The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05112004 - 2004-672 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:UINIER AAD G=NBERG NOES: NONE ABSENT: ,ii-PERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 672 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08778, 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 04-08778, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, L.L.C., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: 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\EngSvelBO\2004\12-14-041SD 04-08778 130-21.doc LT:rm taken and entered on the minutes of the Board of Supervisors cc: Public Works—T.Hell,Construction on the date shown. Current Planning,Community Development T—October 14,2005 Windemere BLC Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 ATTESTED: DECE14BER 1.4, 2004 Aal Farmers Union Standard Insurance Company Brian Olin National 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 505 S.Main Strcei Suite 830 Orange,CA 92868 By Deputy Attn;Patricia H.Brebner RESOLUTION NO.2044/ CUP SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08778, 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: $20,940.00 Auditor's Deposit Permit No. 434613 Date: November 16, 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: 4410157 Date: October 27, 2004 Performance Amount: $2,073,060.00 Labor&Materials Amount: $1,047,000.00 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 map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 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 Bond 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. RESOLUTION NO. 2004/672 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 04-08778, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 2004/ 072 for Subdivision 04-08778, approving the Final Map and Subdivision Agreement, being 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 04-08778 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. Continued on Attachment: SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR m, _RECOMMENDATION OF BOARD COMMITTEE -,-APPROVE OTHER SIGNATURES : ACTION OF BO ON DEC'EffiFR 7 Ley 2OQ4 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS V copy of an action taken and entered on the xx UNANI.MOUS(ABSENT } minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: G:\G:pData`.EngSvctBO�2004\12-14-041SD 04-08778 Order.doc DECEMBER 14 2004 Orig.Div: Public wort(ES) ATTESTED: coots«: Teri e ors—363) JOHN SWEETEN, Clerk of the Board of cc: Publicc Works T.Bell,Construction Current Planning,Community Development T—October 14,2005 Supervisors and County Administrator Windemere BLC Land Company,LL.C. 3130 Crow Canyon Place,4330 San Ramon,CA 94583 Attn:Brian Olin 7-y National Fartners Union Standard Insurance Company By _ -_ ..Deputy One Financial Plaza,10'"Floor ��"�"f`, Hartford,CT 06103 Attn:Ashley K.Ward Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Patricia H.Brebner a5Q5An < ..,3 aE a W W z so ti F k! 25i r(� ILE 4. to < CL F :X �yT�y S ee�� pO FV �A R yy,,,•yy��b V) �" WO V�6i0 S. IS EE p�m�{ - fJ wig > r�2�++, y} ¢mow��11ff''b FtyQ?N Eli Ci w 2sd!'; DQg"�� S Z O E g 68 �ow 19 asgig! I 2jw 01 9 d. W < g L $ 1 _ _ %t Y k ZVI �S -4 t +4�(. Y M� rd„ WV0 V� MA d r � lap sill ot iD> d 7k tj d '72'ui d N r W N y�, Is oil eelz Ng WWall 0 Wit I t 6 w C� •w V) W 25 J I /w8b 5� U5 iQco (cn v' r �P� N � Y' �� Ofpf� t1Y »y uN'5 rv� r m N 03 J j �frte. d xvIA Aanm u7 co 1 co 0 t12 D m X727 jnt9 3„tt,t{55N ��1�3�0� $�'.�r'do`�"',r``1r�.8��. `�.1"�D','.err`•.�.!�J3'r��s'I��,�:��vF-^t�+' ”" ��3 to f� p'm`t tti�' KS N 1w4 �.yIC � IIs � 83$48$8$ zz t y. a�J # N . # v ✓= LJ !ze `_`; CCS T,.:�� I • �`°� � I� � 511 fig 1 1 1 g r,t! Nt Kt 6;/ 4 �1 4 (t-.0).4Z'09 I LO CO:2 ...,, try 1 �I . M,94,St.4£N I D0'ZLt M,9t,St,4£N ~z �~ I 00'Sll ( z� CD CC) .