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RESOLUTIONS - 01012005 - 2005-508
"THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on.August 9, 2005,by the following vote: AYES SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: ' NONE' ABSENT: NONE ABSTAIN: NONE SUBJECT: Approving the Final Map'and Subdivision Agreement for Subdivision 05-08927,. 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: 1. Map The final map of;Subdivision 05-08927, 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 Widerere 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 Warks{ES) I hereby certify ��that this is a'true and correct co of an action' ; Contact: Teri Ric(313.2363) taken and entered on the minutes of the Board of Supervisors LT.rm 0-.\GrpData\EngSvcW\'2005\08-09VSD 05-08927$0.21.doc on the date shown. cc: Public Works-T.Bell,,Construction Current Planning,Community Development T-June 9,24006 Windemere BLC Lana.Company.LLC. ATTESTED:> AUGUST 09, 2005 Atm:Briars olio 6121 Bollinger Canyon Road,#500 JOHN SWEETEN,Clerk of the Hoard of,Supervisors and San Ramon,CA 94583 County Administrator Arch Insurance Company 135 N.Los Robles Ave,9825 Pasadena,CA 91101 Atm:Rhonda C.Abel Arch Insurance Company By _ ,Deputy, 135 M Los Robles Ave.,#825 Pasadena,CA 91101 Atm:George Munana RESOLUTION NO.2005/ 508'' SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08927,` being developed by Windemere'BLC Land Company,L.L.C., San Ramon (.Dougherty Valley) area. (District 111) DATE: August 9, 2005 PAGE: 2 A. Cash'Bond Performance amount: $16,900;00 Auditor's Deposit Permit No. 448426 Date: July 21,2005 Submitted.by: Wndemere BLC Lana Company, L.L.C. Tax ID Number 94-329-15-16 B. Surety Band Bond Company: Arch Insurance Company Bond Number: SU 5015799 Date: July 11, 2005 Performance Amount: $1,676,100.00 Labor&Materials Amount: $846,500.00 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 snap and that the 2004-2005 tax lien has been paid in full and the 2005-2005 tax lien,which became a lien on the first day of January 2005, is estimated to be $4,203,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Arch Insurance Company Bond Number: SU5015816 Date: July 20, 2005 Amount: $4,203,600.00 Principal: Windermere 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 dries 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 N0. 2005/508 F i�pU Q HAW i'l �, E� gVRI iN rs .54 b Q 6 t71 0 t4O N 2 tl! z t4}}afar zCJ = z ' N V C`s if gE a x 15 Ca r fit!WL5 2, I >� m 23 it R g,5 m Ma IR +tel �C.1 '�'�` .F _ O N Cl y O qy. j° ' t31 co Ta �V+� 1,.} d sC 1'SJ JVA �W�+ ttaai� V;J Y' to rimfly t" V• S:.i�d Y:-r O dN C� 6 ,.. nilgi dx� (J r , �yyy tt' F5 M* iOtj �N POA la fit,g « W } w.�4„ rj a �;, MgW2LS� : "C t/f t a u " � t� N T1 0 it w t ; sY ta it • �"' ;n+ ,'� l �'�Kd:; ax ��. '�`��d'.a.�°,.��'�3` fid. ' .� �+ ����a�",.r..p'r Nit d.w T..' { r ...{ CD u` Yn GS tl i co grztz >r 5t'UT t3 n< ` + th rte•• '-' IWO Yi-Aa,SZ'19 iW � 3.t0,kt It "3 13MMU GMUM13 5 a is �ry �r � ) t6,99Z 8.«Zk,Sk.ZyN 4.L1'0 Y6 +n r m � b;z Y4 eg 1 a' 6OGe NOISI 1 Gene e c 107 z Z5 cm 14MA �.,,�;i�t w}eg,z d �{e�+'�y3i r[5•�t�t u�i^moi LLJ Y r I �V m. ( Qr O.: r �,i]N {{l h#•:. 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Rt ': N 6t,Lt,6>ry f wry M^ oi `- - 01--W J W t 3.4£ S£L£k i ;00'9f r +Z£B9'3 t£,5£.L£N C. i.. z z z £4'6ti W N29'2 4"E. �' �.4qt ptl'14 �j1. 16.,. ._ ......__.. z 5�3< p ,.rin(ro.. tl 9,94£' 9DM 5040.' .6,590cc co $ ;y^a 71.29 jj"h 4,99 ° *9% •— .�'h' :r v 'v' z m 10'OZZt�g90 0.15'05 26^ 4 ✓ypl�' "v9ti� b "� L w r m m {1},58'9&-3,Z1,SOZtNig R-262.1J4 --@, 'd;,Zi,SRI#N ,.. N33'03'35"E 96.5a'(ld-10.) '��,\� "Lh f',L�: Lr�`1 d .t..•�c'. ,�ti'4 &iv-�, i.^�cr° o'v�:r h-'��' {ll00' L> 3425 LxSO� rl C1 dl'ZOZ 3.Zd51Z4N p.a8�SQ25 ��5a,t 117 ��'L CC) <�n`.�v�ii`'`v Q[}.. 'r kyr � L” cuY bs # i "' + fes+k`''+On g tl) #aCi $r p4 C 2 S$$8$ 22,19'. (1},k69S 3.Z1, S a0 63.81' 51Z#NN31"403 6 7s a3 v 3 ei G Ti 2s s v t m°«fi m ' rtr 06 -a ' " 6 54" L X13' N71� -7 ' cv �' - its y�i g t+} .tu ev 53zg z <' V ✓GK'S ZZ3 M _77, W 0 A ppPit�68!'5t1'4B"W[[ 19R`}tvtJ 4t� NM"42' NR J �a\1 N72.33�� R L, 84.09` t466'6i'48�'Wi66.�iC�M iii of v CC)Lai � ai W 466'51'48`W 150.28'T1,1.1 + y4•r�ys e M 60,00 `o {/ � $8,62' a19L '4B"W B0.00I � ` Z t N6651'4B" N66VW UD Bfi�w4y9 x N66',1'4 W ""e"�`'I it d Z I H66'51'46°W 66.00' l I4 86.36' �TMy YN?,O�ww`m co. 01 YY rt eF O N!~�M t7 w`M+iry �p ILLS i .. 