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RESOLUTIONS - 01012005 - 2005-510
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 9, 2005,by the following vote:' AYES: SUPERVISORS GIOIA, PIEPHO, DESAbUIER, GLOVED AND UILKEHA NOES: NODE ABSENT: NONE ABSTAIN: NONE 5t3ilTl �lit).2451 SUBJECT: Approving the Final Mapand Subdivision Agreement for Subdivision 05-4$929, being developed by Windemere BLC Land Company, L.L!C., San Ramon (Dougherty Valley)area. (District P The following documents were presented for Board approval this date: I. Map The final map of Subdivision '05-08929, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said neap having been certified by the proper officials.: II. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company,;L.L.C.,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) I hereby certify that this is a true and correct copy of can action Contact: Teri Ric(313.2363) taken and entered on the minutes oft e Board of Supervisors LT:rrn G:1GspDatalEngSvc\BO\2405108-091SD 05-08429 Bo-2l.doc on the Batt:shown. cc Public Works-T.Hell,Construction Current Planning,C:omnataity Development T-June 9,2006 Windemere sic Land Company,L.1-C. ATTESTED: AUGUST 09 2005 Arm:Brian Olin 6121 Bollinger Canyon Road,#500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon,CA 94583 ClJuri Administrator and Deposit Company of Maryland t 841 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Atm:Rochelle Rheault Arch Insurance Corlrpany By ,Deputy 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Atte:George Munana RESOLUTION NO.2005/ 510 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08929, being developed by Windermere BLC Land Company,L.L.C., San Ramon (Dougherty Valley)area. (DistrictIII) DATE: August 9,2005 PAGE: 2' A. Cash Bond Performance amount: $20,700.00 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: Fidelity and Deposit Company of Maryland Bond Dumber: 8745450 Date: July 13,2005 Performance Amount: $2,046,300.00 Labor&Materials Amount: $1,033,500.00 Principal: Windemere BLC Land Company, L.L.C. Ill.' Tax Letter Letter from the County Tax Collector stating that there are no unpaid County 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: SU 5015816 Date: July 20, 2005 Amount: $4,203,600.00 Principal: Windemere BLC Land Company, L.L.C. NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1.. That said subdivision,: together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO 2005/510 m O Wig &?S tut'im "�' `$'o ff -: $a', " [��S.:o s :. '.._a M'6' 71 CYl+- �t-22IyC- Z N t Ati a g r. COD s m go SH E5 O O CJ R Off pR. ZgH w4 n $ < £ y 1 �=� g� � "a � ii�ii +���•a ��� �t�y�yya �44!!`,Zp���ty��WW��i� �so� yy��� �LNN� _� C � � �04J rU}:� ff�+z �.y� �V '�" CU�y,. �F••d O Rig �3 4I� QFI1N �pQy te���erre•••• tis ��n� W d S.J S O W 6 ff. q'"y S a �4 XIWW61 LIN Sig J��� �t2aR � �'�C., .�� � 2 61�g F all.%isH a it Q N A41 F5 � � ell §ash � � LL w a < N N y gig Egg CL PE z " CANn ) g_ olF, N (TJ � h. CPS W St- 2F N h1 � � '4'rT1 t5 a La H IX iO; 9H m. 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SY'!gx aa149'2� G� f �dSCl� aT C'd rt t�V $ T� ��� •�� ti~o a M 2n r r I?Mph t "'� � W d 61 W, U n SVt 1yjs,o CP 0 110 160 r„�\ •y i ,�t1,� � ` 3$pa' ` yet t= �='�i�rs� - as,•ooi��,�si,�D�z��v iti s$�7 ��' .� a� �j � � e N3sp,5zz1N ` 'z � � "3{ � � »9F,Fiq,€9N ���� � '<`r � Z{ €0•L459N i� `3. $zZ 3.iD,!£:Iit _ f SO 95,80 p a 3tld S �� 1 DDs�'es t. _L it As P 06"aLi=1 Lc 9f 00. +38� 'f 00.€4.4i C7,D0'zLL 31 zz►=u x#, Tw r�is Sea��p,9s z u b U ';ffaS ml �S O ti=p i L 81 E4= X � NdoeloH v 0 co 'g`� ��� _ 2ry�'°'�sz=4{,oi+rfl.ox=v oo'9za=a iN %P, # x m z ri 4Cf r., wa" ZZ t€'i0t 6l,S ZN #'09 3»zz€Cs9LN 3>i,z#s#N Li,iK N SZ'pg t ,00'95 83,Zz;pESt`N $ 3 i.9 iZN 9 mid ' zarl3.0,Z 1 CD 1 ,ss•i8 .fn, �zN �• CID SUBDIVISION AGREEMENT (Gov.Code,,§§56462 and 6640 �- /1 Jos, Subdivision: SLAG os— 2q �liu q�r EffectivsDate: ` Subdivider: ova !AW-9 CAWAN V LLC, Completion Period: 0ALS — -- THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO; VJfN17EMirRE SLC LAND COMPANY,LLC A California litnited lisb lity company CONTRA COSTA COUNTY SUBDIVIDER icy:LEN-013S Winciemere,LLC, MauriceKShiur Pu 'c works Director A D aware limited liability company a an 'ng Member By �-'' .' ? Le Homos of Cat' is,7" •n i e ' RECOMMI ND DFOR PR AL: CSS (Signa (print name&'' Pat Menaker, s Secretary By (signature) ' f ng near n9 twcxhs n , (print name& e) o arson,Vice President FORM APPROVED Silvano i3 County Counsel N�Atsipnatures mus#be acknowledged.iiSubrtsddei Is incnrpotated die contract moat elgned by ivvr ottcers.7tte trst anahtre must# that of the chahrmn of trs board,pretitdat,or vies-presktent ttesecond signature mustbe thaf of the seoretary, ass>stan#secretary,chin trental officer,or asststart treasurer.