^ �` 'tii ^ I i } 3nl,00'6f K W -• LAJ [TJ M,9t,6},t€N I I I 00,ZL4 M.9t,Stt£NLO m LO C" 30d,00'6--1 mf `e!' a,i v5 00 00'Slt �--3nd.00'6 �� f M.9t,S4.4£N � z i 00'Ztt M,9l,St-t£Nco I ,DO'Stl qq I I M,91,S4.t£N iS�` vl M,9t,9tt£N u it I ,00711 M,91,S4.4£N 00'Sii at CO M„9i,5t-4£N I n tl ,9i,Z4.5£N CCS i .0071t M,9t,9t.4€N \ M,9itZt.S£N I u _zrj i cc / m v �r Ln S a 9 133HS 33S is EMU ?3 4 I I ri ra c w 2 r 2 < •�� N ; i I ago ass ati3 mz� 8 I tom _ W N35'42'111 Rn a a a x r �a ✓�'�� ARS 33S I � � LO E cn co s ci Pl3s M,9i,54.4£N I f { �< -97T T I I N35'42'18" R G ry n 170 F I 00'bLt M,9t,54.4£N 115.16' n a 36.001 4 wnLAJ T` oo'stt i� { tCy w a0 ,�� LAJ N36'47`46'W 6aJ 9L'4Lt M.91,54.4CN 115.009.00'PUE LO LO civ r 00 tL7 �w ti� �' '�► 1 k,93,54:4£N I °51 as 'e i I tiG and,00'6--1 I a N36'47'46"W a Cat7Lr) CD F i 115.00 N ui cc w " I I 69'LLt M,9t,S4.4£N CV ( 7— h-3nd,00'6 w$N 00 M N Cj Lt0 k"9t S4t4£N I 00 t4CO a a k tD N3647"46`W 1 115.00 1 00 G7 I 65"09t M 9t,44.4£N `� to I I w 00'Sit 1 I w°' 36.00'_ l00 I C:) M,9t,94i£N i w{ to cn z tt? i/f r� i +It 95 i z N41'22'27"6 R i` 1 W CV 1� I LAJ 116.15 1 1a0g 1 t// 37.9 4 L4'£9l N ,E095.4£N K Sg,Od ` U-) \ N37 2B`29" R 1 W00k 115.71' � + 1 I ?rr�1yam, v``31 ICY LQ p7 i 36 O(1 i pq 11lpp U) m � l� � '� �.5� y� � �fy_ .�w��aD5�"n1"✓+..�wiTi � mt`z't"ra"��iR'i �`�r,��'t cz Isne m z� ! � 6 133HS 33S " m ! i i 1 r Cv t 1 CD ct m ,89'961 3„£Z.£t.9LN rs r� 6 3fld 00'6-a ( M-3nd,06'6 1. W 1 00.gl1 L4'L6t 3.£Z,£t.@LN 1 CJ I 3,•£Z.5.0 ol 0 � 1* a- � 1 LO � M1 _ C4 V �( C77 o CT) N I a W I p " S CO U-) L 4 W o Yd I LO CWT) (/f "t 1 AQ 9£ 6Z I z ,Ll'0DZ 3„CZ,£&N N72.2132"ER r�.�+ra u,1 aoG C14 41P tt7 3-11 s � o � a \ w r� 3A CNca x *, \ r �t AO CO cc T— 1 t4 „�4 y�e's. .•" s T`-- �1c 112 Tl— tt iir .��, ` 8 S Tlrn ray W��m� � � N ��'��••�� 1�j jj� Wit m r � �ii. Q� O W SS Nii d�� Me Q mc Tl- CD u3 ,yam ✓o ul LU Lal 0) ? r U7 Vis# ati51,�v4 Cv Z�f"�'3g. cyai Lt) co 110 Go a� }� �3 o � i 00 w ' "� e, rel w n ��'L3� 6•. ey. rr x aX`c+ �"' ✓ ° \ uj ui �a �fl Fri c•l QI N40�iZ�R F+ 6 Ln Nt `A v��Ch I N •J'�t rll C"�I N ;oo•Se `�s�, >: t NG" i ! 3.*lX £9N 99'£9t 3Jt LLGN 31s/30dOnd,00.6- r � 3�/3s/�at/3nd,00 s r I C) tc-) ------ — — kryk�i ! .�Y _L 6Z'96 __ ____ ,Lti'4iZ 3,W,tL94N` +� t� 'ry'1�' <�'rdy` 2.KZt.£9N v ——W 'et az AVM GOOM83HS -- --------------- ------------- C\3 k 133HS 33S S 133HS 33S N r , C rj rt w dh ca o ui g $ 04 Ile tis Nt tC) Sd 'P�i LO r� tis t i M94 3TO,W.Z*N 1 Ad' -,0t7'S£" E N 3.St.tS ttN and,4a'" y„ 1 cri L asl ccmRSco �� i;r3 �a� � Cat i LAJ _ f �� ML j 3,T*-IZtN �j L 1 3„tO,K.Z4N + (1) W � �v W 1 to co M LO l� 1 h-3N.40'8 Ot'Ztt A0t3Zj"009E121 Z01W t¢3,tt,05.ZtN � 21 „bO,iS.ZtN ,n 1 1 1Lo 04'OZ ".tkt'9f" C” tL Y 3,ZZ.$1 bbM p3 s 00,911 r { 1 3„ZZ.W"N v � } 0Z 9f 1 z 3, LO ,009g5 TI tt'S � `d.Sf'8t 33`t '�`�8 `-L i:}•_ 1 ^a 1 SF! .21.F9M Cit om7 3�s cc -Kt CO y r it S F�'4f' 0 RNA eel art, * Jill% o� i I vm El �{ { � I '� r ON j j 6 107 1 L M O 1N AV IZ0,01 J0,01 Z0,01 9 9 go Lia } CW 43) 00 t. Ln L—n SF �n {� 11'ZLb M,1£,9biik 9£O9 M 1£,91.1tk_ i 60 411 uj C �W W),£S'204 M L£,9l ilk (W�W),1666 M L£,9LiiN_�y{W-W)<�'g1 W 1 1849£ £91.11k j "F`"C'c', Lyti 90 �J f ry 9Z'S1 `� °'c' f CtJ _ g aid °s. 9 -3tld,Oa Ff'> �� W € I � � > c°J� i I Lr) 4� ` (, C1^-a to NT �r riLm >ti +� to I �m z �s 00'911 M,1£,9i.lik I !918 LAj 1LAJ �I £il 1N I 1 $I LO I 3 Ww{ M.1L,94iI {-31?d.008 and,00'6-+� { M.a'sLitk N G(;}1 (g iL W 00'0 ,OC'4£_ 1 t251 06 t W d .96,b SokLAJ Ca.3 SUBDIVISION AGREEMENT (Gov.Code,§§85462 and 66463) Subdivision: $77 Effective Data. Subdivider. Wibi ea-tte-mg-1 t.�CZ14"Va. r" L.L.G. . Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company CONTRA By:LEN-013S Windemere,LLC, CONTR A COSTA CM. u, C ' Works Director A Delaware limited liability company Managing Member BY:Lennar Homes of California,Inc., By: Managing Member RECOMMENDED FOR APPROVAL: (signattrre} I -ofm x.- (print name&title) an 'arson,'Vice President } ,� 6y: �, � �,r FV (signature) ngmeenng rvrces rvawpr,� (print name&ti le}Darleen Carpenter,Afst.Secretary FORM APPROVED: Silvana B.Marches!,County Counsel TEMB90M tures must be acknowledged,if Subdivkter is incorporated,the asntractby two offrrrs.Tha first atgnstute must be that of the chafmhan of the,orvioe-president the second a3gnahrre must ba that of @he aeaetary,ry,chief tinanaal officer,or assistan±treasurer.