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MINUTES - 01042005 - C15-C18
C' .•:}1 Jam`' TO:: BOARD OF SUPERVISORS ,/✓ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepdng Acceptingcoin lotion of private improvements stic Place) for Subdivision 98-08262. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS : ADOPT Resolution No. 2005/ 25 for Subdivision 98-08262, accepting completion of private improvements (Mystic Place), for project being developed by Sherman Ranch, L.L.C., Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONN: The developer, Sherman Ranch,L.L.C.,has installed the private improvements in a good workmanlike manner as required by the improvement plans and in conformance with the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The six-month lien period will not start,the surety bonds will not be exonerated,and developers billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: ;, 7COMMENDATION OF COUNTY ADMINISTRATOR r' RECOMMENDATION OF BOARD COMMITTEE ,A"ROVE OTHER ; ' SIGNATURE S ACTION OF BOARIJ ON IAMJAU OLS, 2QQ5 APPROVED AS RECOMMENDED Xx OTHER RR VOROF SUPERVISORS UNANIMOUS(ABSENT IV ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. JD:m G:\C-rpData`ErgSvc\B0\200n0I-041SD 98-08262 Order.doc Orig.Div: Public Works(ES) Contact: Frank Navarro(313-2264) F.D.94-3300943 JANUARY 04 2005 cc: Public Works -T.Beit,Construction Div. ATTESTED: , -M'Valdez,MBeT 1.3b-H.Finch,Maintenance Div. JOHN SWEETEN, Clerk of the Board of -I.Bergeron,Mapping Div. J.Dowling,Engineering Svc. Supervisors and County Administrator -T.—614104 Sheriff-Patrol Div.Corranander CHP,c/o AI CSAA—Cartog Shenuati Ranch,L.L.C. �} 4456 Black Ave.,#200 By_ , Deputy Pleassmon,CA 94566 � Atte:Richard Sandmann Insurance Company o:the West 11455 EI Camino Real San Diego,CA 92130 Aun:Jerome L.Hren 1, IIIIII�III�iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlINII CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— + 000 — Jljjr04887-00 Board of Supervisors L/�V✓�.r i CJs/ E�l(J Return to: Wednesday, JAN 05, 2003 10:35:35 Public Works Department FRE $0.00 +� A Engineering Services Division Tt 1 Pd $0,00 Nbr-0 02504901 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005,by the following vote: AYES: SUPERVISORS GIOLA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2005/ 25 SUBJECT: Accepting completion of private improvements (Mystic Place), Subdivision 98- 08262, Alamo area. (District III) The Public Works Director has notified this Board that the improvements in Subdivision 98- 08262(Mystic Place)have been completed as provided in the Subdivision Agreement with Sherman Ranch, L.L.C.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JD:rm G:\GrpData\EngSvc\BO\2005\01-04\SD 98-08262 BO-45.doc Originator: Public Works(ES) Contact: Prank Navarro(313-2264) Recording to be completed by COB F.D.94-3300943 cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab I hereby certify that this is a true and correct copy of an -H.Pinch,Maintenance Div. -I.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of -J.Dowling,Engineering Svc. Supervisors on the date Shown. -T.–6/4/04 Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: JANUARY 04 2005 CSAA—Cartog Sherman Ranch,L.L.C. JOHN SWEETEN, Clerk of the Board of Supervisors and 4456 Black Ave.,#200 County Administrator Pleasanton,CA 94566 Attn:Richard Sandmann Insurance Company of the West 1!455 El Camino Real San Diego,CA 92130 By ,� , Deputy Attn:Jerome L.Hren RESOLUTION NO.2005/ 25 SUBJECT: Accepting completion of private improvements (Mystic Place), Subdivision 98- 08262, Alamo area. (District III) DATE: January 4, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of January 4, 2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY May 23, 2000 Insurance Company of the West November 5, 2002 Insurance Company of the West BE IT FURTHER RESOLVED the payment (labor and materials) surety for $88,650.00, Bond No. 1848096 issued by the above surety be RETAINED for the six month lien guarantee period until June 4, 2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County Roads, at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$2,000.00 cash security for performance(Auditor's Deposit Permit No. 391754,dated August 21, 2002)plus interest in accordance with Government Code Section 53079, if appropriate,to Sherman Ranch, L.L.C. pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond are exonerated. RESOLUTION NO. 2005/25 TO: BOARD OF SUPERVISORS FROM: MAUR.ICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepting completion of warranty period for right-of--way landscaping improvements and release of cash de osit far faithful erformance for Subdivision 00-08428. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECC711 MENDATION(Sl: ADOPT Resolution No. 20051 26 for Subdivision 00-08428,accepting completion ofwarranty period for right- of-way landscaping improvements and release of cash deposit for faithful performance,for project being developed by Hofmann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The improvements have satifactorily met the guaranteed performance standards for the warranty period. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be maintained by the County, Continued on Attachment:— ' `� SIC:NATURE: -o,_.,RtCOM 4iENE►ATION OF COUNTY ADMINISTRATOR _,,,RECOMMENDATION OF BOARD COMMITTEE "ROVE OTHER SIGNATURE S f= r ACTION OF MAOt NAM16 ',V 04, 005 APPROVED AS RECOMMENDED XX OTHER s' t` I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORSminutes of the Board of Supervisors on the XX UNANIMOUS{ABSENT IV date shaven.) AYES:_NOES: ASSENT: ABSTAIN: ATTESTED: JANUARY 042 2005 Kar„ JOHN SWEETEN, Clerk of the Board of G:1CmpDa4atE„SSvc B0 2003;0l-04\sD000942E Ortler.doc Supervisors and County Administrator ©r(%.frit: Public Works(E,5) Contact: Frank Navarro(313-2264) cc: Public Works -M.Valdez,M&T Lab -T.Bell,Construction -S Ictal Engineering nng ServicaB B -Special Districts y , Deputy Currant Planning,Community Development Hofmann Land Development Company 1384 Galaxy Way Concord,CA 94520 The American Insurance Company 777 San Mann Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vete: AYES: SUPERVISORS OIOIA, PIEPHO, GLOVER AND UILKMA NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO, 2005/ 26 SUBJECT; Accepting completion of warranty period for right-of-way landscaping improvements and release of cash deposit for faithful performance, Subdivision 00-08428,Byron area. (District III) On September 9,2003,this:Board resolved that the right-of-way landscaping improvements in Subdivision 00-08428 were completed as provided in the Right-of-Way Landscaping Agreement with Hofmann Land.Development Company and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $1.3,800.00 cash deposit(Auditor's Deposit Permit No.373955,dated September 6,200 1)plus interest in accordance with Government Code Section 53079(if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed.and the Right- of-Way;Landscaping Agreement and surety bond are exonerated. KDxm I hereby certify that this is a true and correct copy of an G:1GrpI?ata\Engsvc\B0\2045\01-04\SD 00-08428 BO-60.doc Originator: public Works(Es) action taken and entered on the minutes of the Board of Contact: Frank Navarro(313-2264) Supervisors on the date shown. Fed I.D.68-0419482 State I.D.02118258 ec: public Works M.Valdez,M&T Lab -T.Bell,Dahl, ,Engineering ATTESTER: .JANUARY 04 204.5 -K.Dahl,Engineering Services � -special Districts JOHN SWEETEN, Clerk of the Board.of Supervisors Current planning,Community Development and.County Adrllln�Strat(31 Hofmann Land Development Company 1380 Galaxy Way Concord,CA 94520 The American Insurance Company 777 San Marin.Chive By' - r Deputy Novato,CA 94998 RESOLUTION NO.20051 26 TO: BOARD OF SUPERVISORS17 f! FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepting completion of warranty period for right-of-way landscaping improvements and release of cash deposit for faithful performance for Subdivision 00-08432. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION{S): ADOPT Resolution No. 2005/ 2 7 for Subdivision 00-08432,accepting completion of warranty period for right- of-way landscaping improvements and release of cash deposit for faithful performance,for project being developed by Hofmann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASONt$)FOR RECOMMENDATION(S): The improvements have satifactorily met the guaranteed performance standards for the warranty period. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be maintained by the County. Continued an Attachment:� SIGNATURE: .--RECOMMEN�rDATION OF COUNTY ADMINISTRATOR "- M RECOMMENDATION OF BOARD COMMITTEE 74PROVE „. OTHER ; SIGNATURES f- ACTION OF BOA ONTANUAI2Y (}4 2(x}5 APPROVED AS RECOMMENDED xx OTHER r. 