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RESOLUTIONS - 01012005 - 2005-509
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' I ESOT UTION NO. 2I)U51509 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08928, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley)area. (District 11I) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 05-08928, property located in the San Ramon (Dougherty Valley)area,Supervisorial District IIT,said map having been certified by the proper officials. II: Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, L.L.C., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows. I hereby certify that this is a true and correct copy of an action Originator:t.or:Public Works 236(EStaken and entered on the minutes of the Board of Supervisors Contact; Ten'Rie(313-2363). p LT:rm on thedateshown. G:\cfpData\EngSvc\BO12005\08-091SD 05-08928 BO-21:aoc cc: Public Works-T.Bell,Construction Current Planning,Community Development T-June 9,200s AUGUST 09 24D5 Windemere BLC Lana company,L.L.C. ATTESTED: , Attn:Brian Olin JOHN SWEETEN,Clerk of the Board of Supervisors and 6121 Bollinger Canyon Road,#500 San Ramn,CA 94583 County Administrator Arch Insurance ConVany 135 N.Los Robles Ave.,#825' Pasadena,CA 91101 Atm:RhondaonC.Abel By ,Deputy Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Atm:George Munana RESOLUTION NO.2005/509 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08928, being developed by Windemere BLC Land Company;L.L.C., San Ramon (Dougherty Valley) area. (District IIs' DATE: August 9, 2005 PAGE: 2' A. Cash Bond Performance amount: $18,700.00 Auditor's Deposit Permit No. 448426 Date: July 21, 2005 Submitted by: Windemere BLC Land Company,L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: Arch Insurance Company Bond Number: SU 5015798 Date: July 11, 2005 Performance Amount: $1,854,300.00 Labor&Materials Amount: $936,500.00 Principal: Windemere BLC Land Company, L.L.C. IIT. 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 2004-2005 tax lien has been paid in full and the 2005-2006 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: 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. 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WitJpP � t-G `.44+-M, CAMPAdJYrL4C' Completion Period: THESE SIGNATURES ATTEST TOTHE PARTIES!AGREEMENT ilei;£TO: WiNDEMEREBLCLAND COMPANY,LLC A California limited liability company CONTRA C05TA�COUNTY SUBDIVIDEBy:LEN-OBS Windemere,LLC, Maurice M.Sbiu,Public Works director A Delaware -mited It's ity com any �.�` Man g M her BT. �t ./u^s 'By: r es lifomi , nc., . , _ RECOMMENDEDF APPAL Iviana S (signet _ (print name e)f1W enaker,As Skcretary (signature} By: 0 engineeiRg BervrcesOvisidiff (print name&t on Larson, ice President FORMAPPROVED Sihrano 8.1+March ,County Counsel' Ni.OTE:All signatures must be Acknowlledged.If Subdivider is Iterated,the contract mustsigned by two officers.The first signature must be that of the chairman of the !ward,president,or ufo"residenl the second signature must be that of the secretary, y, assiatantsecxetary,cgtief finandal officer,or .assistanttreasurredr.(Civ..Code,§1 190 and Corps.Code.§313.)' CERTIFICATE OF ACKNOWLEDGMENT State of California ) )} as. County of On the data written below,before me,the undersigned Notary Public,personally appeared the person{s)signing above for personally known to me(or proved to on the basis of satisfactory evidence)to be the person(s)whose name(s)blare subscribed to the within instrument and acknowledgedto me that he/shelthey executed the same In his/her/their authorized capeclty(les).and that by hlsfherAhek slgnature(s)on the Instrument the person(a),or the entity upon behalf of which the parsons)acted, executed the instrument WITNESS my hand and official seal. 