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MINUTES - 05112004 - 2004-671
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 14,2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESA`LUUER AND G�'I3 .G NOES: NONE ABSENT. SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 671 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08775, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 0408775, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements as rewired in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc1BO%2004\12-14-041SD 04-08775 BO-2l.doc LT:ms taken and entered on the minutes of the Board of Supervisors CM Public'Works—T.Bell,Construction on the date Shown. Current Planning,Community Development T—October 14,2005 Windemere BLC Land Company,L.L.C. 3130 Crow Canyon PIace,#310 DECEMBER 14 2004 San Ramon,CA 94583 ATTESTED. s Ann:Brian Union Olin Nationalal Farmers Standard Insurance Company JOHN SWEETEN,Clerk of the Board of Supervisors and One Financial Plaza,10"'Floor County Administrator Hartford,CT 06103 Attn:Ashley K.Ward Liberty Mutual Insurance Company v 505 S.Main Street,Suite 830 , Orange,CA 92868 By ' � -_,Deputy Attu:Patricia H.Brebner RESOLUTION NO.2004/ 671 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08775, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 14, 2004 PAGE: 2 A. Cash Bond Performance amount: $21,980.00 Auditor's Deposit Permit No. 434405 Date: November 10, 2004 Submitted by: Windemere BLC Land Company,L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number: 4410154 Date: October 27, 2004 Performance Amount: $2,176,020.00 Labor&Materials Amount: $1,099,000.00 Principal: Windemere BLC Land Company, L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said snap and that the 2003-2004 tax lien has been paid in full and the 2004-200.5 tax lien,which became a lien on the first day of January 2004, is estimated to be $5,714,700.00, with security guaranteeing payment of said tax lien as follows: • 'Tax Surety Bond Company: Liberty Mutual Insurance Company Band Number: 24004181 Date: August 20, 2004 Amount. $5,714,700.00 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. PESOLUI'ION NO. 2004/671 TO: BOARD OF SUPERVISORS #� FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: December 14, 2004 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08775, San Raman au hert Valle )area. (District P SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I CtIIVIIV ENDAtTI+C N(S): ADOPT Resolution No. 2004/671 for Subdivision 04-08775, approving the Final Map and Subdivision Agreement, beim developed by Windemere BLC Land. Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08775 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSLUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. Continued on Attachment: c.. SIGNATURE: ✓41ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,4 PPROVE OTHER slcNATVItWS ACTION OF BO ON DECDIBER 14, 2004 APPROVED AS RECC3M ENDED XX OTHER �i I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the X.X. UNANIMOUS(ABSENT__ ) AYES: NOES: minutes of the Board of Supervisors on the ABSENT AESTAIN: date shown. G:YGMData\E»gSvc\9012004112-14-04\SD 04.08775 Ordtr.doc C3rig.DM Public Works(ES) ATTESTED: DECEMBER 14, 2004 Contact: Teri Ric(3132363; ee: Pub3ic Works—T.Bell,Construction JOHN SWEETEN, Clerkof the Board of Current 1tPler4. CommunityDevelopatent October T_ totxr 1405 Supervisors and County Administrator Wlndemere BLC Land Crnnpany,L.L.C. 3130 Crow Canyon Piace,#310 San Ramon,CA 44583 Attn:Brain 01in National Farmer-Union Standard insurance Company By Deputy Financial Plaza,10'°Floor Hanford,Cr 06103 Attn:AshicyK,Ward Lbeny Mutual Inmrance Company SDS S.N4Jin Street.Sune 830 Orange,CA 92868 Attn:Patricia H.Bre6ner mac < `� un 5 v! { n� isis �gmv Y .• d �� Ito m 4li� i . r ©� H Ift G ead fig it pig; fix p I� jpo 6 USE w s� � r �< r� r i It Fig r m ! � Zn jig in CC m - _51 i m s i � � s tj hi � �0 _. fi11 pSS 5 � N um MIR < ix I< 1m �t IMS m� 1-+ K+n+f d ~ ,c p .. a ' m � 2G '��41 to N El04 zcll W ^ -101 -4 11 artn _ t w LAJ + r ; .. 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T HESE SIGNATURES ATTEST TO THE PARTtET AGREEMENT HERETO: WiNDEMEl2E BLC LAND COMPANY LLC, a California limited liability Company CONTRA COSTA COUNTY By:LEN-OBS W#ndemere,LLC Maurice M u,Pu Works Diector A Delaware limited liability company Managing Member By: By:Lennar Homes of California,Inc., Managing Member RECOMMENDED FOR,APPROVAL: (signature) (print name&titie) on Larson,Vice President (signature) nghneenng Services Dlyr (print name&tie)Darleen Carpenter,46st,Secretary FORM APPROVED: SiNano B.Martihesk County C wnsetN( {1TE;ABsignatures mustbe acknowledged,if Subdivider is#nrxuporaiade contract N,ba signed by two officers.The first signature must be that of the c#rtrim of Me board,president,orvk-presiderht the second signature must be that of the rorethry, asaisffints chief fmandsl officer,or assistant treasurer.