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 date shown. xx UNANIMOUS(ABSENT IV ) AYES: NOES: ABSENT: A85TAIN: ATTESTED: JANUARY 04, 2005 JOHN SWEETEN, Clerk of the Board of KD:rm 6:\GcpData\EngSvc\BO0003W:-04\SD00-084320rder.doe Supervisors and County Administrator Orig,Div: Publ e Works(ES) Contact: Frank Navarro(313-2254) CC: Public Works -M.Valdez,M&T Lab T.Beit,Construction / -K Dahl,Engineering Services Special Districts By "' , Deputy Current Planning,Community Development HoBnarm Land Development Company 1390 Galaxy Way Concord,CA 94520 St.Paul Fire and Marine insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2005/ 27 SUBJECT: Accepting completion of warranty period for right-of-way landscaping improvements and release of cash deposit for faithful performance, Subdivision 00-08432, Byron area. (District 111) On September 9,2003,this Board resolved that the right-of-way landscaping improvements in Subdivision 00-08432 were completed as provided in the Right-of-Way Landscaping Agreement with Hofmann Land Development Company and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the$230.00 and$770.00 cash deposits(Auditor's Deposit Permit No. 385380, dated April 25, 2002) plus interest in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94- 4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Right- of-Way Landscaping Agreement and surety bond are exonerated. KD:rm G:1GrpData\E7gSvc\BO\2005\01-04\SD 00-08432 BO-60.doc I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Frank Navarro(313-2264) Fed I.D.68-0419482 Supervisors on the date shown. State I.D.C2118258 cc: Public Works -M.Valdez,M&T Lab -T.Bell,Construction -K.Dahl,Engineering services ATTESTED: JANUARY 04, 2005 -Special Districts Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors Hofmann Land Development Company and County Administrator 1380 Galaxy Way Concord,CA 94520 St.Paul Fire and Marine insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 By Deputy T - - RESOLUTION NO.20051 27 TO: BOARD OF SUPERVISORS OS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08780, San Ramon {Dougherty Valley) area. {District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&c BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 28 for Subdivision 04-08780, approving the Final Map and Subdivision Agreement,for project being developed by Lennar Homes of California,Inc.,San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08780 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__- RtCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �CPPROVE OTHER SIGNATURES:- ACTION ACTION OF BOA . ON TANUARY Q4, 2005 APPROVED AS RECOMMENDED XX . OTHER f r` I hereby certify that this is a true and correct VOTE OF SUPERVISORSxx I�7 copy of an action taken and entered on the AYES: NOES:_ p AES: sous(ABSENT t minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. G:\GrpData\EngSveU301,2005\01-04\SD 04-08780 Order.doe T JANUARY h717 A 7y�T ri 1. �Cyft Orig.Dlv: Public Works(ES) ATTES 1 E,D: •.JA UAR 04 y 00 Contact: s Teri ltWork2363) JOHN SWEETEN, Clerk of the Board of cc: Public Works Bala,Constrnetion T—NoV=ber4,20 Community Development Supervisors and County Administrator T—November 4;2005 unnar Homes of California,Inc. 3130 Crow Canyon Pl.#310 San Ramon,CA 94563 Attn:Brian Olin Safeco Insurance0Nonn lv.,Arne 10 By Deputy 330 North Brand Blvd.,Suite 5000 Glendale,CA 91203 Attu:Patricia H.Brebuer Liberty Mutual Insurance Company 505 5,Main Street,Suite 830 Orange,CA 92868 Aur.:Patricia H.Brebner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005, by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEM NOES: NONE ABSENT: SUPERVISOR MARK DESAUONIER ABSTAIN: NONE RESOLUTION NO. 2005/ 28 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08780, being developed by Lennar Homes of California, Inc., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: L Map The final map of Subdivision 04-08780, 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 Lennar Homes of California,Inc.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an action G:\GtpDatalEngSvc\BO\2005\01-04\SD 04-08780 B0-21.doc LT nn taken and entered on the minutes of the Board of Supervisors cc: Public Works–T.Bell,Construction On the date shown. Planning,Community Development T–November 4,2005 Lennar Homes of California,Inc. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 ATTESTED: JANUARY 04, 2005 Atm:Bran olio Safeco Insurance Company of America JOHN SWEETEN, Clerk of the Board of Supervisors and 330 North Bran Blvd.,Suite 1000 County Administrator Glendale,CA 91203 Atm:Patricia H.Brebner Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 By /' '" Deputy Attn:Patricia H.Breloner —r RESOLUTION NO.2005/ 28 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08780, being developed by Lennar Homes of California, Inc., San Ramon(Dougherty Valley) area. (District III) DATE: January 4, 2005 PAGE: 2 A. Cash Band Performance amount: $11,870.00 Auditor's Deposit Permit No. 433047 Date: October 18, 2004 Submitted by: Lennar Homes of California, Inc. Tax ID Number: 934223261 B. Surety Bond Bond Company: Safeco Insurance Company of America Band Number: 6243526 Date: October 6, 2004 Performance Amount: $1,175,130.00 Labor&Materials Amount: $593,500.00 Principal: Lennar Homes of California, Inc. 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 Submitted by: 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. 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Et' ;f.sztls 6099 NOISIAI(Jens �1d o .S 49tr.i ��� � .se•a s�t��.r, 2 d` �' ${ �� ,00.81 4d•Bt �j ,91'89 3,9*.1x 09N # } # ul d w n F— z cc r- # 39A3VA3 'Wot ttI 04 { $9 00'94 # 30Sdf X45 # 3 9t,iZ08N C7 3.94,tx.M LAJ Lo 9 19r,1x.t18NI Do g t' to Y r• i� �, ; ED j 9L'OL 00'9L j Q# Q i 30.1UMN 3 fli.tx09N ( ce w � c3s 3TS/3efXSL ,00 fi� 6OU � j 3,9t,iZ 09N Ad'SL ( # 3.Bt,1x.09N i t # tC► [14 ' t�J j 2 j tG1 m " ty Ln j r 315/3di/3fd,00'8 .00';t t t ; 3 94.tx J9N 3„8t,tx.08N ! ! co QD m Ln 00 5L js{ F 3.9t,tZ 08N 3.94.tZ009NN # t r�3 O's t m r LO # � 4 to 00 St 3x9Y,iZQBN j j 3.84.ixm w TO 9 133HS '33S SUBDIVISION AGREEMENT (Gov,Code,§§66462 and 66463) Subdivision: Effective Dater Subdivider. t Arc tibCir CAL4PCVZ10iA1, 1114C. _ Completion Pariod: THESE SIGNATURES ATTEST TO THE PARTIES'ACRE MENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Puta&c Works Director By: * Print Name p1f IAMM RECOMMENDED F A OVAL: Print Title By. _, � ,f i t sem .. 6. Pant Naia spwjl" Engineering rvices DiviallorV PrintTtde Jr y FORM APPROVED; SiNano&Marchesi,County Counsel Nf CTE:Allsignatures musttia acknt rriedged.if Subdivider is incorparatsd,cite cot Tact must be signed by two off'�ars.The Frrs#sgnatura must ba that of the chairman o€the board,president,or vice-president;the second signature must ba That of 1#ia secretary, assistantseae#ary,c#tlef firranclal oftk;er,or assistant treasurer,(Civ,Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ss. County of ) On the date writion below,before me,the undersigned Notary Public,persona#y appeared the persons)signing above for personally known to me(or proved to me on the basis Of satisfactory evidence)to be the person(s)whose names)Mare subscribed to the within Instrument and acknowledged to me that hadshetthey executed the same in histherlfhek authorized capacity(ies),and that by hislhentheir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted, executed the Instrument WITNESS my hand and official seal. Dated: ..Notary PublE (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENT$.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,Including future amendments thereto (herainaller°Ordinance Code). Subd{vldershall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,%66410 at seq.)in a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict anxong the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMEN78 SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and ft County Ordinance Code,provide as security to the County. A. For Performance a dU„,GGuarantee:$ )k,EI ). cash,plus additional security,in the amount of at i5,t which together total one hundred percent(Ilio%)of the esflmated cos#of the Work. Such additional sor, *is presented in the form of: Cash,corded check or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdividarguarantses performance underthisAgreementand maintenance of the Work forone yearafter its completion and acceptance againstany defective workmanship or materials or any unsatisfactory performance. B, For P_ ayment Security in the amount:$ 59S rvM.V -which is fifty percent(50°x)of the estimated cost of the Work.Such security is presented in the form of. Cash,corded check,or cashlor's check X Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.91031 Page 1 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of (�t -x-rA On b=£>60_:'A i( c1CV'4 before me, Date '%rna and Tule of Ofticsr(s g�Jsena Dos Notary Public") Personally appeareds � '. � ;,t, r' L tr '•3~ "fl Namais of Signar(s) 5 P(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ifs/are subscribed to the within instrument and KAREN L.WENA#t acknowledged to me that is e/they executed Caron R 137St7 the same in hisilher/their authorized : Notary Pty - CarN omx capacity(ies), and that by *_%Pier/their s' Contro Costa Countysignatures) on the instrument the person(s), or My Comm.