(Civ,.Code,§1 tg0 and Crxpa.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California as. County of On the date written below,before me,the undersigned Notary Public.personally appeared the persons)signing above for personally known tome(or proved to me on thw basis ctsatLsfsctary evidence)to bethe perso*)whose name(s)Were subsaf load to tits within Instrument andaduhow[edged to me that helsheithey executed the same in hisihertfheir authorized capacity(les),and that by hlshwiltheir slgnabrre(s)'on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the Instrument. WITNESS my hand and otidal seat. Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Efreciive on the above date,the County of Contra Costa,Cattomia,(hereinater'Coumty")and the above-mentioned SuNfivider mutually promise and agree as follows mnceming this Subdivision: 2. h2gQIEMEPJTS.Subdivider agrees to Install certain mad Improvements(both publicand privells),drainageimptovernents,signs,street%hts,fire hydrants,landscaping and such other improvements(ackuding appurtenant equipment)as required In the 6nproverhentplans for this Subdivision as reviewed and on Mwkh the Contra Costa Counly Public Works Department,as:required by the Conditiorhs of Approvat for this SubdlvLslon,and In conbri ance with the Contra Costa County Ordnance Code,Including future amandrrxrnts thereto (herebhafter'Otdinanca Code'). Subdivider shellcomptata said Improvements(hereinafter Worle)within the above completion period from date here of,as regalred by the CalNorruia Subdivision Map Act(Gov. Code,§§6641 ot.seq,)In a good werf m. like %annex,in actzirdance,with Accepted'construction prad obs,and to a manner equal or supsew to ttm requirements of the Ordinance Code and rulings made thereunder,and where theca is a conflictt among the Improvement plans,the Conditions of Approvai and the Ordinance Code,the strider requirements strati govem. 3. IMPROVEMENTS SECURITY.Upon exeonaing this Agreement,the Subdivider shall,pursuant to Gov;Code§66499 and the County Ordinance Code,provide as security to the County: A. Penfonnence and Guarantee:S �cesih,plus addkkxual secmrtty+,in the amount of f� �'f •�r1 uhidu together toter one hundred percent(t 001A)of rue estimated rx3st of the Work Such adctUenal seemly is presented kh the form of Gash,cerdfled dmck or cashWs check. Acoeptable corporate surety bond. Acceptable irrevocable Teter of cradlL ; With this securhy,Subdividerguaranteaspedonuance underthis Agreementand maintenance ofthaWorkforoneyearaiterfis canptetonand acceptanceagainslany defective workmanship of materials or any unsatisfactory performance: B. Fir Payment; Security in the amount:E ('03S SOO- �whidt is fifty pereent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,csrtfted check,or cashier's check Accaptablecorporato surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9103) Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materift to them or to the SubdivirInr. 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 in accordancewith Sections 94.406 and 94.4.408 of the Ordinance Code 4. GUARANTEE AND WARRANTY OF WORK.Subdivider guarantees that the Work shall be free tram defects In material orworkmanship and shall perform satisfactorily for a period of one fl)year from and afterthe Board of Supervisors accepts the work as complete its accordance with Article 964.6,Aocaptance,'of the Ordinance Code.Subdivideragrees to correct,repair,or replace,at Subdivider's expense,any detects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted Into the County road system. 5. PLANT ESTABl1SHME TWORK Subdivideragreastoperform plant establisht ntworkforlandsca*VInstalledunderthisAgreement Said plantestgb#sfunantworkshall , consist of adequately watering plants,replacing unsuitable;plants,doing weed,rodent and other pest control and otherwork determined by the Pubtlo Works Depadineut to bar) ecessary to an sure establishment of plants.Said plant establishment work shalt be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as rlompleia. 