(Civ.Coda,§ti90 and Corp.Coda,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below,before me,the undersigned Notary Public,personalty appeared the person(s)signing above for personally known to me for proved to me on the basis of satisfactory evidence)to be ft person(s)whose name(s)Were subscribed to the within instrument and acknowledged to me that hatshelthey executed the same in histhor/their authorized capacly0es),and that by histhadtthelr signature(s)on ft instrument the parson(s),or the entity upon behalf of which the person(s)acted, executed the instrument, WITNESS my hand and official seat. Dated: Notary ukiic (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County')and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to insta&certain road improvements(bath public and private),drainage Improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required In the Impmvemant plans for this Subdivision as reviewed and on Newlin the Contra Costs County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in oonfomhen sr with the Contra Costa County Ordinance Code,Including future amendments thereto (heralnefter`Ordinance Code`). Subdivider shelf complete sold improvements fheminafterNVoee)within the above completion period from date thereof,as required by the California Subdivision Map Act(Gov. Code,§§88410 at seq.)In a good workmanlike manner,in accordance with accepted construction practices and In a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and whore there is a conflict among the Improvement plans,the Conditions of Approval and the Ordinance Coda,the stricter requirements shall govern. 3. IMPROVEMENTS SECURItY. Upon executing this Agreement,the Subdivldershali,pursuant to Gov.Code§SU95 and the County Ordinance Code,provide as sacurfty IV the County: A. For Performanceand Guarantee:$ Zts,940.2' cash,plus additional security,in the amount of$ 7,PT, .",which together total one hundred percent(t 0o%of the estimated rpt of the Work. Such additional security is presented In the form of: Cash,certified check or cashier's chock. X Acceptable corporate surely bond, Acceptable irrevocable letter of credit With this security,Subdividarguarantees performance underthis Agmementand maintenance of the Workforone year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 9. For Payment; Security in the amount 5 I,o47,000 °-Q,which is fifty percent(50%)of the estimated cost of the Worn Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable tetter of credit [Rev.9/031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its suboontractors 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 Boanf of Supervisors and upon request of Subdivider,the amounts heli as security may be reduced in accordance wb Sections 944,406 and 94-4.408 of the Ordinance Code, 4, GUARANTEE AND WARRANTY OF WORK, Subdividerguarantees that the Work shall be free from defects in material orwarkmanship and shaft perform satisfactorily fare period of one t1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 564,6,`Acceptance,'of the Ordinance Code.Subdivider agrees to correct,repair,or replace,at Subdivider'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. .. PLANT ESTABLISHMENT WOR K.Subdivider agrees to perform plant establishment work forlandscaping;Installed underthis Agreement Said plant estabiishmentworkshag consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other past control 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 accepts the Work as complete, 6, IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if,at any time before the Board of Supervisors accepts the Work as complete or during the one yearguarantee period,said improvement plans prove to be inadequate In any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as pmmisad. 7. NO WAIVER BY COUNTY. inspection of the Work andlor materials,or approval of the Work andlor materials or statement by any officer,anent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,for payments therefor,or any combination or all of these acts,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#allure to comply with any of the terms and conditions hereof. 