'Dated: Eery PUblic (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County ofConte Costs,California,(hereinafler"County")andtheabove-mendonedSubdivkiermutualiyprombeandagree as follows conceming this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to Instal certain road improvements{both public and private),drainage Improvements,slgns,'street lights,fire hydrants,landscaping and such other improvements(Including appurtenant equipment)as required in the improvement plans for thisSubdivision as reviewed and on filewith the Contra Costa County Public Works Department,as required by the Condltlaa of Approval for this Subdivision,and in c omformance wlth the Contra Costa County Ordinance Code,Including future amendments thereto (hereinafter"Ordinance Code`}. Subdivider shall complete said Improvements(hereinafter"Work)wlNnfhe aboveaompletbn perked from date hereof,as required,by the California Subdivision Map Act(Gov. Code,§§6640 at seq.)In goodwo kmanfike manner,In accordanoe with accepted construction practices and In a manner equal;or superkx to the requlrements of the Ordinance Code and rulings made thereunder,and whore there is a conflict among the Improvement plans,the Conditions of Approval and the Ordinance Code,the*Icter;requirements shall govern.' 3. IMPROVEMENTS SECURITY.Upas axeculing:this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For PMNM1ncqjmd Gra ranee:$J.t,LOO brash plus additional security,In the amount of$ r � .300'00-tuich together total one hwdrad percent(100%)of the estimated cost otthe Work,Such additional security Is presented In the form of Cash,certified check or cashier's check. Acceptable corporate surety bond. Acceptable Irrevocable letter of credit With this security,Subdividerguarantses;performance underthis Agreement and maintenance of the Work for oneyearafter b completion and acceptanceagafnstanydefective workmanship or materials or any unsatisfactory performance. B. For Effmanil Security in the amount$ 9 3(1,SO Q" ,which is filly percent(500A)of the estimated cost of the Wont.Such security Is presented In the form of-, Cash,cer#fiied check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable Irrevocable fetter of credit: [Rev.9/031 Page 1 of 2 ........................................... . .................................. ........... ................................. ............. ...........-...-...... Subdivider.With this security,Subdivider guarantees payment to the contractor,to Its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced to acmdance with Sections 944.406 and 044A0B of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK Subdivider guarantees that the Work shag be free from defects in material orworkmariship and shag perform satisfactorily for a period of one(1)year from and after Me Board of Supervisors accepts the work as complete In accordance with Article 96-4.6,*Acceptance,'of the Ordinance Cods.SubdMileragrees to correct,repair,or replace,at Subdivider's expense,any dBlects In said Work. The guarantee period does not apply to road Improvements forprivale mads that are not to be accepted Into the County road systarn. 5. PLANT ESTABUSHMENT WORK SubdivWeragreestopedormplantestabhshmentworklorlarKtampkVinstW[odwWerftAWeement SaldplaritestablishmentwDrkshalf consist of adequately watering plants,replacing unsuitable plants,doing weed.rodent and other past control and other work determined by the Public Works Departmenitto be necessary to an sure establishment of plants.Said plant ailbbbblimentworkshall be performed fors period of one(1)year from and after the Board of Supervisors socepii#hs WA as complete, 6. IMPROVEMENT EE_AN WARRANTY Subdividerwarrants the Improvementplans for the Work are adequate to acccmpfish the Work as promised In Section 2 andas required by the Conditions o(AppmYstitit1he Subdivision.lf,stany tirriabefore the Soisaid8upervisonsecotipts the Work as complete ordudng the one year guarantee period,said improvement plans prove to be Inadequate In any resp4 Siutx hrldershag make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work"or materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof cDmpDsswhh that requirements of this Agmemea or acceptance of thewhole or any part of aid Work an0ormallarials,orpayments theralcri.orany, combination or all of these ads,shelf not rellevathe Su bdMder of its obligation to MIND this Agreement as prescribed;nor shag the County be thereby stopped from bringing any action for damages adft from the failure to comply with anyof the temp and conditions hereof. 