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', SURDIVIS104AGREEi4fEllT (Gov.Code,§§66462 and 66463) Subdivision: SUS O� ©�� �#�#LiA4la t h F. ative me Subdivider, t Lir,.t kNt+ CAJ,A PA t4Y .LUti Completion Period: 2 YM Q� THESE sIGN4TURES ATTEST TO'tHE PARTIES'AGREEMENT HERETO; WINi3EM R E 9LC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER By:LEN-OBS Windcmere,LLC, MaudceM,Sffi h P flcWorksOireotor N Delaware limited liability co any aaging ember sy; h•- *S enna orne4 of alifo i }IncAs ., RECOMNENCIED FQQA:PW - (sign _ ' (print name; tt } tri maker,Asst Secretary (signature} By FIN (print name;&HMJ Iron arson,Vice Piesident Engineeringbetv t}RM APPRt3VliLI: SUuanct tvlarchesl,County Corms N(__fJTE Allstgnaluu res rrstatbe prrroarladecl,if Subdlvltler!s lnecrpbrdted,the rt must signed by two offioara,Tho ark sigttatu€s Hurst be Brat��d�takman�#ha board."president,orvk,�-prestdenG ilia 9�bnd aigttatura moat ba drat bf the sebFl3tary, assistantseaeta dtrfeffinandaloftk:er,dxasst$fanttr�asur��(C3v.Coda,§#t9tland Cwpe,'Code,§3�3.) CERTIFICATE OF ACiU#CSWt EpGIviENT State of California } as. County of On the datewrittan balow,before z fig undersigned Notary Public,parsonaltyappeared thapetson(a)signing above for personally known to me{orproved to me on the basis ofsawactoryevkfer")to bethe pstsct s)whose name(s)isfare subscribed to the wit Inatrttmant anti ackriow Aged to me fhathelsita" executed the same in hialherftheir auU;orized capacity(les),and that by hWhadtheir signature(s)on the tnstnrment the person(s),or the entity upon behalf of which the pemon(s)acted, executed tie Instrument. WITNESS my hand and official seal: Dated: Notary PublE (notary Seal I. f36RTIES&€SATE.Eflactive on the above date,the County of CoM Costs,California,(hereinafter'CouW)and the above-mentlened Subdividermutuallypromise andagme as Blows concerning this Subdivisl}n: 2. ImEag E aTS.Subdivide ragress to instal certakr road krgtroveneents(both pubiicand pdvale}drainage Improvements,signs,streatlfghts.Ore hydrants,landscaping and such other Improvements(including appurtenantequipma»Q as mq*W in the Improvementplans for this Subdivision iea as reviewed and on lie the Contra Coen aunty public Works Department, required by the endillbns of tpproval for this Stdx#arlsion,ander conk m once with t e Contra Costa County Coda,Inclucling.future amendments Uterabo (heereinafter'Ordinartc Code"), Sutrdlvktershall complete said Improvements(he:aInafIar'WW)wKhln fhaabove;completion ,period fro detehereof,as teliuk0by the California Subdivision MapArt(Gov. Code,§16640 at seq�In a good workm nuke manner,in accordance with accepted construction practices and In a mannet equal or superior to the requirement$of the Ordinance Coda and rulings mads thereunder,and where there Is a conflict smong the;impmvenewplans,the Conditions of Approval and the Ordnance Code,the sifter requirements shalgovem, 3. IMPRt:?VEMENTS SECURITY.Upon executing this Agreement Ude Suub6idar shad,pursuahtto Gov.Code§66499 and the County Ordinance Code,provide as security to the Cour$-: A. Perla nrf rerttae.$ b ' ✓ rash, additional se kt the amount of (r(elf r I tom• Icit"other totalono hundred For ��. ,Its_..,._ & . . t „G. Percent(IW%)of the estimated d of flier Work, Such a didoradls rdty Is presented kl Ude form of: Cash,certffred check orcWhIst's check X Acceptable corporate su".bond. Acceptable Irrevocable istarof cledt With this security,Subdividerguarantees performance underthis Agreementand maintenance of theWork foroneyear'atterlts armplationand acceptance against any defective workmanship or materials or any unsatisfactory performance. tam ot 8. For Payment: Security In the amount$ q(o, .which is fifty percent(,%*I*)of the estlawled cost of the Work Such security is presented in the Cash,cerdfred check,or cashiers cheek It Aoceptable corporate solely bond. Form Approved by County Counsel Acceptable Irrevocable later of crack {f ev.9tt}3} Pagel of 2 With this secwrk,Subdivider guarantees payment to the contractor,to its subcontractors and to pennons renting equipment or furnishing labor or materials to them or to the Subdivider: Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts hold as security may be reduced Ih acaoxdance with Sections 944,406 and 54.4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK.Subdividerguerantess that the Work shalt be free from defects Int mmtedal orwotkrnanship and shall perform satisfactorily for a period of one(1)year from and afterlhe Board of Supervisors accepts the work as complete in accordance with Article 96.4.6,"Ac oaptance.'of this Ordinance Coda.Subdivider agneas to correct;repair,orreplaoa,at Subdivider's expense,any defects in sW Work. The guarantee period does not apply to road Improvements for private roads that are not to be accepted into the County toad system. 