HomeMy WebLinkAboutMINUTES - 12072004 - C.7 TO: BOARD OF SUPERVISORS i..,
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 7, 2004
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08776.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 638 for Subdivision 04-08776, 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 04-08776 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:
e"RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE k
PROVE THER
t
SIGNATURES :
ACTION OF BOAR N DECFA,,BER 07, 2004 APPROVED AS RECOMMENDED XX OTHER
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
XX UNANIMOUS(ABSENT NONE ) date shown
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: DECEMBER 07, 2004
OiaGrpData\EngSvclBO\2004\12-07-04\SD 04-08776Order.doc JOHN SWEETEN, Clerk of the Board of
,y ,y �,
Orig.Div: Public Works(ES) Supervisors and County Administrator
Contact: Teri Ric(313-2363)
cc: Public Works—T.Bell,Construction
Current Planning,Community Development
T—October 7,2005
Windeum BLC Land Company,L.L.C.
3130 Crow Canyon Pi.,#310 By a— , Deputy
San Ramon,CA 94583 JJ
Attn:B.Olin
The Continental Insurance Company
P.O.Box 946640
Maitland,FL 32794-6640
Attn: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/ 638
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08776,
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 04-08776, property located in the San Ramon
(Dougherty Valley)area,Supervisorial District III,said map having been certified by
the proper officials.
II. Subdivision Agreement
A subdivision agreement with Windemere BLC Land Company, 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) 1 hereby certify that this is a true and correct copy of an action
LT:rm
G:\GrpI3ata\EngSvcv3o\2004\i2-07-D4\SD 04-08776 BO-21.doc taken and entered on the minutes of the Board of Supervisors
cc: Public Works—T.Bell,Construction on the date shown.
Current Planning,Community Development
T—October 7,2005
Windemere BLC Land Company,L.L.C.
3130 Crow Canyon PI.,#310
San Ramon,CA 94583 ATTESTED: DECEMBER 07 2004
Attn:B.Olin JOHN SWEETEN, Clerk of the Board of Supervisors and
The Continental insurance Company
P.O.Box 946640 County Administrator
Maitland,FL 32794-6640
Attn:P.Brebner
Liberty Mutual Insurance Company
505 S.Main Street,Ste 830 Q ..
Orange,CA 92868 By ��` ,Deputy
Attn:P.Brebner
RESOLUTION NO.2004/ 638
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08776,
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: $25,700.00
Auditor's Deposit Permit No. 431272 Date: September 15, 2004
Submitted by: Windemere BLC Land Company, L.L.C.
Tax ID Number: 94-329-15-16
B. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number: 929341272 Date: September 7, 2004
Performance Amount: $2,544,300.00
Labor&Materials Amount: $1,285,000.00
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. 2004/638
1 b..
1
�i1 O� r�yy Q, ` ^_y,. •�Y �'✓��j � i ��'� �,� '�yy�`i'Yd'�'�� � ' Wl�,�yy�
Its
I Wk
'"�i�,�,-�g�^� ..J W Y"�� r• �'w� `iso N�� � '�
N VV
s
y�l w c y vii � 5at fQr �yr��
s
gp-
ILIA
v dtsd
s
.c
tI= < I xN , vA 144.
0 it
�4 At
AP
dN t
t7{+ ``M '�^' "�p �
+/ � - '�,
d � d ✓CJ ��
'�`�
Fy+��yio6� p �'NCy `�' �r r� r��` ���`��..{w � „yt •� Z� chi �a �,'-�'� �'�
0-3
sit
I,.,1e'v`�>L'�a � ,�
N KG d Y 47 U? L
Rig. t
Ky d r`', 4- 3 ca %,ta t
z Npp tt y�j �W ��7 p3 Lam". T3 ' O
u. N t.. 47 �+ ..
