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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-724 TME BOARD OF SUPERVISORS OfCONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 724 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8712,being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District M) The following documents were presented for Board approval this date: I. :Map The final map of Subdivision 8712,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. H. 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. I hereby certify that this is a true and correct copy of an action Originator.Public Works(Es) taken and entered on the minutes of the Board of Supervisors Contaet: Teri Rie(313-2363) on the tate shown. LT:rm G:\CrrpData\FmgSvc\BO\2003112-02-03\SD 8712 DO-21.doc ec: Public Works--T.Sell,Constion 1.Gray,Engineering Services Current Planning,Community Development ATTESTED: DECEMBER 02, 2003 ,2004 Windemere BLC Land Company,L.L.C. JOHN SWEETEN,Clerk of the Board of Supervisors and Windemere Brian Olin County Administrator 33130 Crow Canyon Place,#310 San Ramon,CA 94583 Liberty Mutual Insurance Company Patricia H.Srebner 505 S.Main Street,suite 830 By ,Deputy Orange,CA 92668 RESOLUTION NO.2003/ 724 k SUBJECT: Approval of the Final Map ASubdivision Agreement for Subdivision 8712, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 2, 2403 PAGE: 2 A. Cash Bond Performance amount: $12,900.00 Auditor's Deposit Permit No. 408869 Date: July 17, 2003 Submitted by: Windemere BLC Land Company,L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Letter of Credit: 2400 6467 Date: July 7,2003 Performance Amount: $1,273,100.00 Labor&Materials Amount: $643,000.00 Principal: Windemere BLC Land Company, L.L.C. Ill. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County takes heretofore levied on the property included in said map. The 2003-2004 tax lien has been paid in full and the supplemental tax lien,is estimated to be$0. 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. RESOLUrION NO. 2003/724 cr S . � JOH Im � 1 � � LIJ M � rx < ` .S Na Y lop � y boo CL < glgNaFr, w �3 mg ll. am_ m m � m_ m am_ Air, 4 q' Q annp iw P � .� < M -619 1L ,. ri ,,! ; y r gx ; �M M 9w wi-p � < ast � m OMOtl At _ Y5 CIA* ot Y w v _ sit co r 7-1 St o Vitta n_ P Ail ** acs 1 RNA � ry �� HM dry :7 Co ~ V) ego m o wj cz33 ms 1 I c 0 m No gy, ro � nY,• tvlo "h entel•.• vr• u�• in7rs IM- 1 l Seo t ®� SA 5�o� v "a t Si i `P7 G rw p n pm ZOu� 5a U Ow Cc W � ..fir. 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Effective Date: Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY pRINCIPAL A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member BY:Lennar Hones of California,Inc., Managing Member By: ,r (signature) RECOMMENDED FOR APPROVAL (print name&Tttle) D n Larson,Vice President By: (signatu Engineering Services Disi n (print namt mt e) L iJochm,ASecretary iv FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" un "and the above-mentioned En LnLiRAL mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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 by the Conditions of Approval for this development and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance a_r► Guaran : $ 12.900,00 cash,plus additional security,in the.amount:$ 1.273.100.00 which together total one hundred percent(100616)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. r Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and • agceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:S 643,00H.0 which is fifty percent(50°16)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier`s check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORD. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may be necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemniti s benefited and protected by this promise are County and County's special districts,elective and appointive boards, commissions,officers,agents and employees. B. The liabilitie protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing lia ility are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9, : Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. I I. NON-EE81.ORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. +'12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RLIDAscilm G:TnVDrt&\Engsvc\Fomz%AG woxMAG•30.dcc Rev. Omber 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of l OPTIONAL SECTION County of CAPACITY CLAIMER BY SIGNER On before me, Though statute does not require the Notary to fill in DA N F OFFICE E. E,NO h L C^ the data below,doing so may prove invaluable to persona li a sere {`1 ��y ('�( i I \ persons relying on the document. Y pp ` NA (S}OF GNER(S} [7 INDIVIDUAL personalty known to me- to 11 CORPORATE OFFICER(5 ) be the person(s)whose names)is'/are TITLE(s) subscribed to the within instrument and acknowledged to me thatAekhehhey executed ❑ PARTNER(S) ❑ LIMITED T.AUSTIN the same in 4 their authorized ❑ GENERAL capacity(ies),and that by b4s4 r/their ❑ ATTt RNEY•IN-FACT Commission# 137$739 signature(s)on the instrument the person(s)or ❑ TRUSTEE(S) EoNotary Public - California the entity upon behalf of which the persons) ❑ TRUSTEGUARDIANlCC)NSERVATOR Contra Costa County acted,executed the instrument. ❑ OTHER: y Comm.Expires Oct 7, and and offi 'al seal, SIGNER IS REPRESENTING: I NAME OF PERSONS)OR ENT]TY(IES)) 1113NATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)tither Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be exactly as it is typed or printed. II. SIGNATURE5FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must she state III. SIGNATURES