5. PLANT ESTABLISHMENT WORK,Subdnriderawewtopedormpiantesfathl•€s mntworkforlandscaftkistatedunderttdsAgreannant Saidplantestatriishmemworkshall consist of adequately water#ng plants repladng unsuitable plats,doing weed,rodent and otter pest controf and other work determined by tae Public Works Depar trrt to be necessary to ensure estabt4shment of plants.Said plant esteb#stumertt work shat be pertm*d fore period of one(f)year from and after lire Board of Sger 'ampsWork as plate, ar 6. #ifPROVEMENT PIAN A ANTY.Subdividerwarrants the Improvement plans for the Work are adequate to Arno MIIah ftWorkaspromised in Section 2 and as required by the Conditions ofApprovalibrihe Subdivision.9,atanygme,before Me BoardofStipanisuirs accepts the Work as amptate ordudrq the oneyearguaruateeperbd.saidimprovement plans prove to be Inadequate In any respect,Subdkrkder stldg make whabaverchanges ars necessary lo accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work ardior nmtedals,or approval of the Work andfor materials or statement by any offker,agent or ernployea of the County indicating ft Work or any partthereofcommieswth the,requirements ofthis Agreementor acceptance of the whole orany part of salld Workandibraisfarials,or payments therefor,or any combination or all of tease oris,shall not relieve itis Subdtvitlercaf b obligaliort to hOtihis Agivernent as prescribed;nor she#the Counly be thereby stopped from bringing any action for damages arls hg from ihe'failure to Mnpfy with any of the terms and conditions therso 8. INOE ITY; Subdivider shat defend,hold homeless and indemnify the Indemnitees from the liabilities as defined In this section: A. The indemntees benefltled and protected by thb promise are the County and Its special districts,elective and appointive twards,comrmissians.officers,semis and employees. B. The liabilities protected against are any tiabitlyor claim fordameige of any kind allegedly suffered,kxxnTW or tueaterrad because of actions defined below,and Including personal injury,death,property damage,Inverse condemnation,or any combination of these,and regardless of whether or notsuch habtlty calm ordarmage was uhdoreseeab at any tinea bore County reviewed said improvement plans oraccepted the Work as complete,and Including the defense of anysu*sj,ed (s),orotaerp€ cis (s}armmminag said liabilities and claims. C, The latrans causing liabtty are any act or omission(negligent or non-nattgent In connection with foo tmatats covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or mote of them. D. Nen-Cgndfffons.The pmmissandagreemantinthfssection are notcontttionedordePendent onwhafherornotanyIndemrateshasprepoidsuppiled,orapproved any pian(s)orspedioaton(s)krconnection with this Work orSubdvision or has insurance or other indemnification covering any ofthems matters,orthal the alleged damage resulted partly from any negligent or willful misconduct of any lidamrritee 9. COSTS.Subdivider shad pay,when due,all the casts of the Work,including but not Amifed to the costs of relocations of existing utilities required thereby,inspections;material checks and tests;and other costs Incurred by Courtystaffadstngfrom orrelated totaeWork,and prior to acceptance oftheWorkascnmplato orexplardonofarryapplitaiowarranty perods, whichevorlstater. 10. SURVEYS,Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before arxxrptance Of the Work as cwmpistt by the Board of Supervisors. 11. NtNi-PE-RF08fNM AND COSTS.If Subdlvlder fats to complete the Work within the time speoffied In thIsAgreement,and subsequent extensions,orfalls to maintain t+e Work,Couxat MSM prior sad to tom o another ma kt tae Wodt by cowed orotre wiss and Subdivideragrees to payali c ostsand dharcdas h otlued by County(Incl dtng,but notlimited ited to,englnesdng,Inspection,surveys,conttract,overhead,etc.)immediately upon demand. once adlan is taken by County to co rplets or maintain the Work,Subdivider agrees to pay at costs Iuxsrscl by Cotnt y,event#Sutldfvider subsequently completes the Work. Should Coru#yweto compel performancacrnnder,trbAgreamentortoracover hicuredincomplaiangormairtainirhgfheWork,Subdnrideragreastopayatiatiomey'sfees. staff costs and all other expenses of tillga*m incurred by County In connection therewith,even if Subdividersubseqiolly proceeds town**the Work:' 12. IN O PORATION14114IXATION.If,before this BoardlotSupervistirsaampts the Work asoomplate,the Subdivision isincluded In terrilotyincorporated asa city oris annexed to an existing city,except as provided In this paragraph,County's rights under this Agreementandforany depoast bond,or later of ereu#tseardng Bald rights shall be trarrsfo-ed to the new or annexing city.Such city shat have all the rights of a Oft party bene#dary against Subdivvider,who shat Will at JIM terms of this hgreemorll as thotrgh SubdWider#tacd contracted witu the city originally.The provisions of paragraph 8(Inxdem ity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such ihcorporaton orannexaton, 13. RECORD MAP.In hereof,County shat allow Subdividerto file and record the final map or parcel map iorsald Subdivision. 14. RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land tots and upon which any portion of the Work is to be Installed pursuant,to flue Improvement plans,by County and Its forces,Including contractors,for the purpose of Inspection,and,in the went of non-party maanoe of this Agreomeraf by Subdivider,completion oNor maintenance of the Work. Form Approvedby County,,Counsel (Rev.91031 H:\FineAPMLW-8ubAgmtg.03.wpd Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Contra Costa On July 8,2005 before me Karen L.Keenan,NgLuy Public,personally appeared Don Larson&Paul T. Menaker,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their,signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WI1'1SS my hand and official seal. �� t.1C1�NAIW Comn*Won# 1378UWV lam` Notory P+ut*c-Capb Signature ofNotaryP blic Contra Costo county M1yCzxxus�.� Caetl?, OFFICE OF COMM ALVIM-CONTROLLER .= rO THE TREASURER. MART04EZ,CALIFORNIA tECl M FROM t ORGANIZATION NLWAER . , (Far Cobh Calect on procedures we County Administrators Bulletin 105.) DESCRIPTION RlJNDXW-" SUB, TASK' OPTION ACTIVM AMOUNT 17 u 'j ` a "� � � :�C � e t `r AL t�'7 C'l � j�jr 4A 00 2-7: X i t ' r f p / f f ; Y5. T);:' Y r Lin la2r147 ..... �r r %4y iofovr�} L l f '( ( f r r� f �✓ � ��f�� 11 � ' EXPLAN ATK)t4 TOTAL $ ` DEPOSIT 't comists of the folawing items (- t. �E�f t7 „„ -- _ �/ �; Ll�� � % and CURRENCY S , ' - C MQ ETC B�'"� (J E 3T BANK DEPOSIT$ $ FOR AuDrtOR-CONTROLLER USE ONLY DEPOSIT' PERMIT DP NUMBER 448426 21 * DATE V . ASSIGNED The amount of mormy desk above,is for Treasurer's receipt of obese amount is approved. Receipt of above amount is hereby deptinto the County Treasury acknowledged. So 5igneE ' � r��r• f hate T �t EXT Deputy Cownty Auditor 6;WA County Treasurer 0-34 REV.(7-93) OFFICE OF 9OUNITY AUDITOR-CON IVOLLER I+ ARTINEz,CAUFORNtA �� ✓ A)RER:AOM j ORGANIZATION NUMBER V ,� tart i� (Far Cash Caection Pmeedurers we County Administrertar's Bulletin 10 1) DESCRIPTION FUND/ORG TASK ACnVITY AMOUNT< 1 r k 1 �t k . k `f i k 1 . k 1 1 k i 1 k k , t 1 k 1 k t . EXPLANATION TOTAL $ k DEPOSIT _.. .... „3_ Deposit.:cort a of the followiry item COIN an2t E- °"r`y t CHECJl'S.M,O,'nc $ BANK DEPOWTS $ FOR AUDITOR-CONTitC1l tEftUS'{E�OWY PDRO r� 7/ NUMB M DATE ASSIGNED The'amount of money described above is for Treasurer's receipt of above amount is approved pi above amount is heinsi* ,deposit into the County Treasury. signioc Y If -Dote f n rj y County Auditor Deputy`fid; Deputy County Treasurer I -:.EXT 1-34 REV.(7-93) 0649-9665 ! 112300: 61162293, 990.07, MS '90-00143, Inspection Deposit, Todd Fujinaga, dba Arbol Via Owners, 358 East Jackson Street. San Jose!, CA 95112-5107 0649-9665 / 1112300: G1162294, $54.700.004 PA 05-4022, Landscape Improvement Inspection Fee Deposit, Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Scan Raman, CA 94583 8198130-0800 / 01162261, $1,200.000 MS 97-00016, Cash Bond, C.I. Title, Inc., 2925 Country Dr. #101, St Poul, MN 55117 819800-0800 / G1162265, $20f700.00, Sub 8929, Cash Bond,,Windemer*e RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 8198010-0800 / G1162275, $18,700.00, Sub 05-0928,Cash Bond, Wind mere BLC Land' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 _..,ry..G1292 °S+ab -08 31, W4ademwe-46C- 4 y; 61 �write...5 , 819800-0800 / G1162295, $11.4010.00, PA;,05-0022, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd'., Suite 500, San Raman, CA 94583 EXECUTED IN DUPLICATE Subdivision: :SUB o5-08927 Bond No.: SU 5015799 Premium:$1-6,761.00 IMPROVEM+rT SECIMETY BOND FOR SUMMSION AGR EMINT (Performance,'Guarmtee and Payment) (California Government Code §§ 66499-66499.10) I. RECITAL OF SUBDIVISION AG"EM-ENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 05.089.27 ,as specified in the Subdivision agreement and tocomplete said work within the tune specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final mapor parcel map for said subdivision. 2. ORLIGnT ON: Windernere BLC'Land-CM tsany, LLC as principal and Arch Insurance Company a corporation'organized and Y existing under the laws of the State of Missouri' and authorized to transact surety business in California, as surety, hereby jointly;, and severally bind ourselves, aux heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: C}ne Milliozl Six klundretl Seventy Six Thousand One Hundred and 60/100 Dollars($ 1.676.100,00 1'for Contra Costa County or any city assignee under the above County Subdivision Agreement S. Payment. Eight Hundred Forty>Six Thousand Five Hundred and O01100 Dollars (S 846,500.00 l to secure the claims to which reference is made in Title XV (commencing with Section 31382) of Part, 4 of Division IPt 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,administmiors, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration' thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall' indemnify and save harmless the County of Contra'Costa;(or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully'enforcing such obligation,all to be taxed as costs and included in any judgement rendered. 