14
w yx�
s 6.+ W
� a sem
Al
N � a xA
tA � dJ �
' .1" ,6
av SM-
���
I
Ir
PE
R I
Z' kgs }NO a 6-8 �Nr
Q W
G.. `u5
F-
'...�0
r +c
gays
(Ono
h- ( .�`C' pO,zgO tY2K Iuu,s�pp_ C.1
�/yy �OC'•I + N 2'a `.-'40 OS � �pC[LS ttiWZ
Lj
mw
Imp
�.. u�'i
in
" tQS
c5
Lie� ffi
�f
n �tan
gR
t IRS
iE
Q us
�w
N
w b� `� I ¢'�' •�'�.baa ! cii ������� w"`�
Y� �{pacryny }t�yoy G ffi� 1452 '!o
M
H!it:11 Q-.t / h:12.,,_�'ta...-wyZ�} ppNh O. <L7 HdZN
cc
Hill
,F- O
i
Ig
h
z LV
ei:r "� tG ' I N
is d d
�qi....r�s
�Ny pn. t t yryi
YS
LO
r"n''`FY�
co
S, a � W�7��u+7N.w.N i•. P I
z a a z zl`�Iz a aiz'
m
�
cc
LtJ
1^Cly T�Z NCO
;z x x z z x a�tzy3`
�s om I_n�v;�eYY pNo_�'o/ i �i7 z ifaJ lz zirwzi
tKI
' d
ia,=�s5z�asa
t•'s `�� � l � 4Z'46Z hS 34 b'afbh
CO AYA1
1S k13„SZ,EZ.BlN
6G3 P. NOIGI(1(t ens l N
{
Y
• �Y+LE�� � 7' y'��{ 'C'C��FF«�Y
ts
S6Yw
' jcss"
1
to
�i
� � a
" --C�"WI,ti1�dlZ a* , ?moi ,r�,�• c"�' � Gti3
_� 91 of SFS
�8
4i�i4 l $S A lrm + t k1��e - .r�l�� co `
N ' �'ire
f&'`.. ,tF"91 .rt
({ Ll,9LriN 't 21 io7� r;; p
I i o O
and,40'6 w„ 3na 100'6
j as„et,ay.4sy
66
SO,
41'
09' da
£6 `� mG3 i � Y�
� �i3 wS a rh
m
CO
r- 3 C3 eai,a' fl of n
1 N
� X10 'S6• � .�,,;,� � � ;� Y ��,'R�
Go
l LO
\
xs- CO
�J;b CO
� �
Ln
C3ho � � Pi F;
ST ni
U38 HIA
5 0 OPW 1 !0
lel CY
` g V) m � a tai
m X
0
§17
sly°'; w LJ LAJ
00LAJ
in
708''3`.
�rG�bp`40 J,>
is
M fii�
.tl «GS:Z9.£LN io wr' i. 1 x i' ''+ t c.� .r. t,•y
59'lZt M«0S,Z9.5ZN l' •-
x'�ia� I ss a � z 39
4n
o, M J`1G err .rr rnt o! t�G M b.
X30.4§•38», H I � �•`-�� M�I �+ � t-.
1 31S/3S/W3rW m.fit "� F
,00'6 �
M I;r,cx '►""' , c+°r;, f gf to
LO
18
to
Co ce I a
92 1 Op CSS M«GS,Z99ZN CU
M„05,Z9.3ZN
N f Z=-
w tL� z C:i c �� P L~aJ
z w M/-4s/3d/3rW 00'6
95.51 Y t h41Cgg x £Z 88 { 2 M;5tZ5 5ZN V1
10;.0 M»06,28 9ZN I LLJ
LLJ
1..-9 0Cti PliP. F'i SI ig
IRt o. t+
cMls I$ �{ u7 0 �
3F 7s. N}1gg.51 1i �„' , 1 M `g'
3 r z j
r,I
fl ►r3 .8 ��. S Y� £t'&ti M,fl8,Z89LN e n1• <r t? M.M,Z8.9ZN a 8fl
- ---- —t�1--• )-
u x4104` �t t -IN�98'0CZ M„08,Z89ZN it-Nf),fl8'9Z!M«OS,Z89ZN LNt
AVM SONUSVH
0Z'SZ£M 08 Z8.9ZN 9'J
–.GD'85
68_ -
W�
i8'6Zt I U GD'99 00'89 $ GD'89 '99
}` ,9L'485 M,08,ZS N Ce3
HE W e9v)
pj, .♦�i. � v�� ice-� �' � r�� � Y•-~ t� � ��t �jg�i
E
23
rte ° cc
y00, o� �4� x,03 z#' rY •�� ;; a
LO
U7
p/tz, i
b dctoj
JW ti J if. I gl^r
Lal tL'48 /d a v
�--'�"..�.�34s'szt � z4 t z�,�� ,�• �4c'oz�j
�y� �r�yiM Dy{E�S�HrLN Ertl-i4)4£8'C5 ' _ � ";
v� SJN1.t$�'l�J�, M„FC,6t.4FN -p{,18'81 M.Bt,Ft.t£1� ,CC'841 M.8i,94.t£N
W:Oc"£Z£M 04 z5$ZNi R
Zt.LO�V
r8 F41 j I l--3Rd,00'6
cc
C� o
+� 40'H4t M,St,St.bCN
!