8, INDEMNITY. Subdivider shall defend,hold harmless and indemnify the Indemnitees from the ilabfilties as defined in this section. A, The indemnitaes benefiffed and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The flalogh protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and Including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before county reviewed said improvement plans or accepted the Work as complete,and Including the defense of any sutt(s),action(s),or other proceeding(s)concerning sold liabilities and claims. C, The actions causing fieblfity are any act or omission(negligent or non-neg;Hgent)in connection with the matters covered by this Agreement and atfdbutabia to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Conditlons.The promise and agreement in this section are notconditioned or dependent on whether or notany indamriftee has prepared,supplied,or approved any plants)or spedficabon(s)in connection with this Work or Subdivision,or has insurance or other Indemnification covering any of these mallets,or that the alleged damage resulted partly from any negligent or wiltiul misconduct of any indernnf ee. 9. COSTS. Subdivider shall 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 priorto acceptance ofthe Work as complete or expiration of any applicable warranty periods, whichever is later, 10. S 3RM .Subdivider shall set and establish survey monuments in accordance with the irad map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. it. NON-PERFORMANCE AND COSTS. If Subdivider tails to complete the Work within the time spadfied In this Agreement,and subsequent extensions,or falls to maintain it* Work,County may proceed to complete andlor maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(Including,but not limited to,engineering,Inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by Courtly,even If Subdivider subsequently completes the Work Should County sue to compel performance under this Agreement orto recover costs incurred in completing or maintaining the Work,Subdivider agrees to oey sit attorney's fees, staff costs and all other expenses of litigation incurred by County In connection therewith,even If Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNF TION. if,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a*arts annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement and/or any deposit bond,or letter of credit securing said rights shall be transferred to the new or annexing ally.Such city shall have all the rights of a third party benefic'saty against Subdividsr,who shall fulfill all the terms of ibis Agreement as thought Subdivider had contracted with the city originally.The provisions of paragraph 8(indemnify)shall continue to apply In favor of the Indemnlees listed in paragraph B.A.upon any such Incorporation or annexation. 13. RECORD MAP. in consideration hereof,County shalt allow Subdivider to file and record the final reap or parcel snap for said Subdivision, 14, RIGHTOF-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,Including contractors,for the purpose of Inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel (Rev.9103; HAFinahPMLW-SubAgmL9.03.wpd Page 2 of 2 CALIFORN1A ALL-PURPOSE ACKNOWLEDGMENT State of California j County of � T ss. On '�C cv t before me, rffx.� rFRrt> f ks f�l� Si, ,, c Date Name and Title of Officer 18.91,"Jane Doe,Natary Public') r I personally appeared E�4=t Name(s)of Signer(s) X personally known to me proved to me on the basis of satisfactory evidence b Ato be the person(s) whose name(s) -is/are 1 �� { ob subscribed to the within instrument and 1 Comff6don#1378W acknowledged to me that halshm/they executed t4otCWY Ptd -CoNtomilo the same in iis,'her/their authorized Contra Costa County capacity(ies), and that by it/their WCorm.E)q*w Oct7,20C)b signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS)my hand wd offi ' 1 seat. J &tureN ry Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: E. Individual Top of thumb here ) ❑ Corporate Officer— Title(s): C Partner—❑ Limited ❑General C Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: 1 Signer Is Representing: ! 