(Civ.Code,11190 and Corps.Code,§3 8.) CERTIFICATE OF ACKNOWLEDGMENT State of California } as. County of } On Cie date written below,before me,the undarsignad Notary Public,personally appeared the person(s)signing abaft for personally known to me(orpmved to the on the basis 01 satisfactory evidence)to be the person(s)whose name(s)Were subscribed to the within instrument and acknowledged to me thathelshalhey executed the same in hfs/herAhei authorized cepacky(iss),and ithet by hWherlthelr signature(s)an the Instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and a(tial a". Dated: Notary Public (Notary Sea!) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County')and the above-mentioned Subdivider mutually promse and agree as fopows concerning this Subdivision: 2. #MPROVEMle TS.Subdivider agrees to instiall certain road improvements(both public and private),drainage improvements,signs,street:lights,the hydrants,landscaping and such other Improvements(including appurtenant equipment)as required In the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Condition of Approval for this Subdivision,and in conformance with the Contra Costs County Ordinance Code,including future amendments thereto (hereimifter`Ordinanc a Cods'). Subdivider shall complete said improvements(herainafter'Work')within the above complation period from date hereof,as required by the Callfomis Subdivision Map Act(Gov. Code,§§66410 at saq.)In a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior to the requirements of the oft=Code and rulings made thereunder,and where tam is a conflict arnong the Improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shat govern. 3, NPROVEMENTS SECURITY. Upon executing this Agreement,the SubdMdershail,pursuantto Gov.Code§66499 and the County Ordinance Code,provide as security,tc the County: A. For Paidom+arhce and Guaranine:$ -2#,PTCI•qP cash,plus additional security,In the amount of S ,r �,a .which together total she hundred gement(100%)of the estimated we of to Work. Such additional security is presented in the form of, Cash,ce ied check or cashier's check. x Aoeeptabie corporate surety bond. Acceptable Irrevocable tater of credit With this security,Subdivider guarantees pertarrnance under this Agreement and maintenance of the Workforone year afterhB completion and acceptance against anydefective workmanship or materials or any unsaflsfactory performance. B. For Payment: Security in the amount$ 1,©",Doc-" ,which is filly percent(50%h of the estimated cost of the Work Such security is presented in the foram of: Cash,cedfied check,or cashier's check X Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable later of credit (Rev.9/03j 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 materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in act =nos wU, Sections 94-4.406 and 94-4.408 of the Ordinance Code, 4. GUARANTEE AND WARRAN7 OF WORK. SubdMderguarantees that the Work shall be free from defects in material orworkmanship and shall perform satisiaclo,xly for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,`of the Ordinance Code,Subdivider agrees to comsat,repair,or replace,at Subdivides s expense,any defects 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 ESTABLISHMENTWORK. Subdivider agrees to perform plant establishment work for landscaping Installed under this Agreement Said plant estabitshmeskworkshal consist of adequately watering plants,rep#acing unsuitable plants,doing weed,rodent and other past controf and other work determined by the Public Works Department to be necessary to an sure establishment of plants, Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accept the Work as complete. 6. IMPROVI MIENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish to Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. it,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said Improvement plans prove to be Inadequate In any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. inspection of the Work andior materials,or approval of the Work andior materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof mmpilas with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,at payments therefor,crony combination or ail of these ads,shall not relieve the Subdivider of Its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and Indemnify the Inciemnhees from the liabilities as defined In this section. A. The Indemnitees benefl8ed and protected by this promise are the County and Its special districts,elective and appointive boards,comrnissfons,officers,agents and empkryees. S. The Ilablitii s protected against are any liability or Balm for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and