469 M d til
� 01 �; t+") � CC)
M„91,94.KN I cV
!i,9L'Y44 'rUJ
! !
�s
w� 1 tLS
r and :40.6-.1
LH'Z6 291 m
LO
29,
w
i i v
to.— '00'06 1 i E o°� 1 N'}
CO
tJJ g hg ; I + I
`'� L 133HS
S
CHAR
~ j MA
P-'F {0; t+Y�"J;N;N 25
o La y
# i
R- t
C1 ml LLJ { ��
,�- 33S
133HS
9 -ter
v
C0 I ) a
a #$ is
h � i-• 1
M,9t,9t.4£N a �
61 tol
$ ' rg 3 I N
{ W T1, �h•! � n X
M,5i,5b.4£N T
{ r `i i ,00'951 M"94,51.t£N
8 N r$ { w
30c,00'8 ! co
00'06 I � j--311400'6
LLJ
M,9t,54.t£N
cv
, I
U7 M,9t,5b.t£N
S co r� ( CC'951 M 9t,5t.4£N
LD
-� X04 # Oy yy/gy py
h •'J
t1i�i� I
E
C9t,54.t£N ( �)I 00'851 M,9t,5t.t£N
p
N38'03'46" R wd $�jion �iJ
91.70 I 71tVy #
y a N38U 33 W(R)156.06
144228'03'
99.9 . r 14434446 k 216. 07
14461$45 Rl `iJ _
`r 014-1
2 f.
tn
E w 6� rs�j N43'fl4 "
ml
SIONN�NGE WAS cxn
8"W N 70.2' lr1
9 r tat
0O
ita C � � ted
X.44 74. E
�oty�8509
tN
91M
�um
E- �..
M ri
a
v
ry N44' X22"E 56.00'
�~ .CC 36.00
N 3.S 6z.SZN
r x}`
s9'aot
b 3,9t,5S.9*N
I
1
.00'061
C37 a �
cue'
rQ
U7 N 3"Vt,SS9�N
CG o
}{ i M ca
Gra iN M CIQ
-3nd'00.6
r ! 00'06 Q tYJ
j E 3jf ,5S*N CCS
f
# LLJ 1 3 Yt,5S94N Iil '
ce
s wi NS n i � '� IIi g � ! i �5 psi
94'
Lit!z!
iJ! 3"4t,5S.94N
� I
1 s
ViiN~' n`
1i ~
3ott,55.94N I �� `
54'£C yc
3:*t,V.9>N
L 133HS 33S
cin
Lai
� Y1
4
cn
N
INZ
LLJ
y
ttia /
c� in
LO ro ,
/ LAJ
Ln- Ln W
.qac
. tasaye'a�"w
' cj Cd. C-Q
M
Lo [.r
z� co d J �� Fri
�,,.a
tn
LO
°+
As
l� c W
n
ig all
co I
w
co
_
COUN-Y OF CONTRA:COSTA:
DEPOSIT PERMIT
OFFICE C1F COUNTY AUDITOR-CONTRUM
TCt:TtiE T ABU MAR71MZ,CALIFC1TtNFA.
RECENEDIRM.
ORGANMATIONKLMMER_
{Fm CasE,.Cord,* ,pvc6c rwtttounty.AtWiiotiifwi.oijkfln:lo&)�:.
F!!jr' : AniCtu� "
� r t
VU
AQ
llkn
g f.
f :
r} $ t f
f t
. J e f
41:11 01A.
Jt .f l
IZA
ik
f
g`
# E
.:.
t
LL Al
E
� f
f
f >
1
f
con , thb , esP cev
OrO=RRENCY
'� •`-,., .> ,� � CE�GS,i�As;STC. � � ;
RANIf't BkMTS. $
FOR A4DMOR=CONTROUER USEONLY
t)EEPE SIT
PERMIT
NUMBER-
DATE
ASSNPD
The amwint of money descnbaei:abewa is for Tieasurar s mceipt of above amountis appn d.- Rseefpt,of aksove aGsecur 'is Eiereby
dt #re Canty Treasury cek"nrswledged
", a LXL -
. EXT DeEathynunhF Aucliter f sWy.-County Tmosumr-
D-3A REV(7-94
5s
� K
__. ..
............................