01999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatewonh.CA 91313-2402 mmnatlonalnotary.org Prod.No.5907 Reorder:Cali Toll-Free 1.800-876-6627 OFFICE CSF CCJtk1'f i'AUDITOR-CONTR+ LLS HE TREASURER: MARTINEZ,CALIFORNIA :CEIVED FROM ORGANIZATICN*t NUMBER (for Cash C.all.1h t P..duras$ee C.-UntY AdnVrvsttot S&diced.105.) DESCRIPTION IPUND/ORG CCT L+ TASK C pmON ACTIVITY AMOUNT ,LtK4 IA 1,`'• '"� r t f. r` { f i { t vrrrc { IL r { { { a 1 I G is c. ') .;7 llvv� h"Ir '' r ( I { { { I { EXPLANATION: TOTAL S { DEPOSIT Deposit cats of the following items i COIN and CURRENCY $ CHECKS,MkL ETC $ - - - &ANK DEPOSITS S j K)R AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 44346 If 14 ASSIGNED - The amount of moray described above is for Treasurer's mmi f above:arromt is approved, Receo of above amount is hereby deit into the County Treasury. ocirrowvW� / r � '1/ Date d: i 3 t Cour Treasurer T 7 f r EXT. Y County D-3A REV.(7.93) ` �i►EF#i�►#lI FIEIKiI�### CtFFICE OF COUNTY AUDITOR-COWROLLL*- D THE TREASURER MAkTiNEX,CALIFORNUti ECEIVED FROM ORGANiZATON NUMSER 4-5-6 L-� 4rw Casts Collection Procedums sea County Aciminisivokov's Bulletin 105.) DESCRIPTION FUND/ORG ACCL TASK OPTION ACTIVITY AMOUNT f € 4I I A, I I t I IJ L� L, F" 1 j 1 c"Y /— �. ��l tEl 2 t f � t ( ✓�7 { � , MCI 2227 EXPLANAMN: TOMDEPOSIT Dom#consists of the following stems I "A /; " ;, arcs CURRENCY $ BANK DEPOSITS $— — a FOR AUDITOR-CONTROLLERUSE OtsLY DEPOSIT PERMIT DpNUMBER i. ASSIGNEDf Z z The amount of Bey desct`sbed above is for T ' , is receipZabove is approwed. Receipt of above amount is hereby d1posit into the County Treasury. wiedged Si i,.,;�'„�_,®,_.. ' 1 Dale!; 1ft!,, ignedcEXT. Lj. - County Treasurer D-34 REY,(7-93} 1 4 f 1 0649-9665 / 8310000: 61140538, $500.00, R52959, Record of Survey Deposit, John C. hover, 3708 Mt.Diablo Blvd, Ste 100, Lafayette, CA 94549 0649-9665 / 6310000: 61140539, $500.00, RS'2960, Record of Survey Deposit, Diana Bryggman, 140 Post Rd., Alamo, CA 94509 0649-9665 / 8310000: 61140540, $500.00, R52961, Record of Survey Deposit, Robert A Devries/ Bar R.D., 2240 Railroad Ave., Livermore, CA 94550 0649--9665 / 8310000: G1140541, $500.00, R52962, Record of Survey Deposit, Madeline Tam, 440 Camelback Rd., Pleasant Hill, CA 94523 0649-9665 / 8310000: G1140543, $1,154.64, MS 22-03 Plan Check, Paul D. Christensen, PCS Box 649, Alamo, CA 94507 0649-9665 / 6310000: 61140544, $1,000.00, MS 19-00, COA Check, HL Harris Ranch Account, 1545 Rockville Rd. Suisun, CA 94585 0649-9665 / 8310000: G1140549, $97,730.00, Sub 8778, Major Sub Civil Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61140545, $62,000.00, RA 1151,Performance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94553 819800-0800: G1140548, $20,940.00, Sub 8778,Performance Cash Band, Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0682-9752 / 819200: G1140542, $300.00, Parker Avenue Underground 357-111-009, David Johnson, 686 Parker Ave, Rodeo, CA 94572 0682-9752 / 819200: G1159254, $1781 6.00, Road Trust Mtce Fee, Sub 8716, Brookfield Savoy, 500 La Tonda Way, Ste 100, Danville, CA 94526 Executed in Duplicate Subdivision: SUB 8778 Bond No.: 4410157 Premium: $10,365.00 WpRovEIVt n SEcuRrry BONIER FOR SUBDIVISION AGREEMENT (Performance, Guaran ee and Payment) (California Government Code §§ 66499 -66499.10) I. RECITAL of St3>3tiIVISION AGREEMENT: The developer(principal)his executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other unprovements in Subdivision. 8778 ,as specified in The subdivision agreement and to complete said woe,within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Windemere BL+C Land Company, L.L.C. as principal and National Farmers Union Standard Insurance Company , a corporation organized and existing under the laws of the State of Colorado and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,California.to pay as follows: A. Performance axed Guarantee: Two Million Seventy Three Thousand Sixty and 001100 Dollars (S L073.060.00 j for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: -- - --One Million Forty Seven Thousand and 00/100 Dollars ($ 1,041000.00 } to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division l;il!of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, orprincipal's heirs, executors, administrators,successors or assigns,shall in all thiDgs stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employaes,as therein stipulated,then this obligation shall become null and void.; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or t Ity assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any iudgement rendered. S. 