Including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such fiablilly,claim or damage was urdoreseesbfe at any time before County reviewed said Improvement plans or accepted the Work as complete,and inducting the defense of any sult(s),aun(s),or other preceedi ft(s)concerning cerning said hate ties and ciswmr C. The actions causing flablHty ata any act or omission(negligent or riots-neglgent)in connection with the matters covered by ft Ag reemeni and attributable to Subdivider,contractor,subcontractor,or arty officer,agent,or employee of one or more of them. D. Non-Conditions.Theprombe and agreement In this section are not conditioned atdepandentonwhetherornotanyIndernnlaahasprepared,supplied,arapproved any pun(s)or specification(s)in connection with this Work or Subdivision,or has Insurance or other indemnification cowering any of these matters,or that the alleged damage resulted part, from arty negligent or willful misconduct of any indemnitee, S. COiSTS, Subdivider shell pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests,and other costs incurred by County staff arising from or related to the Work,and briorto acceptance of the Work as complete orexpirstion of any opplirablewsmanty periods, whichever Is later. 10, SURVEYS. Subdivider shall set and establish survey monuments In s ordance with the fled map and to the satisfaction of the County Road Cornm'sssioner-Surmyor Wom acceptance of the Work as combats by the Board of SupenhSors. 11, NON-PERFOR—MANCE AND COSTS.If Subdivider falls to complete the Work within the time specified in Into Agreement and subsequent extensions,or falls to maintain the Work,County may proceed to complete andior maintain the Work by oonfract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,Inspection,surveys,contract,overhead,et,)immediately upon demand. once action Is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs h umad by County,even If Subdivider subsequently completes the Work Should County sue to compel performance under this Agreemsentorto recover costs incurred in completing ormafntatning the Work,Subdlvideragrees to pay all attomey's fees, staff costs and so other expenses of litigation Incurred by County In connection therewith,oven 9 Subdivider subsequently proceeds to complete the Worts. 12. dNCORPORATIONfANNE1fAT€ON. lf,before the Board of Supervisors amepts the Work as complete,the Subdivision is Included in territory Incorporated as a city oris annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement andior any deposit bond,or letter of credit sacuring said right shall be transferred to the new or annexing city.Such city shell have all the this of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted will,. the city originally.The provisions of paragraph 8(indemnify)shall continue to apply in favor of the indemnftess listed In paragraph S.A.upon any such incorporatksn or annexeiion. 13. R=CORD MAP. In consideration hereof,County shall allow Subdivider to Elie and record the final map or pant map for said Subdiviskim 14. RIGHT OF ENTRY, Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any portion of the Work is to be Installed pursuant to the improvement plans,by County and Its forces,inducting contractors,forthe purpose of inspection,and,in the event o€non performance of this Agreement by Subdivider,completion andior maintenance of the Work. Form Approved by County Counsel [Rev.9103] HAFinaRla m-SubAgmt.9,03.wpd Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /1) ss. County of � ;2&=A On before me, Date Name and line o5 doer(a.p `3ana Doe,Notary Public") } personally appeared t>` Name a ai Signe:{s) X-S :personally known to me I Cwt proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-4s/are MAN L. I NM subscribed to the within instrument and acknowledged to me that he�ahelthey executed ctaftrria the same in �Itheir authorized Sf Costo Cwnty capacity(ies), and that by 44efitcr/their �� Uct 7,2=q6 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE�y hand d offic` l seal. Sipn N aty PuWie +� y (tt UFS F IONAL Though the information below is not required by taw,it may prove valuable to poisons raying on the document and could prevent 1 fraudulent removal and reattachment of this form to anothar document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: l Signer(s){ether Than Named Above: 7 Capacity(les) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General � z ❑ Attorney-in-Fact ❑ Trustee l Guardian or Conservator i ❑ Other: t Signer is Representing: 1 0 190 National Notary Association,•9360 De Solo Ave.,P.O.Box 2402*Ohatawodh,GA 91318-2402 www.nalinnalnorary.otg Prod.No.S9tt7 Reotder:Gall Tol4reo t-804-876.5827 THE CCi� ASU �,p� �py ��1ti.♦♦t✓I,ii�l{t� �r�V♦vi+;�yv�yn��+w`v`r•.:�w-.�.....