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HomeMy WebLinkAboutMINUTES - 07132004 - C.25-C.29 4. eve , f at the CONTRA COSTA Co Recorder Office Recorded Contra Cost County of: STERN L. (HEIR, Clerk-Recorder Board of Supervisors DOC— 2004-0269,355-00 Return to: Wednesday, JUL 14, 2004 10:16:56 Public Works Department Engineering Services DivisionR� $0.00 Tt I Pd $0,00 Nbr-0002231043 1 rc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted.this Resolution on July 13, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLU`T'ION NO. 2004/ 373 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road for Road Acceptance RA 00-01104 (cross-reference Subdivision 7984, San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Road Acceptance RA 00-01104 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JY:rm G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1104 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 I hereby certify that this is a true and correct copy of an cc: Public Works -T.Bell,Construction Div. -J.Ysmael,Engineering Services action taken and entered on the minutes of the Board of Shapell Industries of Northern California Supervisors on the date shown. 100 North Milpitas Blvd. Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Gold ATTESTED: ,JULY 13 2004 National Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste.200 JOHN SWEETEN, Clerk of the Board of Supervisors and Woodland Bills,CA 91367 County Administrator City of San Ramon Attn:Chris Low 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 By , Deputy RESOLUTION NO.20o4/ 373 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road for Road Acceptance RA 00-01104 (cross-reference Subdivision 7984, San Ramon(Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANKJSURETY September 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $50,300.00, Bond No. 929247996 issued by the above surety be RETAINED for the six month lien guarantee period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Road Acceptance RA 00-01104 are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and maintenance period,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No. 391840,dated August 22, 2002) made by Shapell Industries of Northern California and the performance/maintenance bond rider for$14,925.00,Bond No.929247996 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUGION NO. 2004/373 Executed in Triplicate RA 1904, Gale Ranch 11, XREF SUB 7984 CNASURETY increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number 929 247 996 Issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Shapell Industries of Northern California, a Division of Shapell industries, Inc. of Milpitas, CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obiigee,effective the 14th day of August, 2002. IN CONSIDERATION of the premium charged for the attached gond and other good and valuable consideration it is understood and agreed that effective the 12th day of May , 2004,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the same is hereby decreased from the sura of Ninety Nine Thousand Five Hundred Noll 00"", Dollars( $99,500.00*** _) to the sum of Fourteen Thousand Nine Hundred Twenty Five No/100"°" Dollars( 14, ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggreggate liability of the Surety for any lass occurring prior to said data shall not exceed the sum of Nine Nine Thousand Five Hundred No/100*** Dollars;Sg zit}00*'�.) or for any loss occurring subsequent to said date shall not exceed the sum of Fourteen Thousand Nine Hundred Twentv_Five Noll 0*** Dollars($14,925.00x"_ 3 In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums,it being the intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 13th day or May_, 2004 Accepted By: Shapell Industries of Northern California, a Division of Coun of Co Cos Shapell Industries, Inc. (Principal) 9 . B �7,•�'l,�t.�'c'1 (Basi) J 'C� TRLT>✓BP.IDGE, ASST. V.P. A ETT COx, ASST. SEC. National Fire insurance Company of Hartford ZZ ty) E3 : � (Sea!) Pamela L. Stocks Attorney-in-fact SUR-23 i S9-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L. Stocks,Beverly A.Hall,Sandra V.Hanner,Individually Of Sherman Oaks,California their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. a Continental Casualty Company (fD'04 � National Fire insurance Company of Hartford eta t. American Casualty Company of Reading,Pennsylvania State of Illinois,County of Cook,as: Michael Gengler Group Vice President On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said Instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL fiit=AL' " ��• f IFS • i Wre=d ait1 • My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By=Law and Resolution of the Board of Directors of the corporations printed on the;eyeMe hereof is stili in force. In testimony whereof Mhave hereunto subscribed my name and affixed the seal of the said corporations this f�tn day of 00 tyCt , Continental Casualty Company National Fire` �` a► AInsurance merican Casualty Company of Readigof ,PPennsylvania v SEAL •r :' 1891 (Rev. 1123/71) Mary A.Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE HOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Croup Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and seated and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article W3 xecutlon of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act In behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-In-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vi of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-In-Fact to act in behalf of the Corporation In the execution of policies of insurance, bonds,undertakings and other obligatory instrumentsof like nature.Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Croup Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary.and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of -- Califo nia_ County of Los Angeles On May 13. 2004 before me, Sandy Hanner- Notary Public Date NAME,TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( ) personally known to me – OR – (—) proved to me on the basis of satisfactory evidence to be the person(m) whose name(4 is/Aw subscribed to the within instrument and acknowledged to me that timdshelfhegr.executed the same in bdw/her/ftIc authorized capacityoee , and that by /her/!M signatura(m)on the instrument the person(), or the entity upon behalf of which the person(si acted, executed the instrument. n. -� ..– -. – WITNES Jmy hand and 0 tali seal. BANDY n#13ER _ Commission�1362l57 Notary Public-California SIGNAYURE OF NOTARY Los Angeles County 4*My Comm.Expires Jul 2,2006 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 (.e} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (a. ) PARTNER(S) (r) LIMITED (—) GENERAL ( ) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (__) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) -__National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-107426-8 NOTICE In accordance with the Terrorism.Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firamen`s Insurance Company of Newark, it'd', and The Continental Insurance Company. CLOSURE QF LREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLDSURF—,-a FEDERAL PARTICIPATION IN -TERRQRISS The United States will pay ninety percent(90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form P7310 1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 17,2004,before me,Janice T.Kruse,Notary Public personally appeared, J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. E T. rc�rust WITNESS my hand and official seal. cim#antun#1318b97� 0 Puk tc canosn�tcy cfara county =J tJtycOnnm.Ex�SkisAV2a'2t3Signature of Notary Public i Optional Infofinaflon Title or Type of Document: Increase/Decrease aider Bund#929-247-996- Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapeii Industries. Inc. ILLI ill 111 I L1L i1 ILL ii11i it 1i it 1LIii 11111 i 111 ill it Recorded tast tCounty est of. CONTRA COSTA Cc Recorder Office Public Warks Department STEPHEN L, WEIR, Clerk-Recorder Engineering Services Division DOC-- i�+�0 4_0269356-00 Return to: Public Warks Department Wednesday, JUL 14, 2004 10:17:05 Engineering Services Division FRE $0.00 Tt l Pd $0,00 Nbr-0002237044 1 rc/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 374 SUBJECT: Accept Completion of Public Improvements(widening of Point of Timber Road),Road Improvement Agreement for Road Acceptance 00-01110 and Road Acceptance 00-01110 Extension(cross-reference Subdivision 96-08023), Brentwood area. (District III) The Public Works Director having notified this Board that the public improvements for RA 00- 01110 and RA 00-01110 Extension have been completed as provided in the Road Improvement Agreements with Hofmann Land Development Company heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the RA 00-01110 improvements have been COMPLETED as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY August 14, 2001 The American Insurance Company JD:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1110130-42.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Frank Navarro(313-2264) Supervisors on the date Shown. Recording to be completed by COB W. Public Works Accounting T.Bell,Construction Maintenance(w/Plat) ATTESTED: JULY 13, 2004 -T-July 13,zoos CSAA-CaAog JOHN SWEETEN, Clerk of the Board of Supervisors CHP,c/o AT and County Administrator Sheriff-Patrol Div.Commander Hofmann Land Development Company 1380 Galaxy Way By , Deputy Concord,CA 94522 The American Insurance Company 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2004/ 374 SUBJECT: Accept Completion of Public Improvements (widening of Point of Timber Road), Road Improvement Agreement for Road Acceptance 00-01110 and Road Acceptance 00-01110 Extension (cross-reference Subdivision 96-08023), Brentwood area. (District III) DATE: July 13, 2004 PAGE: 2 BE IT FURTHER RESOLVED the payment(labor and materials) surety for$142,050.00, Surety Bond No. 11141714052 issued by The American Insurance Company be RETAINED for the six month lien guarantee period until January 13, 2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Point of Timber Road is ACCEPTED and DECLARED to be a County road; as shown and dedicated for public use on the final map of Subdivision 8023,filed on September 4,2001,in Book 433 of Maps at page 32,Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$2,800.00 cash deposit(Auditor's Deposit Permit No.dated 371353,dated July 11,2001)made by Hofmann Land Development Company and the performance/maintenance surety for $281,300.00, Surety Bond No. 11141714052 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. NOW THEREFORE BE IT RESOLVED that the RA 00-01110 Extension improvements have been COMPLETED as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY October 2, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$128,900.00, Surety Bond No. 11141714185 issued by The American Insurance Company be RETAINED for the six month lien guarantee period until January 13, 2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$2,600.00 cash deposit(Auditor's Deposit Permit No.373955,dated September 6,200 1)made by Hofmann Land Development Company and the performance/maintenance surety for $255,200.00, Surety Bond No. 11141714185 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION N0.''2004/374 17 � i { � �II�•������ �)f�l��!