8. 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,subcontractors,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 kind,'or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons companies.and corporations entitled to file claims under Title 15(commencing with Section 3082)of Pan 4 of Division 3ofthe Civil Code,so as to gives right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on thus bond;and consent is hereby given to make such alteration without fin zlter notice 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. SIGNED AND SEALED on July 11, 2005 PRINCIPAL- See attached signature block SURETY: Arch Insurance Company' Address: 6121< Bollinger' Canyon Rd. ,Ste. 500 Address: 135 N. Los Robles Ave #825 City- San Ramon, CA Lip: 94583 City: Pasadena, CA . 91101 9,1101 By: _ zT' C Z Priest Name: Print Name: Rhonda' C. Abel Title: Title: Attorney-its-Fact J D rum up C C DawL.�;S.c`PemvV�N�ORDtBN•12.10. WINDEMERE BLC LAND COMPANY,LLC,,a California limited liability company By: LEN-OBS WINDEMERE,LLC.,a Delaware limited liability icompany,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: Greg Oomi,VicePresident By Cindy Tho son,Assistant S etary c r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange 4n July 12, 2005 be€ore me, Dina Prints; Notary Public, personally appeared aec�Pomi and Cindy Thomcson, personally Known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the samein their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. _ n8Ui4 PRJO TN -- — _ Commission# 1403610 Notow Pubk-CONOmla 1 Oronge CountV - My Gomm.E*W Nov28,X0 OPTIONAL Though the data below is not required bylaw, it may prove valuable to parsons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Grea Porn ice President Lennar Homes of California, Inc. Cindy Tho oson-Assistant. Secretary Lennar Homes of California, inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5015799 Number of Pages: Three (3) Date of Document: July 11, 2005 Signers (other than these named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before me, Rosa Estela Rivas,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAMES)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 - �y behalf of which the person(s) acted, executed the instrument. POSA ESTEL~A qS p C"'Wh IVI.#1447661 z NOTARY PUBLI-CALIFORNIA� c, WITNESS my hand and official seal. OP�ANGE COUNTY ¢ply COrnrn.expires OCt.28„2007 t SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may provevaluable to persons relying'on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER` DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S), ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT TRUSTEE(S) El 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'' 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men By These presents: That the Arch insurance Company,a corporation organized and existing under the taws of the State of Missouri,having Its principal off lee In Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C Abel,Jeri Apodaca,.tante Kepner, Nanette Myers Mike Parizino Jaynes A. Schaller, Rachetle Rheault,Ashley Ward, Grace Reza and Rosa E Was of Irvine,CA(EACH) its true andl kr*%4-ut Attomo'y(*)-fn-R ,to Make,execute,seal,and deliver'from the hate of lssuanoa of'-this pbwarfor'and- on its behalf as ,and as its act and dead.- Any eed:Any and all bonds and undertakings EXCEPTION- NO AUTHORITY Is granted to make, execute,seat and deliver bands or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of-credit. This authority does not permit the same obligation to be split Into two or more blonds In order to bring each such bond within the dotter Knit of authority ars set fbr6 herein. The Company"y revoke this appointment at any time. The execution of such bonds'and undertakings in pursuance of#he"t—Pressnts.shall be as binding upon the said Company as My.and am. ply to all intents an purposes,aiif ttre r ame'harf 4� .Uly executed'and acknowledged by its regularly electedf doors'at its princtpat bfke In Kansas City,�irissou I. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directs of the Company on March ,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary acs being in full force and effect: "VOIlVD,Ther the Chairman of thel Board, the President,or arty Vice Presldent,.or their appointees designated In writing and filed vuith !Secretary, or.the Secretary;shall have the power and authority to+appoint agents and anon eye-In-fact, and to authorize'them to execute on behalf of the Company, and attach the seal of the Company thereto, bons land undertakings, recognizences, contracts of indemnity and outer writings, obligatory In the nature thereof, and any such officers of the Compa ik may appolnt agents for acceptance of ►cess.