- ... .... ... . GriJYRERn RR/'MEZ CALIFORNIA CENED FROM VRW'V`WLA oN i14N7104:R (For Cash Caiiedion Pmoodures see CouWy AdenieitraW's Bulletin 10&) DESCRIPT ON FUN /ORG. l� TASK AC V(TY AMOUNT 3 E ILI I I f f 1 I � i { n E r '1 tr ��J• �t to fj L %f�� Y (t1 f l f Y /J % W "'-d 4 <1, ji 144 E t C !?I. 49 E i r 1 EXPLANAT187— _ TMALWOW :� t cmufaft of!TMC faawhV i1lstc15 i COIN=W CURRENCY s ETC•. $ANK DEPOSITS $ KX AkMOR-Ct7l+I TAM USE ONLY PERMIT NLVV �� WE The amount of ftxxwyF described above is for Treasurer's receipt of above amount is ap� Rpt of above amouatt is hereby aeposit into the County Treasury. 1" rte- ( it/ EXT. Stoned. p6puty county AuQitor y County'ftnasuset D-34REY.(7-93) 0649-9665 / 831000: G 1158941, $88,325.00 Sub 8774, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC,313O Crow Canyon Pl. # 310, San Ramon, CA 34583 0649-9665 / 831000: G 1158947, $142.410.00, Sub 8775, Major Sub Civil Insp. Deposit, Windermere 8LC Land Company LLC, 3130 Craw Canyon Pl. # 310, San Ramon, CA 94583 0649-9665 / 831000: G 1158952, $137,240.00, Sub 8777, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 3107, San Raman, CA 94583 0649-9665 / 831000: G 1158956, MS 01-0003, R&S Homes, 10 Camino Monte Sol, Alamo, CA 94507 $694.54, Map Check $1 471.73PIan Check 0649-9665 / 831000: G 1158957, $2829500.00, RA 1151, Road Acceptance Civil Inspection Deposit, Windermere BLC Land Company LLC, 3130 Craw Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G115894O, $18,850.00, Sub 8774, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G1158946, $21,980.00, Sub 8775, Performance Cash Bond, Windermere. RLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G1158951, $29,720.003, Sub 8777, Performance Cash Bond, Windermere BLC Lana Company LLC, 31307 Crow Canyon Pl. # 310, San Ramon, CA 94583 0682-9752 / 819200: 01158945, $1.900.00, Vacation Applications of 418 Heald St., Crockett, J.P. Electric- Patty Caspers, 1508 San Pablo Ave., Pinole CA 94564 0648-9140 1 812100: G1158956, $4,276.00 MS01-0003, Mitigation Rev, R&S Homes, 10 Camino Monte Sol, Alamo, CA 94507 Executed in Duplicate Subdivision: SUB 8775 Bond No.: 4410154 Premium: $10,884.00 IMPRb NSN'T SECURITY BONI FOR SUBDMSICIN AGREEMT-N'T (Performance, Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL Op SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8775 ,as specified in the subdivision agreement and to complete said work within the time specifiedfor completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel reap for said subdivision. 2. OBLIGATION: Windermere RLC Land Company,L.L.C. asptincpal and. National Farmers Union Standard los Traure Qo �„=;z - , a carporaTion organized and existing under the laws of the State of Colorado and authorized to transact surety and severally b business in California, as surety, hereby jointly ind ourselves, our heirs, executers, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million Otte Hundred Seventy Six Thousand Twee and 00/100 Dollars($ 2,176.020.00 l for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Ninety Nine Tbousa nd and 00/100 Dollars ($ 11099,000.00 ) to secure the claims to which reference is made in Title }.'V (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION` 4 The Condition of this obligation asto Suction(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof merle as therein provided, on it or its part, to be kept and performed at the time and in the rammer therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. .4s part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable aPtomey's fees,incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered.. B. 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 Code, for materials furnished, labor of any kind, or for amounts due under the unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond, will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation:, to be awarded and fixed by the coup, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 ofDivision 3 of the Civil Code,so as to give aright of action to-them or their assigns in any suit brought upon this bond. Should the work under conditions of This bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further 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. SicNED AND SEALED on October 27, 2004 NATIONAL FARMERS UNION STANDARD PRINCIPAL' see Attached Signature Page SURETY: INSURANCE COMPANY Address: 3130 Crow Canyon Pl. , #310 Address: One Financial Plaza, 10th Floor City: San Ramon, CA Lip: 94583 City: Hartford, CT Zip: 06103 By: _See Attached Signature Page By: '<, Print Name: N/A Print Name: Ashley K. Ward Title: N/A Title: Attorney-in-Fact 1D M-.13P C.4rPr MEnS.ekPorn,tbN WCIfiIA$r f?nx IN SO. is,2004 WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-UBS WINDEMERE,LLC, a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: 71 "� David Evans, Vice resident CALIFORNIA ALL,-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October-28,2004 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ADINA hJ6 Cammisston# 1453610 �" '' Nniarv Public California .