6. IMPROVEMENT PLAN WARRANTY,Subdhrk erwarrart the Improvement plans for the Work ere adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval forts Subdivision.If,at any Ims before the Board of Supervisors accepts the Work as complete or during the one yearguarantee period,said knprovement pians prove to be Inadequate In any respect SubdMder shall make whatever changes are necessary to accomplish the Works%promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work ancifor materials or statement by any officer.agent or emplayee of the CM* Indicating the Work or any part thereof comptfes with the requirements of this Agreement,or acceptance of thewhole or any part of said Work"ormated*orpayments therefor,orany combination or all of these acts,shalt not refieve me Subdivider of Its obligation to huffil M Agreement as prescribed;norshall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditionshereof. 8. INDEMNITY, Subdivider shall detend,hold harmless and Indemnify the lndemnttees from the lab€Oo as defined in this moons A. The inderrinitees benefftled and protected byaris promise are the County and its special districts,elective and appointive boards,commissions,oNicam agentsand employees. B. TheaIj tiftl protected against are any tiablity or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and Including personal injury,death,property damage,inverse condemnation,or any combination of these.and regardess of whether or not such iiahitity,daar damage was unforeseeable at any time before County reviewed said improvement plans or accepted the Work as complete,and including thedefease of argr sull(s),action(s),or other procesclIng(s)concerning said labNtOes and claims. C The ac ns causing Rabl ity are any act or omission(negligent or no"agligent)In connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor;or any officer,agent or employee of one or more of them. D. Non-Conditions.The momiseandagreementinthis section are notcwWMonedordeparloantonwhettrerornotanymdemmnniteehas prepared supppad,orapproved any plan(s)or spedfication(s)In connection wfihThis WorkorSubdivisfon,or has Insurance orother Indemnification covering anyof these matters,orthatihe alleged damage resulted parity from any negligent or w#IM misconduct of any kxdemnhee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,Including but not 8mked to the costs of relocations of existing ulltiles required thereby:Inspecticns;material shacks and lasts;and other costs Incurred by County staff adsingfromorrelated tothaWork,and prior 0acceptance of heWorkascompleteorexphatkmofanyapplicablewarrantyperiods, whicheverls'later, 10. SURVEYS.Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Comrrvss rear-Sruveyor tbefose acceptance of the Work as complete by the Board of Superultcrs. 11. KO-PERFORMANCE AND COSTS.If Subdivider fails to complete the Work within the time specified In ibis Agreement,and subsequent extensions,or fails tomaintakn the Work,Ccwntymay proceed to complete andlor maintain the Woekby contract or othervrise and Subdivider agrees to pay d costs and charges Incurred by County(Includhhg,but not li ifted to,engineering,Inspection,surreys;contract,overhead,air.)Immediately upon demand. Once action is taken byCo my to complete or maintain theWork,Subdivider agrees m pay all costs Incurred by County,&van VSubdivklor subsequently completes the Work Should County sue to compel performance under this Agreement or to recover=is Incurred In completing or maintaining the Work,Subdivider agrees to pay all attamy's fees, staff costs and all other expenses of litigation moored by County In connection tion therewith,even If Subdivider der subsequently proceeds to complete the Worts. 12. INCORPORATION/ANNEXATION. if,before the Board of Supervisors:accepts the Work as complete,the Subdivision is Included In territory incorporated as a city or is annexed to an existing,city,except as provided In this paragraph,Ct rhty`s rights,under thisAgreementandibrany deposit bond,o lefter of xertileacuryrg sold rightsshad be transferred to the now or annexing city.Such dty shall have all the rights of a third party beneficiary against Subdivider.whoshalt NO all the tents of this Agreement As though Subdivider tied contracted wltih the city originally,The provisions of paragraph 8(trxdemoity)she#continue to apply In favor of the Indarmiltees listed is paragraph S.A.upon any such Incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to fila and record to final map or parcel map lar saki Subdivislom 14, RIgHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other propertyoverwhich Subdivider has land rights and upon which any portion of Me Waris is to be Installed pursuant to the improvement plans,,by County andhs fonds,including;contractors;forthe purpose ofinapection,and,in the event of non-performance of this Agreement by Subdivider,completion ah&or maintenance of the Work FomApproved by County Counsel (Rev.9/031 H:1FinaV'V&W-SubAgmt9.03.wpd Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 8, 2005 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 handand official seal. L. NAN Carrxron t 1378827 Notary Putgic'-CaNtomio Sign re of Notary ubhc Contra Costa County WComm,Eg*es Oct 7 20D6 OFFICE OF COUNTY AU MOR-CONTROLLER MAR[iNEZ.CALIFORNIA r - Tn THE TREASURER- RECEIVED FROM G' r" ORGANIZATION NUMBER (For Cosh C41111ection Procedures see County AdministroWs Bulletin 10'5.) DESCRPTK3N FtM/ORM � SKS TAW' AOPTION ACTMTY AMOUNT fL { i/ '' 1 r I , I IL I I I-L�,si-11: ae . . . 