819800-0800: 01139839 $5,860 DG 0012, Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Crow Canyon PI, #310, San Ramon,
CA 94583
819800-0800: 01139841,$3.560.00, DG 0033, , Performance Cash Bond;
Windemere BLC Land Company LLC, 3130 Crow Canyon PI, #'310, San Ramon,
CA 94583
'819800 00"::::61:139W $ 7W 00:, Sulo 8776 Performance`Cash Bond,
Windemere BLC Land Company L,LC, .3.1.30 Crow Canyon Pl, 310r San P-.Q mon,
C:A :94:5:8:3
819800-0800: G1139848, $1 .490.00, DG 0032, , Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Crow Canyon PI, ###310, San Ramon,
CA 94583
Subdivision: SUB 8776 _
Bond No.: 929 241-272
Premium: $12,722.00
Executed in Duplicate
1AVROVEMENT SLCMTY, OND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Governtrrent Cade §§ 66499-66499.10)
L Rxcrral of Str rvisioK AG=EMINr: The developer(principal)has executed a subdivision agreement
with the County ref Contra Costa to install and pay for street,,drainage and other improvements in Subdivision
. 8770 , 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
thcrcunder in ardor to satisfy conditions for filing of a final map or parcel map for said subdivision
2. 01aL cA.=N: _ - _ Windemere_RLC Land Company, L.L.G. as principal and
The Continental Insurance company a corporation organized and
existing under the laws of the State of____ New Hampshire and authorized to transact surety
business in California, as surety, hereby jointly and severally bund ourselves, aux heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Ferformanre .and Guarantee: Two Million Five_ Hundred Forty Four Thousand Three
Hundred and 00/100 Dollars( _ 2,544,300.00 )for ContraCostaCountyorany
city assignee under the above County Subdivision Agreement.
R. Payment: One Million Two Hundred Fighly Five Thousand nd 0011001
Dollars (S_ L285 U00.00 )to secure the claims to which reference is made in Title
XV (commencing with Section 8082) of Parc 4 of Division HI of the Civil Code of the State of
California,
3. Com.
A. The Condition of this obligation as to Section(2 A.)above is such that if the above banded principal,
or principal's heirs, executors, administrators, successors or assigns, shall in alt 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 be 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 taxed
as costs and included in any judgement rendered.
K•
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 firn-Jy bound unto the County of Contra Costa and all
contractors, subconTractors,laborers,material men and other persons employed in the perfarma nce 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 rest
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 assize)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 Pan 4 of Division 3 ofthe 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 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 Cade Section 2819 and
holds itself bound without regard to and independently of any action against The principal whenever
taken.
Slgvgn,sND Sarin on September 7, 2004
PRTNCTpAL« Windemere BLC Land Company, LLC StjRETy; The Continental Insurance Campan�
Address: Address: P.O. Box 946640
City: .dip: CijyMaitiAnd, FL �Zig-ry 32794-6640
By. . .sge Atsed signature bock By: �<
Print Name: Print Dame: Patricia H. Brebner
Title: Title: Attorney-in-Fact
G. � �c�tiw�ap'�x-�xacc
s
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
�.y
�k
David Evans, Vico, President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On Member 8, 2004 before me, Dina Printy, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
Co
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 Sand No. 929 341 272
Number of Pages: Three (3)
Date of Document: September 7,2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A> 3OWLEDGMENT No.5907
State of California
County of Orange
On September 7 2004 before me, Ashley K.Ward,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
f
NAME(S)OF SIGNER(S)
personally known to me-OR- 0 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 h€siher/the€r
signature(s) on the instrument the person(s), or the entity upon
tHLEY behalf of which the person(s) acted, executed the instrument.
Commission#1483685
Notory Public-Caftfornio
Orange County
My Comm.ExPiresApt 16,2008 WITNESS my hand and official seat.
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)
El GUARDIANICONSERVATOR NUMBER OF PAGES
[� OTHER:
SIGNER IS REPRESENTING. DATE OF DOCUMENT - -
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-40671GEEF 2/98 01993 NATIONAL.NOTARY ASSOCIATION•8236 Retnmet Ave.,P.O.Bax 7184•Canoga Park,CA 91309-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL AT"i ORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's insurance
Company of Newark,New Jersey,aNew Jersey corporation(herein called"the CIC Companies"),are duty organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals
herein affixed hereby make,constitute and appoint
Mike Parizino,Linda Enright,Rhonda C.Abel,James A. Schaller,Jane Kepner,Nanette Marietta-Myers,Patricia H.
Brebner,Alexis ti.B an,Lei h Mel3anou h, €ndividua€I
of Irvine,California
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bands,undertakings and other obligatory instruments of similar nature
---in Unlimited Amounts
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted, as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002,
11Ag r
The Continental Insurance Company
oa 15- =" Firemen's Insurance Company of Newark,New Jersey
f
State of Illinois,County of Cook,ss: Michael Gengler Group Vice President
On this 2nd day of April,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,diff depose and
say;that he resides in the City of Chicago,State of Illinois;that he is a Group Vice president of The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed
the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that
they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to
like authority,and acknowledges sate to be the act and deed of said corporations.