° This mower of Attorney'..is sighed, sealed anti certified by facsimile under and by authority of the fallowing resolution adopted by the unantmous consent of the Board of Directors of the Company on March 3,-2003: VOTED, That the signature of the Chairman of the Board, the President, or any.Mice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Vice President,the seal of the Company,'and certifications by the Vice Presidarrt, may be affixed by4bostirtile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3,2003,'and any such power so executed.sealed and,certified with respect to any bond or undertaking to which it Is'attached,shall continue to be valid and binding upon the Company. OOMLOO13'00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has caused this Instrument to be sued and its corporate seal to tae affixed by their authorized of ilc m,this 14th day of June ;200 Arch Insurance Company Attested and Certified aG�+tll ' Marry':Jea An ''rso`il;,;�trice President Edward M.Titus,Vice President STATE OF.PENNSYLVANiA SS COUNTY OF PHILADELPHIA SS 1,Kate Marcinkus,a Notary Public,do hereby,certify that Edward M.Titus and Mary Jeanne Anderson per ally known tome to be the same persons whose names are Vice Presidents of the Arch Insuranoe Company, a Corporation organized,and existing under the laws of the State of Missouri, subscribed to the foregoing Instrument, appeared before . me this day In person and severally acknowledged that they being thereunto duly authorized:signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein.set forth. N©TARIALS kL t KATHLEEN Al NKM,No"PoW- City of Plilacmphia;,PW owity Kathleen Marcinkus,N Lary Public Cwmtsidw Fibimfebtuay Z,2006 My commission expires 2-25-06 CEKi1FICATI0N 1, Mary Jeanne Anderson, Vice President of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated June 14,2005 on behalf of the persons}as listed above Is a true and correct copy send that the saree has boon In full farce and'effect since the date thereof and 16 In full forte and effect on the nate of this certificate;and ldo further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President,was on the date of execution of the attached'Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name'and xe a orate s -ef-t Arch Insurance Company on this 11th day of Jul: ,20 OS Mary Je ne' arson, ice President This Power'of,Attorney limits the acts of those reamed therein to the bonds and nderta kings apeciflcally named thwein and they have no authority to bind the Company except In the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THS BOND TO THE FOLLOWING ADDRESS: Arch ConthiMors&Developers Group 136 N.Robloa Ave.,Ste:825 Pasodena,'CA 91101 �taetae It�uri� OOML0013 44 03 03 Page 2 of 2 Printed In U.S.A.' :1L1 CERNN 'THE'TERRORISM S IMPORTANT'N . AI � ' F 2002 The Terrorism Risk insurance Act of 200214stablithes a rnephanism by which the fed0ral government will share, with the insurance industry, in losses arisilhv apt of "acts cif terrorism" certified as such by the Secretary of the Treasury. "'Certified acts=of"terrorism'are defined as events that cause more than $5 million in lasses and: 1. Are violent or'dangerous to'humar life, property, Or the.infrastructure; 2. Result in" damage within the United States, on a United states mission, or to a United Mates aircraft or vess6l am,6 3. Are agitirnitted by individuals; actirio on behalf of foro n persons car interests, as;part of an effort to coerce the civilian population of the United Mates or to influence the policies or conduct gf the United States Goverrirrient The Act speclfies that coverage for"certified acts of terra sm" 'must be made available in cornmercial property and casualty policies ofinsurance, and"it requires insurers to disclose any applicable 'premium charges and the foderal shame of compensation. We are making these disclosures in strict compfiance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting.from"certified acts of terrorism"is tieing made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism.' Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual dedubtibte. For terrorism losses occurring in 2002, than deductible is 1% of the insurer's N6 direct earned .premium. For, losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 71l0, 10% and 15% of the prier year's direct earned.premium, respectively. The Act provides that neither insurers nor the federal government are responsible for lasses associate dmith"certified acts of terrorism once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond:premium charge for"certified acts of terrorism"coverage is $tf. SR 80 37 (Eel. 11'02) Page 1 of 1 Printed in U.S.A. IN 7/28/05 FATCO $42 8927 Tax Collector's i}fficeWilliam J.Pollaeek 625 Court Street Contra County Treasurer-rax Collector Finance Building,Room 1€30 Russell Y.Wafts P.O.Box 631 tts Martinez,California 94553- 11,10sta Chief Deputy Treasurer-Tax Collector 0063 r� (925)646-4122 Co u nty Joslyn Mitchell (925)6464135 FAX 'fax Operations Supervisor Date: 7/28/2405 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 1 MS I# City T.R.A. 8927 SAN RAMON 66383 Parcel#. 