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 famished, 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 crry assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title IS(commencing with Section 3482)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bund 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 itselfboun.d without regard to and independently of any action against the principal whenever taken. SIGNED 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 zip: 94583 City: Hartford, CT Zip: 06103 By: See Attached Signature Page By: L4 A Print Name. NIA Print Name: Ashl!X K. ward Title: N/A Title: Attorney-in-Pact JD-mw sip G ZrDzmEnjSvcTarnMBN wORD&N-0 hoc Ito..Sepgrbcls,�aau WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: David Evans, Vice Pr sident CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT" State of California County of Orange On October 28,2004 before me, Dina Pring, 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. "' ""'"` °IN Cornrnissicn#14 Notary fubiiC Ca4i#btf4ld jw� orange Cou ng 2W7 ny"ramrn.ExrireS Nov w," OPTIONAL. Though the data below is not required by taw, 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 Domes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410157 Number of Pages: Three (3) Date of Document: October 27, 2004 Signers (other than those named above): Ashley K Ward CALIFORNIA ALL-PURPOSE At OWLEDGMENT No.5907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notary Public MATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to rite 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. JERI APODACA Comm.#1379729 in NYOCT"#v?ue�ic'cAiifOANIA WETNESS my hand and official seal. Orange Countl ,l My Comm.Expuas Oct.t2,2i#D6 SlIP4ATURE 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) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING. DATE OF DOCUMENT NAME of PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmat 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 Attorney(s)-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 MILLION AND 00/100 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.anyone 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 ttorneys- iufact 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 York this 26a`day of March.2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary ..• neo r Tari r' STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 2e day of arc ,2L ,,before me,a Notary Public,personally came WALDA DECRELTS,to me known,and acknowledged that she is an Assistant Secretary ofNational 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. cam E.cirmla Notaly PuNIC-Stole of New Y0* No,010314769 Notary Public Qu aw County My Cotrtmission fir Juts$U,2006, 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. `merman,Secretary as iN69 3 atWN--TA 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 fife, 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.4/04) VOID AFTER 12131/04 11/3/04 FATCO $42 87 Tax Collector's Office William J. Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 160 P.O. 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 Tax Operations Supervisor Date: 11/312004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# City T.R.A. 6778 SARI RAMON 66383 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 2003-2004 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 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. Security for this tract will be covered by the bond for tract 8509 WILLIAM J. POLLACEK, Treasurer-Tax liector 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 9 Tract 8776,Windemere DATE: Tract 8777 Windemere BOND REVIEWED AND APPROVED Tract 8778,Windemere CONTRA COSTA COUVTV Tract 8779,Windemere T t3LLEs�t+� Tract 