FOR PARTNN RSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign or andtend tFre partnership, IV. IS GNATURE CORP RATIONS Documents should a signet by two officers,one from each of the following two groups: t GROUP 1. a)The Chair of the Board bThe President c Any Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer ' d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the personsi ning the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will su ice, Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." X:mw GAOrpDsts\En$Svc\FormsIWORD FORMSVU PURPOSE NOTARY.doe Rev.August 1,2001 COUNTY OF CONTRA COSTA L` DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA v TO THE TREASURER. RECEIVED FROM ORGANIZATION NUMBER (Ear Cash Collection Procedures see County Administrator's Bulletin 103.) DESCRIPTION FUND/ORGL CULT TASK OPTION ACTIVITY AMOUNT $ A%L�o l 1 � � ' ► qff , 9 I ° 91.5 i rf,� 50 1100 I q 9931k64 q L::� 000 �i t 1t I t 06Al JA 0616W 91,16 t t EMANATION:,,. , JJ TOTAL $ i .+ � 1 � DEPOSIT r ;CKS, consists of the following I- 1 r4010L. ' aaxf CURRENCY $ MC!ETC $ e $ ,.,i1 _ (kl, _Stl__ ." , � 6 Y�3 7---, 1, r ;P,77 FORA DEEPOO�-C`ONTRC7LLER USE l)NLY PERMIT D NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into°"the,County Treasury. acknowledged. rCC L`.t.G to 7c r Signed; Si' EXT. `t De aunty Audit2j County Treasurer COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ` - ` MARTINEZ,CALIFORNIA r' TO THE TREASURER: , RECEIVED FROM r" ORGANIZATION NUMBER (Far Cosh Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTIONFUNDJORG. �� TASK TION ACTIVITY AMOUNT $ t t r r r r t t r . t t r t r . r t r t i r t r 1 t r 1 E I r r t r r EXPLANkTION: TOTAL $ DEPOSIT Deposit Cor of the following items COIN and CURB 5 - -- - CHECKS,MLO,ETC. BANK DEPOSITS 3 FOR AUDITOR-CONTROLLER USE Oh{L PST DP < NUMBER f DATEA"QNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above omau " hereby dep} into'n,ptoo the County Treasury. �j_ ociawwledged. r t{ t:E j..�, ,;_(,. 61 . //�� Signed. Ti � 6� L.f __ EXT. f d Dep, 'C ty Auditor Deputy County Troosurar 0A REV.(7-93) Iti 0648-9140 / 812100: G1116868, $1,804.00, MS 21-93 Drainage Mitigation Fee (Green Valley Creep), Diablo Valley Estate Company,L.LC, 101 Ygnacio Valley Rd, Ste 330, Walnut Creep, CA 94596 0649-9665 / 831000: G1116871, $9,020.00, DG0015, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Pond 6, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 0649-9665 / 831000: G1116872, $14 780.OU, DG 0025, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds 7&8, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 819800-0800: G1116869, $1, 100.00, Sub 8531, Cash Bond for Landscaping, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: G1116870, $2,905.00, Sub 8531, Cash Bond, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: G1116873, $64,500.00, RA1142, Performance Cash Bond (civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 819800-0800: G1116880, $10.100.00, Sub 8713, Performance Cash Bond (civil), Windemere Phase II Village 21, Windemere BLC LLC, 3130 Crow Canyon PI, ##310, San Ramon, CA 94583 819800-0800: G1116884, $15,200.00, Sub 8714, Performance Cash Bond (civil), Windemere Phase II Village 22, Windemere BLC LLC, 3130 Crow Canyon PI, #'310, flan Ramon;CA 94583 819800-0800: G1116888, $16,400.00, Sub 8715, Performance Cash Bond (civil), Windemere Phase II Village 23, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 Executed in Duplicate Subdivision: StJB 8712 bond No.: 2400 6467 Premium: $12,731.00 1WROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Government Cade §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREF-WiNT. The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8712 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for ,filing of a final trap or parcel reap for said subdivision. 2. OBLIGATION: "Windermere B C Land Company,L.L.C. as principal and Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massaehugetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Centra Costa, California to pay as follows: A. Performaace and Guarantee: One M llion wo Hundred SevenEy Three Thousand One Hundred Dollars ($ 1,273.100.00 )for Centra Costa County]or any city assignee under the above County Subdivision Agreement_ B. Paymeat: Six Hundred FoEn 1hree ThousAnd Dollars ($ ¢43&0-0.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division 111 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 Brialy 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 Costal (or city assignee) its officers,agents and employees,as therein stipulated, then this obligation shall become null and void; otherwise it shall be acid 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 casts, 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,v taxed as costs azid included in any judgement rendered. 8. The condition of this obligation, as to Section (2.$.