8. INDEMNITY Subdividershall defend,hold harmless and Indemnify the Indemnliess from the flablillies as defined In this section, X The Indemnitees bonefitied and protected by Oft promise are the County and b speclaildlabicts,elective and appointive boards,commissions,officers,agents and employees. B. The flabiliftes protected against are any liability or claim for damage of arty kind allegedly suffered,Incurred or threatened because of actions defined below,and including personal Injury,death,property damage,Inverse condemnation,orany combination of these,and regardless of whether or not such liability,ctaim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the deleneeLof SW SAS),aegon($k or other prooaa&9(S)LL concerning sold liabilities and claims, C. The actions causing lialiflity are any ad or omission(negligent or non-negililenQ In connection with the matters covered by this Agreement and affifloulable to Subdivider,contractor,subooritractm,or any officeragent or employee of one or more of them. D. Non-Concifthons.The promise and agreementin ftsection are not conditioned ordeperident on whether ornotany Indemnlitisehas prepared,suppled,orapproved l6nL any plan(s)or speamdon(s)hconnactionwith this Work orSubdivis .or has insurancBorother Indemnification covering anyof these thartlars,orthat the alleged d6magensultedpartly from any negligent or willful misconduct of any tridermillse. 91 COSTS Subdivider shall pay,when due,all the costs of the Work,Including but not Dirrifted to the costs of relocations of exisfing utilities required thereby-,inspections;material clecks and tests;and other costs incurred by County staff arising from orretated to the WorK and pirlorto acceptanceafftWorkas complete orexpiraflonof any applicable warianly pedods, Whichever I$later. 10. SURVEYS Subdivider shag set and astablIsh survey monuments In accordance with the filed map and to the satisfaction of the County Road Gommissioner-Suiveyor before acceptance of the Work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS.if Subdivider falls to CompiabaLftWork within the liffe specified in this Agreement and subsequent extension&.or falls to malritativ the Work,County may proceed to complete ardor maintain ft Work by contract:or otherwise and Subdivilder agrees to pay all costs and charges Incurredby CoU*L(Inctuding,bUtLL notLibrille L dL to,engineering,Inspection,surveys.contract,overhead,isitz)Immediately upon demand. Once action Is taken by County to cornplateournialatain the Work SubdMder agrees to pay all costs buffed by County,even If Subdivider subsequently completes the Work Should County sustio rompel performanceL tmdertds Agreement or to recovercosts Incurred incomplefling ormaintalining thsWok Subdivider agrees b pay all adomey'siees, staff costs and all other expenses of Iffigation Incurred by County In cormectionLitnerewlith,even I Subdivicter subsequently proceeds to complete the Work. 12. INCORPORATIONtANNEXATION. If,before the Board of Supervisors accepts the Work asoDimplefle,the Subdivision Isincluded In territory Incorporated as a c4orls annexed to an existing city,except as provided In this paragraph,County's rights under thisAgreementand/or any4epost bond,or letter of credit securing said Nhft shall be transferred to theLf" or annexing*.Such dily Shelf have all the rights of a IhirdLpartyLbensficlisq against Subdivider,who shall ftifig[al the terms of this Agreement as"traubdWer had contractedwith N*originally.The provisions of paragraph 8(indemirifty)shag continue to apply In favor of fie Indaminheas listed in paragraph$A upon any such Incorporation or annexallom 13, RECORD MAP. In consideration hereof,County shag allow Subdivider to file and record the final map or parcel romp for"d Subdivision. 14. RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdividerhas land rights and upon which any portion of One Work is to be Installed pursuaritto the Improvement plains,by County and Its forose'Lincluding contractors,for the purpose of Inspection,and.in the event of non-pirformatice of ft Agreement by Subdivider,completion andfor minitanance of the Work. Form Approved by County Counsel lRev,91031 H:1FlnaRPW%LW-SubAgmt9.03.wpd Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Contra Costa On July 8, 200 before me Karen L.Keenan,Notary Public,personally appeared Don Larson&Paul J. 