� al Orange county "Wm� ,my comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410154 Number of Pages: Three (3) Date of Document: October 27. 2004 Signers (other than those named above): Ashley K. Ward ..CALIFORNIA ALL-PURPOSE AC )WLEDGMENT No.5907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notwy Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward 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 behalf of which the person(s) acted, executed the instrument. _i JETAP�G�D!A�CA���Comm, 79729 WILD NOTARY PUBLIC CALIFORNIA WITNESS my hand and official seal. Drange Cauniy �' My C¢mm.Eepisas CC'.12,2UOE `i SIGNAT 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 5-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184• Canoga Park,CA 91309-7184 NATIONAL, FARMERS UNION STANDARD INSURANCE COMPANY [in the process of being renamed Quanta Indemnity Company) New York City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS:that National Farmers Union Standard Insurance Company[in the process of being renamed Quanta,Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: Ashley K.Ward of Irvine,California to be its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY hMII_ON AND 001100 DOLLARS($50.000.000.00)each, and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings,contracts,and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that.any.one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as,provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard insurance Company[in the process of being renamed Quanta Indemnity Company]has been affixed thereto in New York City,New fork this 26h day of Iylarch' 2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] rte:. By Walda Decreus,Assistant Secretary STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this lday of Marc 2004,before me,a Notary Public,personally came WALDA DECREU5,to me known,and acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company];that she knows the seal of said corporation;and that she executed the above Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation. 1Votwy.Public-StWe ofNe►w Yolk Nb'010147SM Notary Public Qualified In Vi Woho r Caunty My Cwzfi' ftolon Expift June$0,200. CERTIFICATE I,the undersigned,Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIII,Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 27 th day of October , 2004. By Martha G.fteinerman,Secretary i ice$ . ............................................ QUANTA IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and 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 influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90% of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR 10001 (Ed.4104) .Tax Collector's Office William J.Pollafcek ..625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O. Box 631j""' Russell V.Watts Martinez,Calffornia 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 { (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor ry r Date: 111312004 IF THIS TRACT IS NOT FILED PRIOR TO THE ©ATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER 1S VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 Ma# City T.R.A. 8775 SAN RAMON 56383 Parcel#: 223-090-006-6 222-090-007-4 223-100-057-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2008-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $5,714,700.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brae! 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. Security for this tract will be covered by the band for tract 8509 WILLIAM J. POLLACEK, Treas Urer-Ta C Ilect4r By: . RIDER. To be attached to and form part of: Bond Number .24004181 dated 8/20/2004 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of $5.714.700.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond is amended to included the following tracts: Tract 8509,Windemere,Phase IV Tract 8773,Windemere Tract 8774, Windemere Tract 8775,Windermere Tract 8776 Windemere DATE: ' BOND REVIEWED AND APPROVED Tract 8777,Windemere CONTRA COSTA COUNT`' Tract 8778,Windemere �, flLLEL t' y, Tract 8779,Windemere Tract 8780,Windemere It is farther understood and agreed that all other terms and conditions of this bond shall remain unchanged.. This Rider is to be Effective this 4th day of November, 2004 . Signed, Sealed &Dated this 4th day of November, 2004 . WINDEMER.E BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR DOMES OF CALIFORNIA, INC., a California Corporation, its Managing Member By: (Principal) David Evans, Vice President: LIBERTY MUTTUAL INSURANCE COMPANY(Surety) By: Rhonda C.Abel, Attomey-in-Fact CALIFORNIA .ALL-PURPOSE ACKNOVVL-EDGEMENT Mate of California County of Orange On November 5, 2004 before me, Dina Printy, Personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. "` n yypppp M1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 24004181 Number of Pages: One (1) _ -- - Date of Document: November 4. 