£xPires Cot 7,2006 r tete entity upon behalf of which the person(s) acted, executed the instrument. W€TNESmy hand a off' mal seal. 16 i Signature of,olry Pubiic �q f y OPTIONAL Though the information,below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of document: Document Date: Number of Pages: x Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here c ❑ Corporate Officer—Title(s): __1 Partner---❑ Limited ❑General J Attorney-in-Fact ❑ Trustee v F Guardian or Conservator ❑ Other: P Signer Is Representing: �'._:���.�� •-�,.• .� ._.:�,-�.^`-���,•-.. ..,„ _ �:` > ��,-�� �.��._. ,:ate ,.: � _. ����..�,? C 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 95353-2402•vnvw nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 7.800-878-5827 .. . ....... ....... _ 1111 _ 11 ....... . . . . .-�.�,. COUNTY dF ONTR#CC►S �.__" OFFKEOFC`t�UNTY'" E1E Tfl CCC ITK i4LEF 4., TCS TR1+k5�RER1. I hAItiR,'�NEZ;CAL�RNIA # RECEIVED: } 4r l F 3.- _ _ I 1. 1u..�._ TAS. �- Jkl .11 F I x . 11 } jr{.W. f94" k , f" T x r I s!`s,^.r ...cs ,� .1.�;" ^".I 11 ,b '.µ'' .r t�: # d ' s"`-f-✓t G, 7 w #+ r Y ,`" u f .?�.�` t." g `�.. a°+r2'_-• 7f. c� .r 'G.T ,t;p {.. 1 . t" +, 1 1 11 'Y' ..x,o x +3 <?' "Y f. p. '-- *,ski'h ` '' i i.f.,fi; .s s ..-.f /7 (r"`;�`^'`3 f. 'y+5` ": I :i"1 2: s.. as fffF ? L,.yF s`'"'" ,d',.: :.< $ �''g' ' �. :lf. < Jlir ' : y a NEW 1� ,G i-_r P� :_ _..N"' `t'°' '.f^^'. _I :"�" .✓"r'-d t .f" �+'f:.f `" t .*h` + A .`.` t. �, .� I. V``�^Y�:.ice i' C. .p!'. #' 1 ¢ , t .� f 1.11 �. i f11 I r i, 111 � :: 11 t p j EJP If N: 1. A'dTA [. DIP �ocat11 s.cf the fi©11�wresg_it�r{ts $. ' ,11 'fir �. f " ' "*y.rr r1�", GQIlirsCUt �iCY:' �. 11 111- 1 I +ia't = _ t� " L 711 .11 11 I�AtJE11Ft 111016P- ,'""' 1" .. I us�:o11 Ni 1. �111 � 1.� >. ' rtr L� : . .r 1. The: punt of.money d�svikae .soh #s ftar1. Fria1. �f a o1.mour sis appraved` '"of pisco tsrr wnt S ter ifs" crursF FretcsuFy "Ill ac c€ 1. 111 , � yyit�"F "` N "YyI.J, .'C . F!l :: ;s I — i i _ * Sj" " .. .1 m Ftt16:�11 � j ,g EXT � ? �Trues m iJ-3d REY'(X-93 , d 11 � I I I ,klxTSP P . 649-9665/ 881000: 61140486, $27.850.00, RA1170, Greystone Homes (for Lennar Homes), Bay Area Division, 3130 Crow Canyon Place, Ste 300, San Ramon, Ca. 94583 819800-0800: 01140488, $11,870.00, Sub 8780, Greystone Hames (for Lennar Homes), Bay Area Division, 3130 Crow Canyon Place, Ste 300, San Ramon, Ca. 94583 649-9665/ 831000: 61140491, $56,920.00, Sub 8780, Greystone Homes )for Lennar Hames), Bay Area Division, 3130 Craw Canyon Place, Ste 800, San Ramon, Ca. 94583 0649-9665 / 88Q00: 61140496, $500.00, R52951, Jose L. Reynoso, 108 Augustine Dr., Martinez, Ca. 94553 0649-9665 / 831000: 61140497, $500.00, 852952, Eric M. Ryer, 5240 Mount Alifan Dr., San Diego, Ca. 92111 Subdivision: SUB 9780 Band No.: _ 624U26 Premium: $5,876.00 Executed in Duplicate IMPROVEMENT SECURITY$per} FOR SU13DMSI rN AGRErmxNT (Performance, Guarantee and Payment) (California Government Code 66499 -66499.10) I. RECITAL OF SUsrrtvrsm Acu.EEmENT. 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, 5780 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions:for filing of a final map or parcel map for said subdivisions. 2. OBLIGATION: Lennar Homes of California,Inc, as principal and an e Com-pany gf -Amegric& , a corporation organized and existing under the taws sof the State of Washington and authorized to transact surety business in California., as surety, hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Million One Hundred Seven Five Thousand One Hundred Thirty and 001100 Dollars(S __ �17 213t3.00 }f or ContraCosta.County or any city assignee under the above County Subdivision,Agreement. B. Payment: Five Hundred Ninety Three Thousand Five Hundred and 00/100 Dollars (S 593.500.00 ) to secure the claims to which reference is made in 'Title XV (commencing with Section 308.2) of Dart 4 of Division SII of the Civil Cade of the State, of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe 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 skull became null and void;otherwise it shall be and remain in fail force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable casts,expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa(or city assignee)In successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 8. 