61 V*V J66j-,,--� 7 U., . y Y EXPLANATOON: TOTAL `: r r' {: ` (� / .. `r .%/ "� DEPOSIT ` ra Cort CU ofRENCNC Y fdlowing items and CUR $ � , C KS,M-,ETC BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT' DP �MB �440426 juyz ASSIGNED The amount of money described above is for Treasurer's recelpt of above amount is approved Receipt of above amount is hereby deposit into the County Tiasasury acknowledged swl.df ,, f h - I si a a t• Deputy CountyAuditor reruty County Treasu D-34 REM(7-93) Dep t i OFFICE OF�OUNn-AUDITOR-CONTROLLER ARM: MARlNEZ,CA,UF€yRNtA JL ! 1 AOM } �' o ORGANIZATION NUMBER All dor Cash CoEecf on Pr+oceduras see County Aciministrotw's Wlefin 105.) DESCMPTION FUNDJORG ASUIL TASK OPTION ACTIVITY AMOUNT $ 1 Ala 1 16 I�Ll)gl A 741 r,.., .. y 1 n r1` 1 I I 1 1 • 1 1 t C EXPLANATION: TOTAL DEPOSIT _. ►:. Deposit consists of the following items COIN' CHECKS,M.C�ETC. $ BANK DEPOSITS FOR AU01TCiR-CON7ROLLER USE ONLY DEPOP � DATE r{4 r►�`i ; ,_, ` ASSIGNED The amount of money described oboe:is for Treasurer's receipt of above amount is approved Rac�t�bove amount is hereby deposit into the County Treasury. Sign Signed: r jlAV EXT. ' 'U Deputy County Auddor Deputy County Treasurer -34RW.(793) 0649-9665 / 112300: 61162293, $1.990.07, MS 90-00143, Inspection Deposit, Todd Fujinaga, dba Arbol Via Owners, 158 East Jackson Street. San Jose, CA 95112-5107 0649-9665 1 132300: 61162294, $54,700.00, PA 05-0022, Landscape Improvement Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Ad., Shite 500, San Ramon, CA 94583 819800-0800 / G1162261, $1,200.00, MS 97-00016, Cash Bond, C.I. Title, Inc., 2925 Country Dr. #101, St.Paul, MN 55117 8� fl0-C10 �y° 316�265,.$��' , Ssb �°929, �as�1°eond��W�rrtlemere BLC-L CA» 90W'- 819800-0800 J G1162275, $18,700.00, Sub 05-08928,Cash Bond, Windemere BLC: Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon,CA 94583' 819800-0800 1 G1162292, $16r900.00,Sub05-08927,Cash Bond, Windemere BLC' Land' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800.0800 / 011622955, 1,jW.E?C , PA"05-00122, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE SubdivisionOS-08929 Bond No.: 08745450 IMPROVEWNT SEa.MTY RON 0 FOR'S UBDYWSION AGREEMENT (Performance, Guarantee and Paymei it) "(California Government Code §§ 66499-6,499.10) I. RECITAL�St3RDty-1310N ACREF-MQN'r The developer(principal)has executed a subdivision agreement with the County of Contra Costa;w install and pay for street, drainage and other improvements in Subdivision QS-08929 as specified in the subdivision agreement andto complete said work within the time specified for completion in the subdivision agreement,all,in a.:curdance with State and local laws and rulings thereunder in order to satisfy conditions for filing;of a final =nap or parcel map for said subdivision. 2. C}BLIG,Axror: Wmdemere Bl'.C Land CoMRan LLC as principal and Fidelity and Deposit Company of Maryland , a corporation organized and existing;under the laws of the State'of Maxyland _and authorized to transact surety business in Califomia, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows:' A. Performance and Guarantee: Two Million For!Y—Six-Thousand Three Htandred-arid 00/100 Dollars(S 2.046.300.00 } for Contra'Costa Coui,ty'or any city assi6mee under the above County Subdivision Agreement. B. Payment: One Million Thirty!Three Thousana Five Hundred and 0101100 Dollars (S 1.033.500.00 ) to secure the claims to which reference is imade in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California: 3. CONDITIONV' A.. The Condition of this obligation as to Section(2.A.)above,s such that ifthe above bonded principal, or principal's'heirs,executors,administrators, successors c,r 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,,nd in all respects according to their true intent and.meaning and shall indemnify and save harmle ss the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipal tted,then this obligation shall become null and void; otherwise it shall be and remain in full fore.:and effect. As part of the obligation secured hereby and in addition to me 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 success fully enforcing such obligation,all to be taxed as costs and included in any judgement rendered; WINDEMERE BLC LAND COMPANY,LLC.,`a California limited liability;company By: LEN-OSS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC'.,a Galifomia Corp:Lawrence n,its Managing Member 'H.Thompson,Vice President By:. � . - 6p�k' Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange Can July 14. 