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. WITNESS my hand and official seal. 14 L KEtWX cornnWon# 137 27 N otory m-co lfomio Sig ature of Notary Sic 01:tMrtcY�tCcr F OF COUNTY A MX CONTROLLER 1 _�- MARTINE4 CALIFORNIA { TO THE TREA5UREtti RECENW FROM COGANIZATIONNUMBER •. C.° 1_, (Fbr Cash Cafi6c ion Procedures see County Oudmir istkraw's bulieiin 105:) DESCRIPTION IFUNP '' SUL ACCT TASK OPTION ACTWTtY AMOUNT n C r-• I �? f ki: [ t 1 r jJ EXPLANATION: TOTAL $ MOST ccxusists a#flue rigitems arrd CURRENCY Ma ETC- f FOR AUDITOR-CONMOLLER USE 014y DEPOSIT PERMIT [gyp NUMBER r DATE 2; ..0 x.. ASSIGNED The amount of money descril.-mclL above is for Treasum's reasipt of above amour*is approved Receipt of above amount is h woby aeposiitintothey;C-N*Y rare x ..,: ockrravvletlged D Date eft Deputy Ox-ty Auditor Deputy Coumty Treasurer D 34REV(7.93) - isto OFHCE Of�OUNTY-AUDIT -CONTRQX.ER MARTINEZ,CALIFORNIA AOM ORGANIZATION NUMBER (Fox Cash Collection Procedum see CaurrtT Administrator's&A**105,) DESCRIPTION FUND/ORG A A TASK ACTIVITY AMOUNT e.. � ';fit`. ) '�"� �`t ''-? '" •:= � { '" i t 3 t 1 P. C i 1' i E t I t t I. t ` i 1 , � I i EXPLANATION. Tt7TAL, $ { DEPOSIT J.. Deprsstt corwish of the fol�Intg item COIN atiitCti Y CHE=Ma ETC. $ HANK DEPOSITS $ FOR ALOOM-CONTROLLER USE ONLY DEPOSO PERMIT J)P`, � Ga A A 6 DATE ASSIGNED The ornount of money described above is for Treasurer's receipt of above amount is approved &weipt4fabove amount is hereby deposit into the County Treasury! 1"rte" /" Y !4'' EX7. 'f Deputy Coy AUddOrI Deputy Cotrrrty Treasurer 34 REV.(T-93) 0649-9665 1 112300. 61162293, $1,%90.07, M5 90-00143 Inspection Deposit, Tadd Fujinaga, dba Arbol Via'Owners, 158 East JacksonStreet, San Jose, CA 95112-5107 0649-9665 / 112300: G1162294, $54,ZOO,00, PA 05-0022, Landscape Improvement Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA 94583 819800-0800 1 'G1162261,'$1,200.00, MS 97-00016, Cash Bond, C.I. Title, Inc., 2925 Country Dr. x#101, StYaul, MN 55117 819800-0800 / G1162265, $20,700.00, Sub 8929, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA 94583 8 ! 0= 't225, 13 tufa .. 050892sh ; .Band, Vtl nd mer.:e Bl L.a d Company - %.:51 1 ':Bol i.n r Canyon Rd,,,, Suite 500, . Sao +?rnon CA 94583 8198,00-0800 1 G1162292 $16,900.00,Sub05-08927,Cash Bond, Windemere BLC Land Company,:LLC, 6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA 94583 819800-08001 G1162295, $11,400,00, PA 05-0022, Cash Bond, Windermere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision; B+ohd Nn.: Su 5015798 Premiumi:$'1 b',543.00 IMPROYEWNT S.l MUTY BOND FOR SUB,DIMION AGREEMENT (Performs nce,Guarantee and Payment), (California Government Code §§ 66499-66499.10) 1.' RECITAL gSLLODtv Ston A+_RTt�, Elti'tENT: 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 05-08928 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 satisty,conditions for filing of final map or parcel map for said subdivision. 2. OULtG,AxtoN Vu'indernere BLC Lan—d-ComRm, .LC as princirW awl Arch Insurance Cqppapy a corporation organized and 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, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: R. Performance and Guarantee: One Mi ion Eight-Hundred Fift, Lf=Thoumd Three Hwiftd ,fid OQt10f} Dollars($ --1,85-4,300-00 1 for Contra Costa. County or any city assignee under the above County Subdivision Agreement. B. Payment- Nine Hup4red lbiny Six ousand Five ndred and 00/10 Dollars {$ 936,500-00 ) to secure the claims to which'reference is made in Title XV (commencing with Section 3082) of part 4 of Division W of the Civil Code of the State of California. 3. Carf,.., DYTIUN' A. The Condition of this obligation as to Section(2.A.)above is such ilia 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 perforin the covenants,conditions and provisions in the said agreement and any,alteration thereof made as therein provided, on it or its pant, to be kept and performed at the time and in the manner therein specified and in all respects according to their trete 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 mull and void, otherwise it shall be and remain in full force and effect. As parr 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 Counry of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. R The condition of this obligation, as to Section (2.8.) 