223-400-016-0 228-090-008-2 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on theproperty included in the map. The 2004-2005 tax lien has been paid in full Our estimate of the 2005-2006 tax lien, which became a lien on the first day of January, 2005 is $4,203,600.00 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 800-755-5864 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 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. This subdivison will be secured btr the bond for 8923 and 8570 WILLIAM J. 'POLLACEK, Treas. er-Tax Collector' By: PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: August 4, 2005 TCS::: Emy Sharp, Clerk of the Board FROM: Larry Theis, Engineering Se SUBJECT: Windemere Phases 5A/B Tax Bond & TaxLetter SUB 8510, 8923, 8924, 8925, 89261 8927, 8928, 8929 Windemere BLC Land Company,L.L.C.,the developer within Dougherty Valley,coordinated with the tax assessors office to provide one tax bond for the entire area that encompasses what is referred to as Windemere Phases 5A (8510) and 5B'(8923). The developer provided the tax assessor office with one tax bond,#SU5015816 from Arch Insurance Company in the amount of 4,203,600.00. This one tax bond sufficiently covers any tax liens within the properties that would be subdivided with the final maps processed for the following: SUB 8510, 8923, 8924, 8925,8926, 8927, 8928, 8929.To clarify,SUBs 8924-8929 are subdivision areas created by the large lot maps of SUB 8510 &8923. Since these are smaller areas already within the area for 8510&8923,a separate tax bond for each individual subdivision for 8924-8929 would be assessing the same area twice. The tax assessor's office confirms this process by issuing individual tax letters for each of these subdivisions. The original tax bond is attached to the final map'far SUB 8510,while individual tax letters and duplicate copies of the tax bond are attached to the remaining subdivisions. LTA G:1GrpData\EngSvc\Larry\Memos`windemere Phase 5 Tax Bond-COB Emy.doc cc: L.Dalziel correct-copy of the original. ZXECI? "t1D Illi 1 L 'L I CA I FIRST AMERICAN 11 c CartlAR�1NTY C . BY: PRINCIPAL TITLE COMPANY SM71' Windernarc RLC First American`Y'irle Co. �r�Qh Insurance Compamy €121 BcrWagrr Canyon fid g500 1355 W li ow 4 ay, 101 t X5.23 T.n-s Roblgs Ave. x`825 Sart TLatnon, Ca 94593 Crrrcord Ca 84520 ??ak.dana, Attn: Brian alta Attu.:Barbara ?into Phone:925-242-0811 Phone: 925.355-7007 FATCO#1&33613 'rax year 200512006 BOND AGAINST TAXES Bond No. SU 5015616 Premium:$42,036.00 KNOW ALL. MEN BY THESE PRESENTS: THAT, Windermere BLC Land CompanyLLC,;.a Califuruia limited liability company as principal and (Surety) Arch Insurance C2nRany a corporation organized and existing, under the laws of the State of Missouri' ,and authorized to transact surety business in California as surety are held and fzrrnly bound unto the CounTy of Contra Costa State of California, in the penal sum ofFour'Millibn rwo huadred three thousand six hundred Dollars ($4,203,600.00),to be paid to said County of Contra Costa., for the payment of Which will and truly be made, we and each of'us bind ourselves, our heirs,executors; administrators and successors,jointly and severally, firmly by these presents. Sealed' with our Seals and dated this 20,th ` day of July 2005. The conditions of the above obligation is such That'WHEREAS, the above bounded principal is aboUT M fle ai map entitled' Tract 8510 and 8923 and cowering a subdivision of a'tract of land in said County of Contra Costa' and there are certain liens ftrr taxes and special assessments collected as taxes, against tht said tract of land covered by said map, which taxes'and special assessments collected as taxes, are not as yet due or payable, NOW,THEREFORE, if the said Principal, shall ,pay all ot:the taxes and special 2ssessment:s collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract, then this obligation shall be void and of no effect, othemse it shall retrain in full farce and effect. Arch Insurance Company (Principle) _ ) Winacracrc BLC Land Company LLC, a California limited:Iiability company Surety By: LEN—OSB WrNDDER.F,; LLC, R.achelle Rheault, Attorney.--In—Fact a Delaware limited liability company, its Managing Member By: LB AR f HOMES OF CALIFORNIA, INC. , Califon a oration, its Managing Member DATE; _...` BOZD �VMVrI)OW AppFL VLrD By- C00STACUUI�i`Ty Gree rd , Vice Presidents TR_ I ty��r'"Pt3Ft Cindy Thomps n, Assistant Sec' etary- NOTARY ACKNOWLEDGMENT STATE OF CALIFORMA }ss COUNTY On j .2.0 before me, . 