8780,Windemere It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This hider is to be Effective this 4th day of November,2004 . Signed, Sealed &Dated this 4th day of November, 2004 . WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, itssMMannaging Member By: (Principal) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) Rhonda C.Abel,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKN0VdEDGFMENiT1. State 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. `> AO r , 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 CALIFORNIA ALL-PURPOSE AC 'OWLEDGMENT No.5907 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 SIGNER(S) ® personally known to me -OR- i❑ 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 Ar` ASHLEY KWARD behalf of which the person(s) acted, executed the instrument. . -t Commission# 1483685 Notary Public -California �. Orange County WITNESS my hand and official seal Niy Comm.Expires Apr 16,2008 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-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 THIS POWER OF ATTORNEY IS NOT VAUD tedLESS IT IS PRINTED ON RED BACKGROUND. 1450865 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the 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-law and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANETTE MARIELLA-MYERS,JAMES A.SCHALLER,JANE KEPNER, MICHAEL.D.PARIZINO, JERI APODACA,PATRICIA H. BREBNER,'LEIGH MCDONOUCH,ALEXIS H. BRYAN, RACHELLE RHEAULT,ALL OF THE CITYOF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually if there be more than one named,Its true and lawful attomey-in-fact to make,execute,seal, acknowledge and deliver,for and on Its behalf as surety and as its act and deed,anyand all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE:MILUON AND 00!'100"* ********" DOLLARS($ 175,000,000.00" )each,and the execution of such undertakings, bonds, recognizances 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 X111-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 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 attomeys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such Z U) 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 Old, signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C as binding as if signed by the president and attested by the secretary. 39 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: ar.mow y' II Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby � 1 authorized to appoint such attorneys-In-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and 3 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. C ra E 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ID UJ > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 'O` E Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January o 2004 ra O� I +` LIBERTY MUTUAL INSURANCE COMPANY 'Cs Garnet W.Elliott,Assistant Secretary 4 o ay" COMMONWEALTH OF PENNSYLVANIA ss (U) COUNTY OF MONTGOMERY {O L t S On this 22nd day of January 20 before me, a Notary Public,personally came Garnet W. Elliott,to me known, and acknowledged ,k 4 O.S that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above3 EV Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. > i O t0 `"' ` 1N TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 04 0 first above written. �+MW G` ""to x, vassiia: ea! If�GGi� C�tl� N Tr rwa Pax alit,NUary Put,3 Q }' €F f Pinn u54 rC A orrtpurr e y C.r Jflty I �y Z MY'tx yr asU r Ext)!e� mar.U,2006 i - - 00 s ersa TPasteila,Notary c 0 CERTIFICATE Ry Publi". tvtemtrz.,Psi,7„ylvnni,.fisoac at€rm ai Nattzric� � f �r 1.0r � 1,the undersigned,Assistan ecretary 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 XIII,Section 5 of the Bylaws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Cornpatiy at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of ativ assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN_TESTif(ONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of Nevem er 2004 ti, "`+YRrsr3 Dav16 M.Carey,Ass' 't Secretary NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 902(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. LNUC-6539 2/03