Loading...
HomeMy WebLinkAboutMINUTES - 12072004 - C.8 __ _. . TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR BATE: December 7, 2004 SUBJEC'T': Approval ofthe Final Map and Subdivision Agreement for Subdivision 04-08777. --- - SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 639 for Subdivision 04-08777, approval of the Final Map and Subdivision Agreement, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty galley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR MS :I Subdivision 04-08777 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: Kt _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �PP'ROVE THER SIGNATURES : ACTION OF BOON 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 G:\GrpData\EngSvclB4\2004\12-07-04\SD 04-08777 Ordcr.doc JOHN SWEETEN, Clerk of the Board of Orig.Div: Public Works(BS) Supervisors and County Administrator Contact: Teri Ric(313-2363) cc: Public Wor'rs-T.Bell,Construction Current Planning,Community Development T-October 7,2005 Windemem BLC Land Cornpany,L.L.C. 3130 Crow Canyon Pl.,#310 By �.r'"� -'4,.i�..--^- , Deputy San Ramon,CA 94583 ' Attn:B.Olin ell National Farnim Union Standard Insurance Company One Financial Plaza,1oi°Floor Hartford,CT 06103 Attn:A.Ward Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 Ann:P.Brobner THE BOARD OF SUPERVISORS OF CON'T'RA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 7, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND CLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE_ RESOLUTION NO. 2004/ 639 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision;04-08777, 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 04-08777, 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 Ric(313-2363) 1 hereby certify that this is a true and correct copy of an action LT:zrn taken and entered on the minutes of the Board f G:\GrpData\EngSveU3b\2004112-07-04\So D 04-08777 BO-2l.doc Supervisors cc: Public Works—T.Sets,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 San Ramon,CA 94583 ATTESTED: DECEMBER 07, 2004 Attn:B.Olin JOHN SWEETEN,Clerk of the Board of Supervisors and ?National Farmers Union Standard Insurance Company One Financial Plaza,10"'Floor County Administrator Hartford,CT 06103 Attn:A.Ward Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 By -- "' ,Deputy Attn:P.Brebner RESOLUTION NO.2004/ 639 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08777, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District 11I) DATE: December 7, 2004 PAGE: 2 A. Casa Band Performance amount: $29,720.00 Auditor's Deposit Permit No. 434405 Date: November 10, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Tax lD Number: 94-329-15-16 B. Surety Band Bond.Company: National Farmers Union Standard Insurance Company Bond Number: 4410153 Date: October 27, 2004 Performance Amount: $2,942,280.00 Labor&Materials Amount: $1,486,000.00 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: $5,714,700.00 Principal: Windemere BLC Land Company,L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/639 Jill ?�$ Of j fln iru<s��Y� s •� 'r' i1•`�c �^ r, ris U~ ¢ z�n' rri �ior5 (3s 9- Z - Wi � (s�""�� a� *�1..{` > po g r e ra 6 �5 r ow L7 az kzY+t��as�s�< +���a �z z/2p�iy� C� < I Z •K iti<-4L In J d > 4 V~'� d(-�2. F� V. 41 sw + #a^iigc.3` qW ,u aI GS 11 ~t'J z ffi 'cf � m4 Li ry - T s Fes` 11! 5�g� " � 4?i w g j W' 19 !�Ami ii 'A co� cle _ 'w w +4 of aPR � g Z CY� cn w w4� ys25 N�yp3'p � sya�5� mx u us 25 m fax30 s 9 gig - �� a { � N w N � di uw HM _9 g m r t `It V6 � 1 ngd ; Z Gus E �l,�4 y� 7[ 1 � � S rt of is cn �l.)'Zs�7 U� Uy1�yGya�..�.e`, yu g`" �P N` x ,t x ' � W v� 1 � � ' l lit " T r- � w � vgq iR 54 V " €S Fit n d r N s t au c 16Klli��i t -I >�� 6 li sVAY5 S'N v � V2 �,y�� Z a+� � ~ ih h• ya.� �M �CJ snc�i x ah S' I � te! � i i 14 D 32 na0r51818v238 Y pppppp V �p � rryytltl�-y{{..��pp ��yy {{ '~ ' ®t �� I C3; .ri ri ui gi Pi ai 1 u wf �3c!p��c�r..;.w w wj♦♦LLtt!3e�c ur� ya+W�3^f� s^t$�.