"OFFICIAL SEAL"
DIANE FAULKNEl
Notary Public,State of Illinois :__.....�,
My Commission Expires 9117145
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A, Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is
still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still
in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this_ 7th day of
September 2004
9� r ;` The Continental insurance Company
Firemen's Insurance Company o/ff Newark,New Jersey
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11!01)
1
Authorizing Eby-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
'RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seas of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such o€iicers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
4
W
In accordance with tho Terrorism Risk Insurance Act of 2002, we a"prong this
di losu a notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified,below is the surety or insurer;
principes on bonds and insureds on certain insurance policies written by any one
or more.of the following companies (collectively the *Writing Companies") as suety
or insures,Wostern:Surety Company, Universal.Surety of America, Surety Banding
Company of'Amenca, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty'Company of Reading, PA,The'"Piremen's
Insurance Company of Newark, NJ, and The Continental Insurance.Company.
ne premium attributable to coverage for terrorist :vets certified under the Act was
zero DORS" ($0.00).
LJOAM
The United States will pay ninety percent (90%)of cowered terrorism lasses exceeding
the applicable,sur+etylinsurer deductible.
Fftm POfA
VOID'AFTER 12131104 X1/3104 FATCO $42 8771x.:
Tax Collector's Office William J.Poitacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P. O. Sox 631 Russell V.Watts
Martinez.California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX ��ll Tax Operations Supervisor
.Nuew Al
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/NIS# City T.R.A.
8776 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 8509
WILLIAM J. POLLACEK,
Treasurer-T x,CIlector
,r
By: t r
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, Windemere
Tract 8775,Windermere ,
Tract 8776, Windemere DATA' `
Tract 8777, Windemere BOND REVIEWED AND APPROVED
Tract 8778,'Windemere CONTRA COSTA COUNT"
Tract 8779,Windemere T tll,Elat 1 u``
EY:
Tract 8780,Windemere - -
j,.
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 Evarxs, Vice President
LIBERTY MUTUAL .INSURANCE COMPANY(Surety)
C,
By;
Rhonda C.Abel,Attorney-in-Fact
C,tLIFORNIA ALL-PURPOSE AC,KN4D��! 'EENT`. .`.; ,.�; ; ,:•° ,'
State of California
County of Orange
On November 5. 20034 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. r "
ti�„t Ir;C ,.yt 'tilC iIC
. ,<<
.�'+.. -;t e. ,Nov 2B,7GG7
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 eapacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
ASHLEY K.w,RB behalf of which the person(s) acted, executed the instrument.
Commission# 14636&5
(EDS11 "
Notary Public -California
Orange County
MyComm.ExpiresApr16,21706_ WETNESS my hand and official seat.
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
GENE=RAL
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 7J98 Q 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
i
THIS POWER OF ATTORNEY IS NOT VALID%,,,o 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
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 j
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 E
CITY OF 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 surety and as its act and deed,any�and all undertakiniss,, bonds, recognizances and other surety obligatnin the penal sum not exceeding j
ONE HUNDRED SEVENTY-FIVE MILLION AND 001100 DOLLARS($ 175 000,000.00*****
)each,and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
i
ARTICLE X111-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
p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be N j
C as binding as it signed by the president and attested by the secretary. .q
to l
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby l
�.: authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal,acknowledge and
deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 0
0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of r- E
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd_ day of January ��
M.. I
i LIBERTY MUTUAL INSURANCE COMPANYo
1
a� y By
O r+
!`.3 Garnet W.Etliott,Assistant Secretary
., COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY *-�
Onthis 2nd day of Janua 2004 ,before me, a Notary Public, personally came Garnet W. Elliot#,to me known, and acknowledged 4�
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
E :3 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. io
0cC >
. y IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year le
to first above written. ortw� g, * ar
9 E t6V
(�
OF 1 �uncufr 'xp. hA rv�y,,(,sry C rtkrj
V i My�1 es+�fii�. irx�.re zEa 8 ZW&.......I By
S� 41 mtv'tzrl —1— Ter sa Pastelia,Notary public 0
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 attorneys-in-fact as provided in Article
Mil,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 lnsurance 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.
itsNTEST# ONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of
ovemerCt(14
t ,� By 'Carey,
rDavi M. Ass' t 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.
LMIC-6539 2/03