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers, material men and other persons employed in the perform nct� of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind,or for arnounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay tate 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 atforney's fees, incurred by the County of Centra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons,companies.and corporations entitled to file claims under Title 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 suit brought upon this bond. Should the work under conditions of this gond 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 givers to snake such alteration without fiuther natio'To or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. S NED AND SF-,%LED on July 7, 2003 WINDEMERE BLC LAND COMPANY, LLC By: Lerinar Homes of California, Inc. PRINCIPAL: its manager SURETY: LIBERTY MUTUAL INSURANCE COMPANY Address: 3130 Craw Can on Su to 300 Address: 505 S. Main Street, Suite 830 City. San Rambn Li 4583 City: Oral CA Z16- 92668 By: By: ,! Print Name: I.aWrerlce H. Thompmen' Print.Name: Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact J!).iux.tc� G'4"0XQ'&WS1rC%F0 t SN W{}PMbN-12aoc Iter Jury 1.2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 8, 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized 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. -; X Orange CourrtY My Comm.EcpiresAprlb,2 4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer--Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 2400 6467 Number of Pages: Two (2) Date of Document. July,7 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE Af 'OWLEDGMENT No.5907 State of California County of Orange On July 7, 2003 before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E.G..`JANE DOE,NOTARY PUBLIC' personally appeared Patricia H.Brebner s NAME(S)OF SIGNER(S) personally known to me-OR- D 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(les), 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. WITNESS my hand and official seal. ,- RHCNDA C.ABEL ► 0COME.(.#t3]2777 SIGNATURE OF NOTARY NOTARY PUBLIC-CAUFORNIA ORANGE COUNTY 0 COMM.EXP.AUG.9,2(105 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 ATTORNEY-IN-FACT GENERAL TRUSTEE(S) [� GUARDIANICONSERVATOR NUMBER OF PAGES " C] OTHER. SIGNER IS REPRESENTING: DATE OF DOCUMENT } NAME OF PERSON(S).OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087/GEEF 2198 01998 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 THIS POWER OF ATTORNEY IS NOT VALID i.ESS IT IS PRINTED ON RED BACKGROUND. 1223773 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 extant herein stated. LIBERTY MUTWAL INSURANCE COMPANY" _1 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,NANETTE MARIEL A-INNERS,JAMES A.SCHALLER,JANE KEPNER,MICHAEL D.PARI`LINO, JERI APODACA,LINDA ENRIGHT,PATRICIA H.ORESNER LEIGH MCDONOUGH,ALEXIS H BRYAN,ALL OF THE CITY OF IRVINE,STATE OF CALIFORNIA ... ...:: ...... ,........... . ............ ..........r......................«, ........µ .... .................. each Individually If there be more:than one named,Its true,and lawful attorney-In-fact to make,execute,seat,acknowledge and deliver,for and on Its behalf as surety and as Its act and dead any.and all undertakin s bonds*#*eoognizances and other surety obligga�tion,In the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE MILLION AND 001100* DOLLARS{$ 175,000,000.OD }each,and the execution of such undertakings, bonds, recogrilzances 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 authiirity of the following By-laver and Authorization, ARTICLE XIII-Execution of Contracts:Section 5.Surety Elonds and Under akings. 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,shalt appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, :;4 execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizance$ and other surety obligations. Such 'o attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. fA By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: Pursuant to Article X€11, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby tT 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. iA gt That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. �W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting,Pennsylvania this 19th day of March • LIBERTY MUTUAL INSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA ss '" Garnet W.Elliott,Assistant Secretary M COUNTY OF MONTGOMERY O On this 1-9thL day of Marc) ,before me,a Notary Public,personally came Gamer W. Elliott.to me known, and acknowledged ` -C 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 ' Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. aI IN TESTIMONY WH nto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. CkN.i3r t° s 1 C> 7i aitella,Haat astaifa Notary pWik {)F wp.,Montgonwry 0ount}. fi IM:Pyiii, Jn Exoras Mar.2$ 04 BY Member. rmsyfanla getn ot Ter sa P asialia,Notary Publlp:. ,. CERTIFICATE hY _ 1,the undersigned,Assistan retary of Liberty Mutual insurance Company,do hereby certify that the original po*sr..of attorney of which the foregoing Is a full,true and correct copy,is In U foicb and effect on the,date of this Certificate,and,I_do further certify that ths,officer or official who executed the said power of attorney Is an Assistant S re'tary specialty authorized byJhe chairman or tk a president to appoint atforneys-In-fact as provided In ArticleXIiI,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,1880. 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. iN TESTIMONYWHEREOF,I havhereunto subscribed my name and affixed the corporate seal of the said company,this 7th day of ;� u Y DavI6 M.Carey,Ass 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 ($17.40). 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 . . .._.., 11/6/0'1 PATCO$27 8712 Tax Collector's Office % •n J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 / '' Rustell if Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Cate: 11/5/2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8712 SAN RAMON 66383 Parcel#: 223-100-036-3 223-100-036-1 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 supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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. WILLIAM J. POLLACEK, Treasurer-Talx Collector By: 4�kk