2004 Signers (other than those named above): Rhonda C. Abel VI'ii�it L.Iitt9ltt P"fiio."a Va\i vvy..rt♦ wr....r..+v...ra., ... ... ::... ... ::,.: .:.:. .... .:.: ...... State of California. County of Orange On November 4 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.„"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNERS) personally known to me -OR - El 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 ASHLEY k.VWA behalf of which the person(s) acted, executed the instrument, AsriE�v it.WARn P { ) Commission# 1483685 Notary Public -Coii€ornio Cm.Expires Apr 3 6,�OCiB Orange County CommWITNESS my official hand and ocial seal. � SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL (❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) #❑ PARTNER(S) LI MITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIANICONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: ©ATE OF DOCUMENT NAME OF PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S•40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave„P.O.Box 7184•Canoga Park,CA 91309-7184 THIS PDWER OF ATTORNEY IS NOT VALID&.,sLESS IT IS PRINTED ON RED BACKGROUND, This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to f the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-Jaw and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANETCE MARIELLA*MYERS,JAMES A. SCHALLER,JANE KEPNER, MICHAEL.D. PARONO, JERI APODACA, PATRICIA H.BREWER,LEIGH MCDONOUGH,ALEXIS H.BRYAN,RACHELLE RHEAULT,ALL OF THE CITYOF IRVINE,STATE OF CALIFORNIA........................r.................................................................................................... each individually if there be more than one named,Its true and lawfulattomey-in-fact to snake,execute,seal,acknowledge and deliver,for and on its behalf as surety�and as Its act and deed,any and all undertakin, s bonds, recognisances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE`14�ti.UON AND CIW1?I 0 "`** DOLLARS($ 1?S,tfi3D,000.60—*« )each,and the execution of such undertakings, bonds, recognisances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. I Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, 1 execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'G r attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their U signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be 4 I y as binding as If signed by the president and attested by the secretary. ! C4 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .amu ak Pursuant to Article X111, Section 5 of the By-Laws,Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby «y�. authorized to appoint such aftomeys•in-fact as may be necessary to act in behalf of the Company to make, execute,seal, acknowledge and I deliver as surety any and all undertakings,bonds,recognisances and other surety obligations. O cm ar That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 4,,Ul , y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of JaniaaN 0 � 20174 � LIBERTY MUTUAL INSURANCE COMPANY y� Garnet W.Elliott,Assistant Secretary �+ (D CbMMUNWEALTH OF PENNSYLVANIA as � 010 COUNTY OF MONTGOMERY tt C On this r day of Jury before me,a Notary Public, personally came�arrls#W. Fill=,to me known, and acknowledged �4)O•" that he Is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. Ops yti 1N I EST#MCINY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year IW is first above written. y ONW .:.cv Co > 5w Ca Rkstars f tis�i //)} E N t w yY"„r 3ctrxsa F'rtaie E>ia,hdui iy Fu34c ,// G C'7 J a�: S7 ; O 11/mouln Twp..MorrtgtarnEyry 0."111 to r3 Ahy comrrsis¢4 n EXPOW)Mar,28 2Sk�r, BY "4 t�mh ,r�yanirM Aaia�isrr nt i�{a ar' Ter sa Pastella,Notary Public �# CD CERTIFICATE 0 F r' 1,the undersigned,Assistan rotary of Liberty Mutual insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article X111,Section 5 of the Bylaws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsirnlle or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual lnsurance Company at a meating duly called and held on the 12th day of March,1880. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company In connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manualiy affixed. lt+,TOESTTIIf ONvem Y WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of ri. By Da, M.C�aycretary NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT 4F 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Croup for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism's as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LAC-6539 2.103