�)���) �!�III )��II■ �)I����1 ' Recorded at the request of: CONTRA COSTA Co Recorder Office Contra Costa sa STEPHEN L. WEIR, Clerk-Recorder Return to: DISC— 2004-0266357-00 Public Works Department Wednesday, JUL 14, 2004 10:17:13 Engineering Services Division FRE $0.00 Tt 1 Rd $0,00 Nbr-0002237045 1rc/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, BESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO 2004/ SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on Forth Wedgewood Road for Road Acceptance RA 01-01116 (cross-reference Subdivision 7984) San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on North Wedgewood Road in Road Acceptance RA 01-01116 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. IY:rm G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1116 B045.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Tercomt3-2363) completed Recording to be completed by COB action taken and entered on the minutes of the Board Of I.D. 95-2578030 Supervisors on the date shown. cc: Public Works T.Bell,Construction Div. J.Ysmaal,Engineering Services Shapell Industries of Northern California ATTESTED: JULY 13, 2004 too N.Milpitas Blvd. Milpitas:CA 95035 JOAN SWEETEN, Clerk of the Board of Supervisors and Attn:S.Savage,S.Worden,&J.Gold County Administrator National Fire Insurance Company of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 City of San Ramon Attn:Chris Low By Deputy 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 RESOLUTION NO.2o041375 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Road Acceptance 01-01116 (cross-reference Subdivision 7984) San Ramon (Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 13, 2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 17, 2002 National Fire Insurance Co.of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $60,800.00 Bond No. 929247995 issued by the above surety be RETAINED for the six month lien guarantee period until January 13,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Road Acceptance RA 01-01116 are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and maintenance period,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the$1,200.00 cash deposit(Auditor's Deposit Permit No. 391840,dated August 22, 2002) made by Sapell Industries of Northern California and the performance/maintenance bond rider for$18,045.00,Bond No. 929247995 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2004/375 C . Executed in Triplicate RA-1116, Gale Ranch 11,XREF SUB 7984 SURETY increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number 929 247 995 issued by the -- National Fire insurance Company of Hartford as surety,on behalf of Shaped Industries of Northern California, a l3ivision of Shapell Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez,-CA hereinafter referred to as the Obligee,effective the 14th day of August, 2002. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 12th day of May _ , 2004,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby decreased from the sure cif One Hundred Twenty Thousand Three Hundred No/100*** 13v14ars{ $120,300,00*** to the sum of Eighteen Thousand Forty Five No/100*** Dollars($1W045-00"l- ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the aftached bond, theregate Ilability of the Surety for any loss occurring prior to said date shall not exceed the sum of Oneundred Twenty Thousand Three Hundred No/100*** Dollars($120,300.00*** _� or for any lass ocourrin subsequent to said date shall not exceed the sura of Eighteen ThousantForty Five No/100*** Dollars($18,045.00*** a In no event however,shall the aggregate ilablitty of the$urety exceed the larger of the aforementioned sums,It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATER this 13th day of May, 2004 Accepted By, ti Shapell Industries of Northern California, a division of Counly of Gon#ra Cos# Shapell Industries, Inc. (Principal) -- TICUEBk GE - ASST. V.P . 8 : REN COX, ASST. SEC. Natiotrat-fire Insurance Company of Hartford --- rety) (Seal) Pamela L. Stocks Aitomey-in-tact SUR-23189-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-PACT Know Ali Men fly These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duty organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner, Individually of Sherman Oaks,California their true and lawful Attorney(s)win-Fad with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature --•In unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the ads of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Bower of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. Continental Casualty Company ao �"C°s"oo National Fire Insurance Company of Hartford .P, . JMY3i American Casualty Company of Reading,Pennsylvania SEAL � for l Michael Gengier Croup Vice President State of Illinois,County of Cook,as: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of IlNnols,that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Pleading,Pennsylvania described in and which executed the above instrument,that he knows the seats of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Own FAULOM w�sbw•snT� My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the ren hereof is stili in force. In testimony whereof I have hereunto subscribed my ��e 04 n affixed the seal of the said corporations this L day of MayContinental Casualty Company awn= National Fire Insurance Company of Hartford �d American Casualty Company of Reading,Pennsylvania nxr rt, SEAL (Rev. 1/23/01) Mary A.Rlbikawskis Assistant Secretary Authoirizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vi--ixecution