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 Cade, for materials furnished,labor ofany kind;or for amounts due underthe 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 attomey"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 sh3il 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 Cade,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 ofthis bond be f illyperfortmed,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(car city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without ftmzther notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound without regard to and independently of any action against the principal'whenever taken. SICNEta AND SEA.LF-D on July 11 2005 PRINCIPAL`. See attached signature block SURETYz Arch Insurance Company Address: 612b Bollinger Canyon Rd.,, Ste. 500' Address:' 135; N. Los Robles Ave. #825 City: Sari Ramon, GA Zip: 94583 City: Pasadena, CA � Zip: 911.01 By: By: g "R Print Name: Print Name: Rhonda C. Abel Title: Title: Atomey-in-Fact LRL�.fiil� ,gS�vai��x wt3R13�Etv.r2:Coc WINDEMERE RLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: 'i Greg PoTiiiVi6e President By: ~ h Cindy bh mp n,Assistant'Secr ary 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12.2005 before me, Dina Printy, Notary Public, personally appeared Oreo Pomi and Cindy Thompson, 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 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. D"APIIINYY Commission# 1453610 Notary Public-Califarnia m Orange County nny Comm.Expires Nov 25,2007 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 1S REPRESENTING: Greg Pomi--Vice President Lennar Homes of California, Inc. Cindy Thompson -Assistant. Secretary Lennar Homes of California,, Inc. DESCRIPTON'OF ATTACHED DOCUMENT Type of Document: Surety Bond No SU 5015798 Number of Pages: Three (3) Date of Document: July 11, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before rite, Rasa Estela Rivas,Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personalty 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($) whose name(s) is/are subscribed to the within instrumentand acknowledged to me that he/shelthey 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. RO;.A wSTELAsRIVAS COMM,!Y 1447661 � ' NOTARY PUBLIC CALIFORNIA WITNESS my hared and official seal. 'ARANCE COUNTY 0, MY oxpires Oct.28,2007 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) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES Q OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IE8) SIGNER(S)OTHER THAN NAMED ABOVE S-40677GEEF 7198 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Sox 7184-Canoga Park,CA 81309-7184 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 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 Rosa E. Rivas of Irvine,CA(EACH) its true and lawful Attorney(s)-in=Fact,to snake, execute, seat,and deliver 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 make, 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 tate same obligation to be split Into two or more bands In order to bring each such bond within the dollar limit of artthority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these-presents. shall be as binding upon the said Company as fully and amply to all Intents and purposes,as if this same tlatl bassi dilly 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 Rall force and effect: *VOTED, That the Chairman of the Board, the PresidentR or any Vice President,or their appointees designated in wry and filed with the Secretary, orthe Secretary shall have the power and authority to appoint agents and attorneys4n.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 other writings, obligatory in the nature thereof, and any such officers of tate 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 Board 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 seat of the Company,and certifications by the Vim President, may be affixed by facslmite 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 vaild and binding upon the Company. 