2004 before me, Dina Prints, personally appeared Marc Chasman, 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 rimy hand and official seal. _ `�/ tom" '} s Co rmiwsiort# 11463610 e� — .�ri7a✓ fad. }{ Via# f Pu3a Catitotnfa 0,ange County f iviy comm.Fx� 0s Nov 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: Senior Vice President Lennar Homes of California,.Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 6243526 Number of Pages: Two (2 Date of Document: October 6, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALIO,-PURPOSE A IOWLEDGMENT No.5907 State of California County of grange On October 6, 2004 before me, Ashley K.Ward,Notary Public > DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner = NAME(S)OF SIGNER(S) personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sKti WARDsignatures) on the instrument the person(s), or the entity upon _ � a� omInrss€c:n# 1483685 behalf of which the person(s) acted, executed the instrument. N Mary Public-California M rs. €res Apr .2 os WITNESS my hand and official seal. V1.1 � 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 Fj ATTORNEY-IN-FACT [] TRUSTEE(S) El GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.,P.O.Box 784-Canoga ParR,CA 91309-7184 POWER SAFECOINSURANCE COMPANY OF EA S A F E C GENERAL INSURACE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98195 No. 9675 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint **«*******RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANE'ITPE MART LLA-MYERS; MUCH PARI2INO;.TAMES A.SCHALLER;ALEXIS BRIAN;LEIGH MCDONOUGH,Costa Mesa Its true and#awful attorney(s)-in-fact,with full authority to exp on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business,and to bind the respective company thereby, IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY Of AMERICA have each executed and attested these presents this loth day of January 2002 + .. tom A,� t C,&-,R.A.PGAVK, PERSON,SECRETARY MIKE M ICPRISfDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13. -FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant vice President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint individuals as attomsys-in fact or under other appropriate titles with authority to execute on behalf of the company f€det€ty and surety bonds and other documents of similar character Issued by the company In the course of Its business...On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or In any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970, "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (€) The provisions of Article V,Section 13 of the By-Laws,and (11) A copy of the power-of-attomey appointment,executed pursuant thereto,and (II€) Certifying that said power-of-attomey appointment Is In full force and effect, Bae signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." !,R.A.Pierson,S'paetary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th day of October 2004 CWnM SEAL SEAL. O R.A.PIERSON,SECRETARY 54087418AEF 2101 0 A mgiatered trademark of SAFECO Corporation 1110M2 POF one-of OAFW Mp RO .I Wi , sur= :.. , 000 b °d 1 P d.Swop OMI* imoor.00 U 1 " y hot' t4 fdghul4r�lri SUtt of;: fokt9 dodo A b1 to old', the insu rr,,—O.company P. I m tl bath. fh-i��A Q. bt a 1 f tic :ba tats( of 04 loses to-bo 000 N 1,#slur 's for ce0s,0 a# of -torrbKO., Lb goon pm or all of y r O6:Ods m i bU O "tlo is. OO: lb, i).W a• SM •.YT Y+t�'4ST ',!,4 �. P.M 52] iM/I 7w/.Of him•;i0f €sit y kip At at trr t f tP 6id ar are : (Irpb1 rum bf law. ~ .7 elf VOID AFTER 12131/04 1113/04 FATCO$42 -94*3 Tax Collector's{office William J.Pollacek 625 Court Street Contra county Treasurer-Tax Collector Finance Building, Room 100 P.0. Box 631 Costa Russell V.Watts Martinez,California 94553- *w. a chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Count`/ Joslyn Mitchell (925)646-4135 FAX '"77 Tax Operations Supervisor o- Date: 