of Obligations and Appointment of Attorneydn-Fact Section 2.Appointment of Attorney-€n-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V1 of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duty adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of _ Calif ro nla County of Los Angeles On May 13, 2004 before me, Sandy Hanne� r- Notary Public Date NAME,TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) {X) personally known to me– OR --(—) proved to me on the basis of satisfactory evidence to be the persona) whose name(#isbaii oubscribed to the within instrument and acknowledged to me that bWshe%f t,executed the same in bWher/tt wit authorized capacityOee , and that by NWher/4" signature($) on the instrument the person(g), or the entity upon behalf of which the persan(so acted, executed the instrument. _ SANL7Y BANNER Y WITNE m hand and off` 'al seal. ' JCommission#1362167 tea► Notary Public-California r Los Angefas Cour►ty SIGN TURF OF NOTARY My Comm.Expires Jul 2,2006 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 TITLES) TITLE OR TYPE OF DOCUMENT PARTNER(S) (__) LIMITED (._ ) GENERAL {x) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (�) GUARDIANXONSERVATOR OTHER [TATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE 0-1o742ae NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark., NJ, and The Continental Insurance Company. �ISQOS-URR- OF PREM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURME OF MDERALT TF ROR LOSSE8 The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form x-7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 17, 2004,before me, Janice T. Kruse, Notary Public personally appeared, J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I ncl t K-WSE _ CLry aion 1318197 [ ..,�; idoublic-CaWvmia WITNESS my hand and official seal. Clar'3 Cunty My Canrn. Si ature of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider Bond#929-247-995. Tract 7984 Capacity Claimed by Signer: Assistant Vice president and Assistant Secretary of Shapell Industries, Inc. Co .t7�� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 376 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for East Branch Parkway at the Middle School, RA 02-01137 (cross-reference Subdivision 8509) being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for, RA 02-01137 (cross-reference Subdivision 8509) located in the San Ramon(Dougherty Valley)area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $4,840.00 Deposit made by: Windermere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 424912 May 20, 2004 LT:rm I hereby certify that this is a true and correct copy of an C:\GrpData\Engsvc\Bo12004\07-13-04\RA 1137 Bo-16.doc Originator: Public Works(ES) action taken and entered on the minutes of theBoard of Contact: Teri Fie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-May 13,2005(P 1) ATTESTED: JULY 13, 2004 Windemere BLC Land Company,LLC 3130 Crow Canyon place,#310 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Chin Arch insurance Company 135 N.Los Robles Pasadena,CA 91101 Attn:Patricia H.Brebner By y ,Deputy RESOLUTION NO.2oo4/ 376 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for East Branch Parkway at the Middle School, RA 02-01137 (cross-reference Subdivision 8509) being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley)area. (District III) DATE: July 13, 2004 PAGE: 2 II. Surety Bond Bond Company. Arch Insurance Company Bond Number and Date: SLI 5007567 May 11, 2004 Performance Amount: $479,060.00 Labor&Materials Amount: $241,950.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/376 SUBDIVISION AGREEMENT (Right of Way Landscaping) (government Code§66462 and§66463) Subdivision: RA 1137(Cross-Ref SUB 85091 Effective Date: Subdivider: csmpietion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: �Californiai BLC LAIVDCo pang Y LLC, a Caliornilimited liability Company 3y:LEN-OBS Winderriere;LLC CONTRA COSTA COUNTY A Delaware limited liability company Managing Member Maurice M. Shiu, Public Warks Director By:Lennar Homes of California,Inc., Managing Member By: (signature) + �` RECOMMENDED FOR APPROVAL: (print name&title) Don arson,Vice President BY: ' (signature) Engineering Services Division name&title)L7arleen Carpenter Asst.Secretary FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coon ,"and the above-mentionedSubdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements, signs, street lights, fire 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 and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§68410 and following),in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§88499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 4,840.00 cash, plus additional security, in the amount of _$ 479 060.00 which together total one hundred percent(100%)of the estimated cost of the work. Such � additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 241.950.