00ML0013 00 03 03 Page 1 cif"Z Printed In U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14,�h day ofJune ;2Q.05 Arch Insurance Company. Attested and Certified CORE .009A 1000, 1014 Mary Jea An rsaiiI ice President Edward M.Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I,Kate Marcinkus, a Notary Public,do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch insurance Company, a Cvrporatlon organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,'appeared before . me this day M 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. NOTAWL SEAL KATHLEEN MARE INKUS . City of Phpatewa,Philo. tY Kathleen Marcinkus,N tory Public M Camt�ission Explras Fabroa 25,21346 My commission expires 2-25-06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14.2405 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full form and effect since the date thereof and is In full farce and effect on the date of this certit'u.ate, and I do 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 orates Archinsurance Company on this 11th dayof July .20 05 Mary=nedtreoh,Vice President This Power of Attorney limits the acts of those named therein to the bonds andfically named therein 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 THIS BOND TO THE FOLLOWING Al7DR 8S. Arch Contractors'ill Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 }47} 00ML0013:00 03 03 Page 2 of 2 Printed In U.S.A. IMPORTANT'��TN+�_� CONCERNIAOT NGTHE T �C� i��' �' The Tereprism Risk Insurance Art of 2002qstablithes a mechanism by which the federal government will share, with the insurance indu$try, in 'losses'; ricin out of "a.0 of terrorism" certified as such ley the. Secretary of the" Treasury."certified acts of terrarisrri"are defined as evero that cause more than $5million in lasses and: 1. Are violent arldanoorous,to human lite, properly, or:the infrastructure; 2. Re-stilt in damage within the United States, on a United States mission, or to a United States aircraft or 3. 'Aire ooii'irrlitt d`b+ i dIviduaIs, acting on behalf of foreign persons or interests, as part of ap effort to coerce the CIVI inn copulation sof the United Mates or to influence the policies or conduct of the United 'States overnment The Act specifies that coverage for 1`oertifioo acts of le>r�trism" rnust be made>avoilable in commercial property and easuaity pollcies of insurance, and'it rewires insurers to disclose any applioabte'pmrrtium charges and the faderal share of compbrrsation. We are making thus disolosures�in strict compliance with the Act. Discl,dture Of Availability of Coverage for Terrorism Lo $es Coverage for losses resulting from "certified acts of terrorism"is being rnade available to you on terms, amounts, and limitations generally applicable to losses'resulting from perils tither then acts of terrorism. Disclosure of Federal Sham of Compensation for Terrorism Lasses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant'aggregate annual deductible. For terrorism losses occurring in 2002, that deductible;is Ila of the insurer's 20111 direct earned ;;premium. For losses occurring ;in 2003, 2004 and '2WS,; the annual 'insurer deductibles are 7°/0, 1€% and 15% of`the prior year`s direct earned premium, respectiveiy. The Act provides that neither insurers nor the federal government are responsible for losses associated with "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 $ U: 1180 37 (Ed. 11 02) Rage 1 of 1 Printed in U.SrA. 1"101ill '021111111 7/28106 FATCO$42 8928 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer Tax Collector Finance Building,Room 100 P. ©.Box'631 Russell V.Watts Martinez,California 94553- C0St(a Chief Deputy Treasurer-Tax Collector 0063 "' (925)646-4122 County Joslyn Mitchell (926)646-4135 FAX Tax Operations Supervisor Date: 7/28{20€15 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 I MS# city T.R.A... 8928 SAN RAM©N 66383' Parcel:#: 223-400-016-0 223-090-008-2 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 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 $4,203,600.041 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Mills of