6Y' a Notary Public in arra for id State. personally appeared Po ,4 L A Srn� personally Known to met — be the parsons} hose nam64sare ubscribed to the within instrument and acknowwedged to me that ty�Ikre xeeuted the'same'in lea thea authorized ,capaci y �e and that t3y hi lthejr ,gnaturE 3�on the instrument the persorojor the entity upon behatf of which the personss acted, executed the instrument. WITNESS my'hand and official seal Signature TJIL t DEE WER Moksyptim 0K My ComtY,,expiiii"Apt 19,2= 9,2= ..................... .......................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No55407 State Of Califorma County of Orange On July 20 2005 before me, Rosa Estela Rivas,Notan,Public DATE NAME,TITLE OF OFFICER:.•E.G.,"JANE DOE,NOTARY PUBLIC personally appeared Rachelle Rheault NAIAE(S)W SIGNER(S) Z 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/herltheir 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. —A ESTELA RIVAS lVr.# 1447 661 C-) E 0 0 11 N'T YN WITNESS my hand and official seal, OCt.26,2007.)tr. 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. CAPACrrY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 7(TLE(S) IJ PARTNERS) LIMITED --Z GENERAL ATTORN EY-I N-FACT P 17 TRUSTEE(S) 17 GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(JES) SIGNER(S) OTHER THAN NAMED ABOVE -40671GEEF 21I48 C 1993 NATIONAL NOTARY ASSOCIA,ION E236 Remmet Ave.,F.0,Box 7.64-Canoya Park,,CA 391 30-G-711 64 POWER OF ATTORNEY Know All Men By These Presents: That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino,`James'A. Schaller, Rachelle'Rheault,Ashley Ward, Grace Reza and Ross E. Rivas of Irvine, CA(EACH) its true and lawful Attorneys)-in-Fact, to make,execute, seat, and beliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:" Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to snake, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The 'execution of such bonds and undertakings in pursuance of thete-.,presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same"had b.6eh-duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force;.and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in wr tin and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and Cather writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Berard of Directors of the Company on March 3,'2003: VOTED, That the 'signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature'of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bend executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 at 2 Printed in U.S.A, Arch =lmwanoa 0-roup CE ACT ! F2' 02 The Tort isrn 1RtsiK InsurarioeAe, of 2002 estAbllsbesa,me Mmnism. by vhliph the foi�rtil„g6vemrrient'rr ll share, i ti thi; 1 inztc atr>, its losses ariiing ouf of .,a* t�f f� �risr�” rt 6d as s� by ��e �e�ref�r�' of t�; "I"r asu.ry., rtt elod acts ofterrorism are defined as events that cause more than 5'T Mi in losses and: I i Are Violent or Ctar a' to"humian lirr the infrastructuft; 2. R:esu t ir}zd�farr►age wftbi-h the United Sittes, on a United dates rnissron, or to a United States aircraft or AL3- 3.' Are ri�iffed ri isti Lla,ls., adtlrig on bahaIf of fecsorrs wInteresfs, ae fiart'pf an effort to eoerve the crvTt an pralatlon of �l:'fte tjhhited 'States or tri tnfluerice the n6licies or conduct of the united States .. v i !, 'rho,Act.ct.�sspew iesthat,c*verarge for '4o f d acts of terrorism""must be made avallabl., in mrnerc al prppeft.S And casdafty pofidtft Of i[(.SUm nce: anti It requir�es insUme;s #i; disclose-eqy°applicabi e p o,'Mium dFiarges and the fe 4era'I-sfiera of 66mpen5at7jon, We jry r "aki-Ig those Idisolosures ih stfi t o6rnfrliahce With tie Att. 3isc casc M V itability ref Ooverag €or' errD_sm Lcistes Ccverag for.losses resulting:fro ni "sertil=ied.acts ref terroris n" is being rria0e availaole to you on ferias, amounts, and limitations generally applicable to lasses resulting Irom perils cth&r than a,its of terrorism. Disclosure of Foderai Sbare of Cortipensation for Terrorism Losses The federal governmerit will pay a'90% share of an insurer".s terrorism losses brig the insurer has satisfied a slgnificarit aggregate annual de ducbbte. For terrorism fosses occurring iri 2002, that be u,::tble is 1% of the ins rev`s!2001 'direct earned pier turn. For Imals occurring in 20x,3, 2 D4 and 2W5, the 'annual insurer deduvobl:es,are 71 . l?°� and t � � of the: nor,yi r`s direst garraed�prerriiui , raspec rvelyr. The Act provides that neither irtsurems nor the federal government are responsible 1w losses associated with "oertlfled acts of terronsr" niece aggregate annual, insured losses exceed bO bitIlan. €tgdl,osure of Terrorism Insurance Pre Mi rn Your Bond premium charge for"certlfied acts of terrorism" coverage is S O 8A W 37 f Ed, 11 62) Pasge I of I Printed in U,$-,A.