2005 before me, Dina Prints, Notary Public, personally appeared Lawrence.H. Thomson and Dee Baker, 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 seals �i;VTM y Commission# 145361701at y�,� � Notary Public-Catifiarn Orange County My Damm.Expires Nov 28,200)7 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Lawrence H. Thompson Vice President Lennar Homes of California. Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. DESCRIPT©N»OF ATTACHED DOCUMENT Type of Document:;,Surety Bond No. 08745454 Number of Pages: Three (3) Date of Document: July 13-2005 Signers (other than those named above):Rachele Rheault CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 13 2005 before me, Rosa Estela Rivas,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rachelle Rheault NAME(S)OF SIGNER(S) personally known to me»OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s)on the instrument the person(s), or the entity upon -- behalf of which the person(s) acted, executed the instrument. RO A S TELA RIVAS r IVI��I:it 1447661 r iJcl_lC CALiFC3RNiA COUNTY WITNESS my hand and official seal. tuiy uvs , c .r s 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 [] `OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)'OTHER THAN NAMED ABOVE S-40671GEEF X198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7984 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporations of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company,w set fortis on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof nate,constitute and appoint Rac,helle AMAULT,of Irvine,California, its true and law A -i • o male;execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan ,'s n said Company,as fully and amply,to all intents and purposes,as ifxe ged by the regularly elected officers of the Company at its office in B ir The said Assistant ere t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,ofthe By- w in force. IN WITNESS W said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corpora ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of.May, A.D.2004; ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND W B : y T E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland 1, City of Baltimore On this 24th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Now,** . Ry Dennis R. Hayden Notary Public My Commission ExpiresFebruary 1, 2€105 POA-F 012-50308 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSITCOMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board'of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary`or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents andz Attorneys-in-Fact as the business of the Company may 'require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts,'agreements, deeds, and releases and assignments of judgements, decrees,mortgages and'instruments in the nature of rnortgages,...and to affix the seal of the Company thereto." CERTIFICATE' I the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing'Power of Attorney is still in full force-'.and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED; "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto`subscribed my name and affixed the corporate seal of the said Company, this 13th day of July i 2005 Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company:of Maryland,Colonial American Casualty and Surety Company,Zurich American insurance Company, and American Guarantee and Liability Insurance Company aremaking the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from.acts of terrorists(as defined in the Act)under this bond is $_._waived_. This amount is reflected in the total premium for this bond. bi closure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Art of 2002,we have made available to you coverage for losses resulting from acts of terrorists(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure-of federal Share of Insurance Com" an 's Terrorism Looses The Terrorism fiis1-Insurance Act of 2.002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance;,compaty has paid losses in excess of an annual aggregate deductible. for 20032, the insurance company deductible is I%of direct earned premium in the prior year; for 2003,7%of direct earned premium in the prior year;for 2004, '10%of direct earned premium in the prior year;and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 9010. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed S l'00 billion in any one calendar year. Llefiniton of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in oanewence with the Secretary of State and the Attorney General of the United States; I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted'in dainage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States,on which,United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of'a war declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting from the act,i1a the aggregate,do'not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond, Copyright Ztuich'.Atnerican Insurance Company 2003 7/28105 FATO $42 8929 Tax Collector's Officef"' William J.Poidacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.d.Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 �'`` (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX !l Tax Operations Supervisor i Date, 7/28/2005 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 M5# City T.R.A. 8929 SAN RAMON 66383 Parcel# 223-400-016-0 223-090-008- 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 2044-2005 tax lien has been paid in full, Our estimate of the 2005-20016 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 800-755-6864 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 Board of Supervisors. This subd visor wi/i be secured by the bond for 8.923 and 8510 WILLIAM J. POLLACEK, Treasu r-Tax allec#a By: { PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: August 4, 2005 TO: Emy Sharp, Clerk of the Board FROM: Larry Theis, Engineering Se SUBJECT: Windemere Phases 5A/BTax Bund & Tax Letter SUB 8510, 8923, 8024, 8925, 8926, 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(85 10)and 5B'(8923). The developer provided the tax assessor office with one tax bond,#505015816 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. LT:It` G:\GrpData\EngSvclLarryAMemosiWindemere Phase 5 Tax Bond-COB Erny doc cc: L.Dalziel 1 We hereby certify that this is a true and ". correct copy of the arigirial. =,CUTBD 111.17 DUPLICATE FIRST AMERICAN'TiTU GUARAFM CO P;G2rNCIPAL TITLE COMPANY ey' gmlp windemerc BLC Pirst American Title Co. Arch Inaura.nce Company 5121 bollingrr Canyon Rd X540 1355 Willow Way,#101 115 N. Tr ns Rn l s Ave. f825 San Ramon,Ca 94583`. Concord,Cs 94520 pa-CAt;a-mra 4-1 t n1 Arta: Brian Min Arco.:Barbara Pinta ctf-n rge Mtr7,a„a Phone: 925-242-0911 Phone: 925-356-7007 F'ATCO# 1833613 Tax Nesr 2005/ 2006 BOND AGAINST TAXES Bond No. SU5015816 KNOW ALLMEN BY THESE PRESENTS: Premium: $42,03b.00 THAT, Windemere BLC Land Company LLC, aCalifornia limited liability company as principal and (Surety) _Arch Insurance Company. , 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 firraly bound unto the County of Contra CostaState of California; in the pen.a.l sum of Four Milling two hundred three thousand six hundred Dollars (54,203,600.00), to be paid to said County of Contra. Costa, for the payment of which will and truly be made, we and each of its 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 WHEREAS, the above bounded principal is about to file a map eritided Tract 8510 and 8923 and covering a subdivision..of a tract of land in said County of Contra Costa a_nd there are certain liens for taxes and special assessments collected as taxes, against the 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 P'rinci;Ral, shall pay all of'the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said snap, at the time of the filing of said map of said tract, t}en this obligation shall be void and of no effect, otherwise it shall' remain in full force and effect.' y Arch Insurance Company (Prirsr:plrj r�,l Winderntrc BLC Land Company LLC, -- a California €imited liability company Surety By LEN-OSB WINDE.MERE, LLC, Rachelle Rheault, Attorney—In—Fact a Delaware limited' liability company,;. its Managing ',Member By LEIIAAR tiC3MES OF CALIFORNIA, INC. , a Calif Sr fa r oration, its Managing Member f es BV: BOND REVIEWED AND APPROVED`` Greg m , Vi'ee President CO RACOSTAC4 Y B y _ TRE ER- R Cindy T°homps n, kssistan SecietarT BY: NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Q _ } Can before me, ����-2Y' , a Notary Public in and for id State, personally