•}'��3c'w,�«+�3,w�e 3r 3++�y3e;,�+l�y.s 3c w'x 7c�s+ w w ca al=z x a.�x z a a ySZ$z Z aE Z!2 Z z z7ta}a`f',a x a=zi i.z=z z 22 i z z clisin C 5H3 vi 99v) co Ca 609e NOIGINGens CO _ l£7 co co ca— MZCQ CO LO � Y g y M ti +Y ( � CQ Lo cn 1co ��-.• t ��� c'� � ��� w' .mac � �a,Y o j cIowa h co c0 M tt; ��as i jig Lj w m w ui •�C ct� SJ cT i t� T a � a bG'tl:3„L£Ltr.9tN °�80flL 3•$F95st4N c^ d Sri eb vt i f ry4S ; �'tt N29i tk' i3 ytih ��; y Co m' At zi C�00 00 °5� 16 � � db M <+ co CL 00 i � � ��'SZ�igN �rh ��IV!i'j;°� !`wf�,a��' g1�8 �•��t3 ��§� Cq t � CL N 4 o L 00 &�gtSB L vm 00 3NcMcr cQp LV T i t W N ! ( ne II V in c+a �c4.0 ' 16°E R �Y3 ?.8.Ot7' s r- 1 .e� � M � � eni'�, cv.2v iv f•, �+n iW e. �� �! c? 1{.18•C{✓ ,���, btco .�0 LZ t11 ` as fir” �' ! 3 j+ r t�2 �4� {G+n tl nim-An n n {t- � iE co .✓,.QLi � i i'�I,S'i._'TM�i�.r a cv zv.r �5 p`rs'i. 1411. - 8 w`8 3nIts gig 5 Y-WN I +C•d117�p'©!t3}Y� p7�d� Fi;Y�7 ig ,a; � �ti � c; 'L�ySOp �dy 0 � 1.gl8pO� co w IN 1 all 616 m� 8 I con co Z 3 ZZ 6s: N e a a i 1 ss'6LFm; e 9 1111,24'04'€169. 46.7 9'MPt)-6 _ - ry 122,5x'y-PL) ,9 BS'9t v0y yL t" 3 LZ6t.9tN t ,W },ZS�bDtt� J C'St 0� 'OTPml B5' tt D99s� gS.L£a� DO'y�6a c14 C .J,�lZ2C1 �r 1w ^,llj �t =�v�?�,/(D ��y j 6 Q�61� �' g1 z i 4z^ c14 #F7 o �J`CC2 ;> 49 C/ z1 moi}o 0 I i CV <8N nj ��t 1 7.9p0 Z1v` ,JS-dS 7 ' - co N 1 0� Vti Cf 9t$t.>D 85'9Sa N Ct1 i 1 •et �Ay,� �h. � .5B'Sb l�, t3S�Ov 7 � a �' 7,�h,co�?�p�,h4 'DC'D"9x`yS'zlmd 8G"1 tgS�,,`5m2 3.ZZ,64.S*N 1LyL�, ts' DO$y 9D�Y�D9N r D8S£�7 113.fi£,9Z.KN v x CZ I=7 6S. Op•D.LF C F 1j i&i'SD:Tj !S 9F. " �C!'� D9a&F S Y 04 k •�Z t t'a�`• (L 00'lli '0p'09m h 6S 8 OD<L�6L i cC3.ZZ,6t:9tN I z( i OC) bo'" l ) I ts1 AR I-- S t9a 7 D �9t Q a CJ `� ? Lij _1 N H? CC9 r a! _00-m LY i I023.ZZ,6tr.94N N C? 36 BS a ,r6ze 3 t456 96'rr rs7 SH i zi W of I F<its tl? QOozzt1'� 3.ZZ,6t.9tN z J: W UD OD I`d I s'N CD � V1 61 3X,6t.9tN ,Zt'S v �W,tB'S4= ? 0 ji � c � _a�G�b ��,J„tc4� i�1,tc'50La7S�t•9l�`7.. $ DOgZZ �F��D` � € Hai" ce �'sr���Zs is tA LO 3 .. 9S.tt1d z :T k ANS 335 r �r FIR i1,99 ziwi It 54. 'Aw l ig S9 0 a wI ugc 'tts�a� I � � -Y i + �3i3aCV110 s!3't (.' iY +131?143P i.�J J �7{7Yt LkNj `t'tJi1{ tt.iCJ �� 10 ; £rst.iz.tsstw t fJ (� xfi$. t=p 0C ta,tc 3.Lz,9t.t SKOV pQD L£:C7 y0'g oc � £a'z9= £1'z9=� e1t �7 $s'os�7 ,•y Cr lot -t ,00 01 g grCJ $z=G',fl0,009-8 {t'91! 7 � N 3 *Jt.WN D OD•xt �,1 9732 c R £a 3`0810 30ON3`I� (ri-Yt},Lt'CL1?"i£,9z.S8N d d'w. � rte.' W�La4s i 1 6S'9f£-i 0£40.9z=17 00'ttL•8f try fit G r =_ tali<b0# 66'03-7 C, '1 pS'Slx yt ,L*W M C N CW "a 1 i I tLa LJ cn t..© f71 "d CT? t" 4 a I t+'7 za Cls sa t+s re"s r M i i , +d to tt} 3(3d,W'S--I �Y5.££tL S� ,8£Cb zL'19 ti'£8 $ F`* " + x *5- 3 ta,££.9LN 3,9t,9Lgp 3 f � � ,£1'99 kn f "rS 143 00'C{l1 C E LL.. a r s 3,Lz,9t«t8N rs VC CD 00 ,$£19-7 M s�'�� t�>tr�eax�fl.azz=>3' t �1•ss� az zs.`mfls � `` � �fl, � go ,?. g Rl8£ J., X96'92 6'ss ozrL.F,il.ss.b 1 � 7 1 �'1 v w z �`�� is 97z .9 9a9ax 6 so zo. z``vC f�7 890"t1 ` 9sa s as ,lt'zL=7 CZ.9fl�gj f 3Z.9'.38N 1 °� •+-.'I�•ijY-t 1N 'i r" !`"�'' f •5'Q'$8 �G't'7T4 M 3z'99:98td 00 Crj 09868NLU �/ 7 3,7d,00'8 Y f 133HS 33S �, ' �m h- Q �Y N OOJJ Hf�� i.■q '� � t�7 �t � � t�Y� 'i-rt �Nv� ,n`1'..�ii� � �c� f f `���g'�� � F��Y�I/� rte" ��� ...1 ✓m �O{r�'y�. � �� , � � �c��v}f[n'u�i�dy',Iw�Ia�IrE•!��`�$.g� 10 6099 NfOIS[AfGenG N��:�IN���' 101 ami"+ n�v s. �s !!!iiia zJ I2lz a z rz zt >2 ,15'ogY �5g1 QLD i t t � LZ.5Y.4aN �� N7 \ c }}yuouum aO{ryOM83HS N21'45'�� A Rs432.0o' 3 ag, y`7 N�dm w r Co i),;O'l8t 3.LZ5Y.YaN d=t 6'26'36 l •s R ,.��` �`" ca,�•-•-.- N6l'S6'57 � �13`';,09 lrnli `j'► >M f sl. `.�"3 ` `5 °.3taj=+�� C) OX BLI 0 C? Il { a � �� �} � -- -,00'8£ _•.Z£'£9l �-L2i � O Yt'05t 3.czsY.Yawla, , � r' z'4E t r „i0't6t 3.LZ,9Y.YaN ILO N^ 3"d 00'6—J W Y, 4a`4S1 3.LZ,5Y.Y8N f(( s.LZ,94.YaN g vs �•3ttd.00LAJ '6 LLJ m w Wt Il '00'096 3.LZ,SY.4aNje Z4'CrOt r r; [ry t�ya I h 1 3.LZ<St,YEN M,br 6ts/ C6 756' 7T 00.09;3.LZ,54.4aN 10'001 GS7dMc0.1,uLBN m 66'BSt 3.