Muni Financial at 800-755-6864 The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied With security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Boaird of Supervisors. This subdivison will be secured by the Fond for 8923 and 8510 WILLIP, I J. POLLACEK, Treaiur r-Tax Collector 1 By: PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: August 4, 2005 TO: Emy Sharp, Clerk of the Board FROM: Larry Thais, Engineering Se SUBJECT: Windemere Phases 5A/B Tax Bond & Tex Letter SUB 8510, 8923, 8924, 8925, 8920, 8927, 8928, 8929 Winda ere 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 Windermere 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$4,203,600.00. This one tax bond sufficiently covers any tax liens within the properties that would be subdivided with the final maps processed for the following: SUB 8510, 8923, 8924, 8925, 8926, 8927, 8928, 8929, To clarify,`SUBS'8924-8929 are subdivision areas created by the large lot maps of SUB 8510 & 8923. Since these are smaller areas already within the area for 8510&8923,a separate tax bond for each individual subdivision for 8924-8929 would be assessing the same area twice. The tax assessor's office confirms this process by issuing individual tax letters for each of these subdivisions. The original tax bond is attached to the final map for SUB 8510,while individual tax letters and duplicate copies of the tax bond are attached to the remaining subdivisions, LTat' G:1GrpDafatEn Svc\Larry\Memos\Windemere Phase 5 Tax Band-COS Emy.doc cc: L.Dalziel 1 correct copy of the original _ EXECUTED IN DUPLICk.TE' FIRST AMERICAN i G ACO. By: PRINCIPAL TITLE'+COMPA Y SURET'1' Windcmem BLC First American Title Ca. Arc�suraiace Company 6121 Bdllingrr Cuayun Rd 9500 135$ Willow Way,#101 115 N. Los_Rahl e;;a Ave. #825 San Raman,Ca 545$3 Concord,Cs 94520 Pr3r-A 431 1 r1I a Arta: Brian Olin A rtu.:Barbara Pinto ori-roc r��rp*..M_ nana Phone 925-242-0811 Phone: 925-356-7007 625-619-"')5 FA'TCO# 1833613 Tax. Near 200512006 BQl`r D AQAINST TAXES Bond No. SU5015816 Premium.$42,036.'00 KNOW ALL MEN BY THESE PRESENTS: THAT, Windemere BLC Land Company LLC,'a California limited liability company as principal and (Surery) Arch Insurance Company a corporation organized and existing under thee laws of the Srate of Missouri. , and authorized to transact surety business in California as surety are held and firmly bound unto the County- of Contra Costa State of Califomia in the penal sum of Four Milliun two hundr a 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 20th day of July 2005.' The conditions of the above obligation is such that W.F.EREA.S, the above bounded principal is about to file a map entitled Tract 8510 :end 8923 and covering,a subdivision of a tract of land in said County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said map, Arhich taxes and special assessments collectad as taxes, are riot as yei due or payable. NOW, THEREFORE, if the said Principal, shall pay all of the taxes and special assessments 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,othemise it shall remain in full force and effect. Arch Insurance Company (Princcplc) rets) ,l Windammcrc BLC Lund Company LLC, a California limned iiabiliry company Surely By: LEN-OSB;WINDEMERE, LLC, Rachelle Rheault, Attorney-In-Fact a Delaware limited liability company, its Managing Member By: LEMNIAR ,ROME 'OF CALIFORNIA, INC. , � a Califor aoration, its Managing Member LATE. By: BOND REVIEWleb REVIEWAND APPROVED Greg 'Vice President CONrfItA COSTA COUNTY' TREAT E8 R By BY. Cindy Thornes n, Assistan£ Secretary NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF.--.