K. ward Title. N 1 A Title: Attorney-in-Fact G�GtpDasa `VcUrom�s 8K WORD�Bh•13 as Rr�s p 'xs 4q 4 wMEMERE ILC LANAI COMPANY,LLC, a California limited liability company By: LEN-OBS WINl71 1viERE,LLC,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member B David Evans, Vice Prident CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 28, 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. DNA a #1453611 0 No§cfV,'*lls7l4C•C4E###p3f'rfC7 oYCtt1gA C:7t1S'iN My COMM.M.Eyores NOV 28,201-2 01-i 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: Surety Bond No. 4410155 Number of Pages: Three (3) Date of Document: October 27. 2004 Signers (other than those named above): Ashley K. Ward CALIFORNIA ALL-PURPOSE A IOWLEDGMENT No.5907 State of Califomia County of Orange On October 27 2004 before me, Jeri Apodaca,Notary public DATE NAME,TITLE OF OFFICER_E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward NAME(S)OF SIGNER(S) ® personably 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(€es), 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. RI h LDACA d `` i�`k3VPUB; -Ck1;fQq?k%A WITNESS m hand y and official seal. 1 SIGNATURE O OTARY 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 MAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/G€EF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184*Canoga Park,CA 91309-7184 NATIONAL EAkivIERS UNION STANDARD INSURANCE 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 f of Irvine,California to be its tree and lawful Attorneys)-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 lv RIL,�Cl�l AND 001100 I)QLLAM( 50 000 0U0 010)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 XV1II-EXECUTION OF POLICIES,BONDS,BTC. 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 Board 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 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 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 it day of arch 2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary INS STATE OF NEW YORK) ss COUNTY OF NEW YORK.) On this qday of Marc 2004,before me,a Notary Public,personally carne 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 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. 1 Card E.ClnoWa Notw Psbiic-State of Now Yotk No.,01014769623 Notary Public Miffed In Wa tChester Caurq My Commission Expires Ame 30,2006 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 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 a th day of October , 2004. By Martha G. nnerman,Secretary sn. :........... : °��LC1PP atJKN7-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 tosses 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 terrorists coverage which should be used for informational purposes only. Blease refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUFI 10001 (Ed.4/04) VOID AFTER 12/3f/04 ' 113104 FATCt� $42 $77$ Tax Collector's Office William J.Pollacek 626 Court Street Contra tr a County Treasurer-Tax Collector Finance Building,Room 100 .+LJ P. O. Box 631 /� {- Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Cou my Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor 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 l MS# City T.R.A. $774 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 bund for tract 8509 WILLIAM J. POLLACEK, Treasurer-Ta CIlector -i' f gy 3 .y 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 Bond is amended to included the following tracts: Tract 8509,Windemere, Phase IV Tract 8773,Windemere Tract 8774,Windermere Tract 8775,Windermere DATE Tract 8776 Windemere Tract 8777,Windermere BOND REVIEWED AND APPROVED CONTRA COSTA COUNT Tract 8778,Windemere T 4LLEC t'u>. Tract 8779,Windemere B1' 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, 7!� Member By. .r---- -- - (Principal) David Evans, 'dice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: ffj� -Ll- L)— (U'-� Rhonda C.Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOV1,EDGEMEWT, State of California County of Orange Can November 5;2004 before me, Dina Prin#y, 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. , v yC. in 28,2007 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 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 AsKv ,WARDbehalf of which the person(s) acted, executed the instrument. ;f w Commission#1483685 Notary Public -California �. Orange County WITNESS my hand and official seat. My Comm.Expires Apr 16,2008 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 40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 1450865 { THIS POWER OF A'T'TORNEY IS NOT VALID% .vLESS IT 1S PRINTED ON RED BACKGROUND, 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 I the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS i 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 attomey-in-fact to make,execute,seat,acknowledge and deliver,for and on its behalf as sura and as Its act and deed,any and all undertakings, bonds, recognizances and other surety obit ations in the penal sum not exceeding surety y ** ********* ***** ONE HUNDRED SEVENTY-FIVE MILLION ANG!001100 DOLLARS($ 175,+;100 000. 0 )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the 1 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: i i ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, ; execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such I y aftorneys-in-fact, subject to the limitations set forth in their respective powers of attorney,shalt have full power to bind the Company by their i G signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be c y CL as binding as if signed by the president and attested by the secretary. is By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .0 , C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby to authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal,acknowledge and _ r j deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O I-0 01- 0 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W >: E y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of © r Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January 2004 C.rA LIBERTY MUTUAL INSURANCE COMPANY O i 3 Ri Q tL O Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss I0 COUNTY OF MONTGOMERY O � CD t On this22 nd day of January _2D-04 ,before me, a Notary Public, personally came Garnet W. El#Cott,to me known, and acknowledged ' O — that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :a E.s Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. A as IN TESTIMONY WH R unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year �N C) first above written. ONr c? IN > T Natuelni acs! �- TeY^asa f+awsi?a.14cslc�ry r'z3uiic :i:W @ ' F;y,a�oufn T;np_.Morgpfnery County By Z C) Ter sa Pastell o Notary ublic 3 :.... ,V✓w,:^nrsgsaittS�.,Explrcx�M Fla;_�'?.ZfltS& {{ 0 d tCa ft'embcr,r +r vt rir" sscc ttcr tN�tnrrc; a,N to P O CERTIFICATE 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 specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XII1,Section 5 of the By-Caws of Uberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manuaiiy affixed. It�TEST#a ONY WHEREOF #have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of November 2004 y Davi Carey,Assisvg6t 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 2103