£O,KJSN IS e la ac icc o� 41 LL1W a 3' O I^ n n fa n g 3.£Y,LS.9EN ce }a z�vtrv`" 8 3.LY,90.89N `!.8i'8ZZ k.BZ,ay,` afi (N .649i,gaN ;u ��R P it NI b t• 98N � Oil —L 3NVI ny (7d-yy)1E'6S m 9 133HS 33S ' _ '- me v> w- y� to WSC.°.,�� J � y� z gii m w w ! v at v K ! � SEE SHEET 7 oil W W � (rr-or'rz 'ssz M�sz,s�ssu_ _ _ — _ — (M-fl)j.6si £l 1v it 00,00. Z8'04! 2lkt,li, l jry .J .£05aIPN 6>,6Ctr' j }vl' 1, • h .`C 7 co 00 lw 00.6 ,�. C14 r- LTJ `~ co �(-.s Ny ^ 96`, p n o t[y 91,Z&d[v J�1�J r�eta tG w Cn bo i 00 1• o ant !ty n r t in .� camAl`t,00 / zr j5/ h N B� l� oi. z600t C[1 L iLAJ cUC) ra l8,y Sr n J ev7 W t^ °dkr� 1 awry F5 S� _ (tQUN I T(.it'IL-VN I KA I VS1A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER (O THE TREASURER: MARTINEZ,CALIFORNIA 2ECEIVED FROM 77 ORGANIZATION NUMBER (For Cash CoRection Procedures we County Ad"iriftitor's Bulbtin 105.) DESCRIPTION FUND/M. Sulk TASK ACTIVITY AMCIUNiT ACCT. Q ELI, -- 1 1 rr ?-'2 i ! 1 i V / •, . ter' v '? i ' ) 11.17 06. f vo v' r 1 l i � � !` ,.r CJS �;• �- 1� 1 _ � r �It_ s'� `•` '� � "3 '��� 1'�Z�.t Lc Y 1 f (�}o ?'d{} rr i I EXPLANATION: , TOTAL $ f DEPOSIT 't Deposit consists of the folbvving items i CON onil CURRENCY $ r � Aikml MO,ETC $ =,'` l*- = 7 BANK DEPOSITS $ Fat AUDIT(7R-CONTROLLER uSE ONIY DEPOSIT PERNT DWMBER � The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amow*is hereby deposit into the County Treasury. T' EXT. - 0eputy County Auaikrr Deputy County Treasurer D-34 REV.(7-93) �•� � �"�, 1� I� ��V� � -,S �f � ""f � K.L � 4�(�.� 1 �����f '�..+.(7 FC �j�i� 0649-9665 / 831000: G 1158941, $88,325.00 Sub 8774, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC,3130 Craw Canyon Pl. # 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, Magor Sub Civil Insp. Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Raman, CA 94583 0649-9665 / 831000: G 1158956, MS 01-0003, R&S Hames, 10 Camino Monte Sol, Alamo, CA 94507 $694.54, Map Check $1,472.73Pian Check 0649-9665 / 831000: G 1158957, $282,500.00, RA 1151, Road Acceptance Civil Inspection Deposit, Windermere, BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Raman, CA 94583 819800-0800: G1158940, $18.850.00, Sub 8774, Performance Cash Band, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Raman, CA 94583 819800-0800: G1158946, $21,980 Sub 8775, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819810-•0800. 61.1.58951, $29,720.00, Sub 8777, Performance Cash Bond, Windermere,RLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0682-9752 / 819200: 61158945, $1.900.00, Vacation Applications of 418 Heald St., Crockett, J.P. Electric- Patty Caspers, 1508 San Pablo Ave., Pinole CA 94564 0648-9140 1 812100. G1158956, $4,276.0} M501-0003, Mitigation Rev, R&S Homes, 10 Camino Aponte Sol, Alamo, CA 94507 Executed in Duplicate Subdivision: SUB 8777 Baud No.: 4410153 Premium: $14,711.00 LqPROVEmxN-r SECURITY BOND FOR SUBDMSION AGREEMENT (Performance, Guarantee and Payment) (California Governrnent Code §§ 66499 -66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra. Costa to install and pay for street, drainage and ether improvements in Subdivision 8777 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for ding of a final trap or parcel map for said subdivision. 2. OBLIGATION: Windemere BLC Laud Company.L.L.C. as principal and. National: Farmers Union Standard Insurance Company , a corporation organized and existing under the laws of the State of Colorado and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million Nine Hundred Forty Two Thousand Two Hundred Elba and 001100 Dollars($ 2,942 280.00 l for Contra Costa. County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Foch Hundred-Eighly Six Thousand and 001100 Dollars (S 21486000.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of fart 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 Centra 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 rcasonable atromey's fees,incurred by the County of Contra Cass.