( )ra,4-e } Qn ,�uA , before me,' �f a Notary Putilic in and for id State, personally appeared G-r 'b , -vwd L, sC�n ,_personalty known to me{ 6be the perso is whose nam6'` are ubscribed to the within instrument and acknowledged to me that executed the same in met authorized 'capac ty �e , and that by hi hheit ignatur� on the instrument the persor�'or the entity upon behatf of which the person s acted, executed the instrument. WITNESS my hand and official seal Signature " ' r�r�.rir L* R co mwsion*147$164 ry Public•cafomic county My emm APr 14,2008 a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Oran,ge On Jul-20 2005 before me, Rosa Estela Rivas,Notary=Public DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Raehelle Rheault NAME(S)OF 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/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon s _ behalf of which the person(s) acted, executed'the instrument. ESTEL,; RIVAS CNNr ,4 1447661 V .N r ;LUBi Ir CALIFORNIA r,r,r.E OOU TY ra WITNESS my hand and official seal. �I c ipvss Oct.2e,2007� r 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 farm, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER I TITLE OR TYPE OF DOCUMENT TITLES PARTNER(S) LIMITED GENERAL ATTORNEY-IN'-FACT ❑ TRUSTEE(S) ❑_ GUARDIAN/CONSERVATOR NUMBER OF PAGES E] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENT(TY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEF n8 8 1993'"NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.;'P O Bex7164-Canoga Pa=k CA'91309-7184 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. Abet, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E.Rivas of Irvine, CA(EACH) its true and lawful Attorneys)-ire-Fact, to make, execute, seal, and deliver 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 makes 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 suit 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 these'.presents shall be as binding upon the:said Company as fully and amply to all intents and purposes,as'if the same had taeei r. ;_U y 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 Diractors 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 writing and flied 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 tit,=ger 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 adapted by the unanimous 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 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 bond executed pursuant to the resolution adapted 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. DOML0O13 00 03 03 Paige 1 of 2 Printed in U.S.k A r C.. p N . 1U t AST ; F 20,02 The Terrorisrn Risk Insurance Act of 21OD2 establishes:a mechanism by whirsh the fied5ml.gbvernrnent will share, with the insurance industry, i� lcrsseS arisigg avt of"'acts of larror`isrrr" rtitied as such 'by the Setrretary of the Treasury..'`Certified ects'ofterrorism"are defined as everits ttrat cause more than $5 rnillitin in losses and: 1. Are Violent or'ctaVeroustoInurrtan 1Ife.,.propsgy, orfhe infrastructure; 2. Result in darriage within t'he United States, on a United States rnission, or to a United States aircraft or wasss�; � 3. Ate corr�rmitted by iridivicluals acting on behAlf;of `foreign persons or interests, as,part of an effiort to coerce, the cisrilian population of the Un ted States or to it fluenci the pblides or conduct of fhe 'United'States lt;i7vefrirnz&nt Tire Art�s eGifies that t overage for "certified acts of terrorism" must to made available in corrrrrier61al property aid c;gs;"ty policies of'insUranoe, and it r#squires insurers to disclose any, ppli6able premium charges and the federat shire of`compensation; We are makirig thane disclosures in strict oorri,otiahce with the Act. €disclosure of,Avaitabi.ii'ty of Coveragie for Terrorism Lasses Coverage for iosses resulting from "rertified:acts of'terrohsm" is being mads 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 Cbrnpartsationfor Terrorism Losses The federal ctovernrnerlt will pay a,90% share of an insurers terrorism losses once the insurer has satisfied a s€gnficant :aggregate annual deductble. For terroeisfn hisses occurring in 2012, that detlta,,.-�Libie is 1% of the insu.rsr's 2001 direct earned premium, For losses occurring in 200., 2OD4 and 2095, the annual' insurer deductibles are 7blD. 11?%,and 156,46 of the;prior,year's direct earned premium, respectively, The :pct p ovines that neither irrsurers,nor the federal government are responsible,fcr losses associated with "certified acts of terrorism'' once aggregate annual insured'losses exceed $100 t4f lion Qiscloxsure of Terrorism lnsura.�rice Premium Your Sorad premium charge far"certified acts of terrorism"'coverage is $ 8R M 31(Ed. 11 01) ' :Paige 1,of 1 Printed in U.S.A.