appeared C-1- TVA- -.VACS V\ personally Known to me { be the parse cse narrt are ubscrzbed to the%mithin instrument and acknowledged to me that the executed the same in h Ithei authonzed c'apaciN Ees , and that by h' ttheir rgnatur s on the instrument the parsor@) or the entity upon behalf of which Chep ons acted, executed the instrument. WITNE56 my hand and official seal Signature t E WEE IL 0 �n rr 1478169 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907` i State of California County of Orange Can July 20 2005 before me, Rosa Bstela'Rivas,Notar)t Public DATE. NAME,TITLE OF OFFICER-E.G.,".SANE DOE,NCTAPY POSLIC" personally appeared Rachelle Rheault NAME(S)E,1F SIGNER(S) Z person=ally known to me . OR- 17 proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/stye/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),;or the entity upon behalf of which the person(s) acted, executed the instrument. > ,4TEA F IV AS ca 'trI ,44 651 � a is JP IC;04;L1FORNIA� x nh COUNTY WITNESS my hand and official seal, Oct.25,2007 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) C_1 PARTNER(S) LIMITED I GENERAL Z ''ATTORNEY-IN-FACT �] 'TRUSTEE(S); [� GUARDIAN/CONSERVATOR, NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S a0671ac�F 2+gg t,1993 N,4110NAL NOTARY ASSOCIA7)0N�8216 Remmet Ave. P C 5cx 71,64,Can=a Pari CA 91,309-718A 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 principai 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}in-Tract, 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 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 the same obligation to be split into two or more bonds in order to bring each such band within the dollar limit of authority as set forth heretn, The Company may revoke this appointment at any time. The execution of such bonds and undertakings ih pursuance of these.presenfis shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This rower 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 writing 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, oontracts of indemnity and either 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 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 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. 00ML.0013 00 03 03 Page 1 of 2 Printed in.,U.S.A. At 1 n"Tame IMPORTANT OTHZE CO MR.14IN TH E `ERORISM RISK CT ' i i 5 200 The Ttrru smi5.k Insurance Act of 2OD2 establishes.ak mechanism by Wliloh the fer rel sgpy-p�,rnrrreM will snare, with the E S r nce industry, iri losses arising out ofA*,a of terrorism rtiti'ed as ucti`try the rretary of the Treasury, certified acts of'lerrorisrri" are defined as events that cause more than t5°million in losses and: 1. Are Violent err dar arm to`huMbn Hie,prOpstty, or"tl�e infrastructure; 2, Result .in damage vvithin the United States, an a United States rntssion, 'or to a UnAed States aircraft -or %re mrrii ed t v irtdluidr t ls., aCtir7r hn beti tf cif forst n i rsiins or interests, as,pate 6 an effort to coerce tfro 0M,la In;pop .atlori of tFre Uniter tates'or to ''irt uen the policies or con uct of the llnited States w �'t4rrer�t. The.Actopeci es,that'tpvetage for"certified acts of terrorism"'rr.ust be made avoilable it pornmerbial :property a casumty polici s Of ihsurarrce: and .it. r quires ins€-rers to disclose arty°appiicabie re'r i"earn charges an d the fe€3etblsbdi.6 6f'66mpertsatton. We are rriakiSi these disdosureS ih strict corrpllshce With the Act: Mscfosure'of Avditabiltty of Cdverage for Terroijam,Losses Coverage for losses resulting from "certified.acfs oaf terrbrisrnr is beingmade available to yo.0 on terms,.amounts, an ltmttadons generally app ica°ble to losses resulting from perms otter than acts of terrorism. di'sclimsure of Federal Share of Compensation far Terrocrism Lasses The federal cgover nr-nerit will pay a 9D% share of.an insurers terrorism losses oast the insurer rias satisfied a significant:aggregate annual:deductible. For terrorism lasses'<occurring in 2012, that deductfble 's 1% of the insurers :2001 direct earned premium, For losses occurring in 200, 2 D4 and ZDU , the annual insurer #etlucfi es..are I I6, 1 i and l of"the prior ye is tilrect earnai l.premium,'respectively. The pct prevides that neither insurers;nor the federal government are responsible`for losses associated with "certified acts cif terrortsr," once aggregate annual insured losses exceed 00 billion. Disdiasure of Terrorism Insurance Premium Your Bond premium charge for"certified acts of terrorism" coverage is;� g. R 0 37 (Ed. 11; 0k) page i of 1 Printe-d in U.S.A. ,