(or city assignee)in successfully enforcing such obligation,all to be .?-xed as costs and included,in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,sabcontractors, 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 land, or for amounts due under the OnemploymenT 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 fined 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 underThle 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any snit 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 iunher notice to or consent by the surety;and the surety hereby waives the provisions ofCaliforma 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 October 21, 2004 NATIONAL FARMERS UNION STANDARD PRINCIPAL: See Attached Signature Page SURETY` INSURANCE COMPANY Address: 3130 Crow Canyon P1., #310 Address: One Financial Plaza, 10th Floor City: San Ramon, CA Zip: 94583 City: Hartford, CT Zip_ 06103 By: See Attached Signature Page By, Print Name: N/A print Name: Ashley K. Ward Title: N/A Title: Attorney-in-Pact JD low Imp G+Grp:)aa .CsFCMWHN WORD4N•12 dw 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 k David Evans, Vic President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 28, 2004 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seat. TU51 0 - ` lit s, 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: Coryorate officer—Vine President Lennar Homes of California, Inc. DESCRIPT©N OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410153 Number of Pages: Three (3) _ Date of Document: October 27 20104 Signers (other than those named above): Ashley K. Ward CALIFORNIA ALL-PURPOSE AC DWLEDGMENT No.5907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notary Public DATE NAME,TITLE OF OFF=ICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward , NAME($)OF SIGNER(S) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. APO Ash f alv au '4 { WITNESS my hand and official seal. � viy m:q5Y.'.t,iC�E 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) H 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-8235 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 NATIONAL FARMERS 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 of Irvine,California to be its true 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 MILL QN AND 00/100 OLLARS($50.000.000.00)each, and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,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 attomeys-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 2G'`day of March,2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary ,see } STATE OF NEW YORK.) ss COUNTY OF NEW YORK) On this ,day of March,2004,before me,a Notary Public,personally came WALDA UECREU ,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. COM E.01nLl') Notwy R01c•State 0 NewYork No,01014769 Notary Public 00IMed in Yd ter Cir nay G tnl elan expire it"go,2 CERTMCATE i,the undersigned,Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed.Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIIL 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 27t:h day of October , 2004. By _ Martha G. nnerman,Secretary t ts� ' rout+ atA-N-TA IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90% of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR 10001 (Ed.4/04) VOID AFTER 1213110 "1131134 FATC© $42 8777 Tex Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P. O. Box 631 /� Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations supervisor i7alir9A - 'C' 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/ MS# Cites_ T.R.A. 8777 SAN RAMON 66383 Parcel#: 223-094-006-6 222-090-007-4 223-100-057-7 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 2403-2004 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 800-755-6304 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, Tre rer-Ta C ector 'y By: 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 DATE: Tract 8777, Windermere BOND REVIEWED AND APPROVED Tract 8778, Windemere CONTRA COSTA COUNTY i3LF.EC'ru.:�. Tract 8779,Windemere EY. Tract 8780,Windemere M7 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 4th day of November, 2004 . Signed, Sealed &Dated this 4th day of November, 2004 . WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Managing Member By. -- (Principal) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: Rhonda C.Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKN NM,EDGE IEN7` .:` � �'� ', ., "� ; .' A State of California County of Orange On November 5. 2004 before me, Dina Prints, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. iv 28 20071 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 biomes 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 42004 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 MATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rbonda C. Abel NAME(S)OF SIGNER(S) ® personally known to me -OR- [j proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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.wA�a behalf of which the person(s) acted, executed the instrument. HI Commission# 1483685 Notary Public •California Orange County My Comm.Expires Apr 16,2008 u WITNESS my hand and official seal. rwe��sr f 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) C❑ 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 S40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 1450865 THIS POWER OF ATTORNEY IS NOT VALID%rYLESS IT IS 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 the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANE'TTE MARIELLA=MYERS,.JAMES A. SCHALLER,JANE KEPNER, MICHAEL D. PARIZINO, JERI APODACA,PATRICIA H. BREBNER, LEIGH MCDONOUGH,ALEXIS H.BRYAN, RAC14ELLE RHEAULT,ALL OF THE CITY OF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal, acknowledge and deliver,for and on its behalf as surety and as its act and deed,any�and all undertakiinris,fonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE MILLION AND 00/100DOLLARS(s 17S M0 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 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 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, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such V 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 m as binding as if signed by the president and attested by the secretary. Ac 4) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .0 Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ..-E authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. C 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal o€ E 00 st` , Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of _ January 2004 Q Lt LIBERTY MUTUAL INSURANCE COMPANY i ON:3 r AS ! C x 1 y C t� Garnet W.Elliott,Assistant Secretary + COMMONWEALTH OF PENNSYLVANIA ss :'- + COUNTY OF MONTGOMERYcc 0 C On this 22nd day of January 2004 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged 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 2 Power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. C t4 .v y, IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year a 0 first above written. ow z < ..cit Ir E • e�* (�� tfwr; i Sea; ao y Two,= +Hiskv Nn i y f tf�=, T/ �% w Oor ! t'iytz=tuiP,T,�[ P9 gF3r e y L z�aCy /H Ll j ivAy CUre3 re..iyt= iwx;J!ze�,A tst..._E3 �fJUv e 0 6 ................. BY .. Ter sa Paste6a,Notary Public Pzrsy4tisan!„Anscc att,;n 19 CERTIFICATE t�I h I,the undersigned,Assistan 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 XIIi,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsin-ile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. I# _TESTi%ONY WHEREOF i have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of ovem er 2004 t jai Byr J\r, Da4MCaray,Ass' rit 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 its 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. LNEC-6539 2/03