11/3/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE. OPEN FOR COLLECTION (R&T CODE 2808) THIS LETTER IS VOID. This Will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# Citr T.R.A. 8780 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 9915 Act Bond, the original principal to calculate a segregation is Brad Mills of Muni Financial at 800-755-5864 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 band 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-Ta C Hector Sy. 47, t t1` RIDER To be attached to and form part of: Bond Number 240041.81 dated 8/2012004 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 DATE_ 4 Tract 8776,Windemere BAND REVIEWD AND APPROVEDTract 8777,Windemere CONTRA COSTA COI1N'l'�• 'Tract 8778,Windemere ,� Tract 8779,Windemere B w° 4y `Tract 8780,Windemere � It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 4th day of November,2004 . Signed, Sealed&Dated this 4th day of November,2004 . WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Manaember By: .6�/' ging M (Principal) David Evans, Vice President LIBERTY?MUTUAL INSURANCE COMPANY(Surety) By: f L ("I-" (,TL� ---- Rhonda C.Abel,Attorney-in-Fact C,tLIFORNIA ALL-PURPOSE AC 1OAV,LE GEMEN : .. 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. ill, es Nov 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) 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 Y KK..r.WARDbehalf of which the person(s) acted, executed the instrument. :-` Commission jo i 4836&S z Notary Public -California Orange County My Comm.Expires Apr 16,2008 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ 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-4087tGEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 THIS POWER OF ATTORNEY IS NOT VALID L,tLESS 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 1 the extent herein stated. i 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 i RHONDA C.ABEL,NANETTE MARIELLA-MYERS,JAMES A. SCHALLER,JANE KEPNER, MICHAEL D. PARIZINO, JERI APODACA, PATRICIA H.BREBNER,LEIGH MCOONOUGH,ALEXIS H.BRYAN,RACHI LLE RHEAULT,ALL OF THE j 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,sea[, acknowledge and deliver,for and on its behalf as surety and as its act and deed,anyand all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding 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 i Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xill-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such 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, III execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such Z3 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 O signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be 4) i 4) as binding as if signed by the president and attested by the secretary. sa 00 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .L ,tt C 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 attomeys-in-tact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and C ; 77 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Q 03 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. '0 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of i E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January ,o 2004 _ c� O�2 LIBERTY MUTUAL INSURANCE COMPANY 00 13Y i6a= 0 Garnet W.Elliott,Assistant Secretary 4) COMMONWEALTH OF PENNSYLVANIA ss °w 0(4 COUNTY OF MONTGOMERY �� �.. C t: 0 On this 22nd day of January 2004 , before me,a Notary Public, personally came Garnet W. Elliott,to me known,and acknowledged 0-5 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 I 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 A IN TESTIMONY i unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 0 first above written. aNlgr *� > L q X lrsiat;a, e i `�y Tr€sva Faa�!N No y { OF I f't{ir:cuftaT ;s fi.�rrrcf e}L s,nty y �CD Z B k1y C:u:x n.s I,s,exp re �fias -Li c'U9v 0 Tersa Pasteila,Notary tv emoes,F'c, +5yhrrini: nsa Minn f Na rzr e*� ry Pu bl'tC CERTIFICATE Ry t� t 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 aftorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual 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 affect as though manuaiiy affixed ti�TESTtMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seat of the said company,this 4th day of ovem er 2004 By , Diivi6 M.Carey,AssWtgFt 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. LNHC-6539 2/43