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the farm of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY tir WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-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 correct, repair,or replace, at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 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-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 and/or materials,or approval of work and/or materials or statement by any officer, agent 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,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be 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 hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions, officers, agents, and employees. B. The liabilities 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 the County reviewed said improvement plans or accepted the work as complete,and including the defense of any sult(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the 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 city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Rw:lap GAGrpDaWEngSvdpormslAG WORDSAG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l� State of California ss. County of : " ,! fir`�£1�.k �Li �s On ir"d g E C `� before me,&,L 4r t"3 eA_ Date oma and Title of office,(a.g.,"Jane Doe,Notary Poblid) s r personally appeared k s Names of Signer(s) Xpersonaliy known to me F1 proved to me on the basis of satisfactory Al evidence to be the person(s) whose name(s)-is/are subscribed to the within instrument and . KAPFN L, K NAfv acknowledged to me that hefs4a/they executed \ CommiSslor: 37$827 r the same in h4A%;/their authorized la D ca acit fes , and that b h+srer/their >Y p y( ) Y On ;' °S`^' 0"J Y s natures on the instrument the arsons or MY come x'p;res Oct 7,?(x'J6 g O p O, y the entity upon behalf of which the person(s) acted, executed the instrument. y WITNESS my handl offi sal seat. 1 4 L..-- / Signatu!e of No 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 R' 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: ❑ Individual .op of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑Cenerai ? ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator _J Other: Signer Is Representing: r 0 1999 National Notary Association•9350 De Soto Ave.,?.O.Box 2402•Chats,onh,CA 91313-2402•w %riationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of COrtM COSTA On April 29, 2004 before me, M. A. Atwater, Notary Public r DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC personally appeared Elisa DeCristo NAME(S)OF SIGNENS) 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 ac- knowledged 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. M. A.,"lrxt+�128b926"Tw"2WITNESS my hand and official seal. 8 Correrrtts� Not0ry Pub9c s Collfornlo Contm Coot County t r_ornm.r s t7e c]0, -- - SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on tete document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL El CORPORATE OFFICER TM-E(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TROSTEE(S) ❑ GUARDIANfCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR a TM-Y(IES) Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE Company 01993 NATIONAL NOTARY ASSOCIATION-8236 fRemmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Frank R. Olsson, Gordon J. Fischer, Dennis J. Woodard, Elisa DeCristo, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2400: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presen s� by ive Executive Vice President and attested by their respective Secretary this I"day of October,2003. t ., By, e" NO�.� AND�,I,O" � P AN Y O.o- David .Rhodes,Executive Vice President y¢, "p�R fi ` po ycG0 .4�� 4I� OpP SEA��� = fin .w: OCT.5 d 0 By; j i 9$$ ,.� © 1967 Waiter A.Crowell. Secretary ,:`�y lOyHp r•°' �'.``a 'tLtFpR� ' +•s.......... ` ,it4aaa +,'4jj��liil�Nl41ti1Tt'tk t STATE OF CALIFORNIA } }ss. COUNTY OF ORANGE ) On October 1,2003,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal ClI ,4.1(AWATA NOWY PtA k- `dot y �+ Signature yy �yq�,Iga;ggpg CERTIFICATE The undersigned, as Senior Vice-President,Underwriting, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORIvK does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 29t:h day of April 2004 _ By: ✓ti'r�C Y Wesley W.Cowling for Vice-President,Underwriting ID-1380(10103) 4 InscCibico Cgnup DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program., the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism., as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17790 Fitch Irvine,CA 92614 (949)263 3300 www.inecodico.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of X 'r OPTIONAL SECTION Country of ��''`���'� �' -� CAPACITY CLAIMED BY SIGNER Or ;before me, /" � ` 1 Though statute does not require the Notary to f[II DA%' NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY A Yin JC' in the data below,doing so may prove invaluable to personally appeared ' _" persons relying on the document. NAWS)OF SIGNERS) D A INDIVIDUAL ❑❑ personally known to me-OR-❑0 provided to me on the basis of satisfactory evidence to O ❑ CORPORATE OFFICER(S) be the persons)whose named Ware subscribed TITLE(s) g„ � �SH � v �Vl to the within instrument and acknowledged to me that hsiokie/they executed the same in ❑ ❑ PARTNERS 17 ❑ LIMITED COMM.# 13 i 2663 PARTNER(S) ht�Aseritheir authorized oa aci re and that b NOTARY FUBI#C-CALIFORNIA p ty�~�)' Y ❑ © GENERAL CONTRA Ct�STA CIU NTY hfher/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT COMM.EXP.JULY 9,2005'-' persons or the entity upon behalf of which the ❑ C3 TRUSTEE(S) person(s)acted,executed the instrument. ❑ 13 GUARDIANICONSERVATOR WITNESS my hand and official seal, ❑ 0 OTHER. SIGNER I5 REPRESENTING: —' SIGM TUBE OF NOTARY I {NAME OF PERSON(5)OR ENTIT'Y(IES)) 00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGN*ATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �a)The Chair of the Board b)The President c)Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution ofthe Board of Directors authorizing theperson signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.' _. ... _.. WUN1 T Ur V.X41Kn 9.v5in DEPOW PERmll CIFFICE OF couNTY AuDmoR.CONTROLIOR TO THE TREASURER: MARTINEZ,CAUFORNIA \ RECEIVED FROM ' �Jrz ORGANIZATION NUMBER_ -- r r (Foe Cash Collection Procedures sea County Administrator's Bulletin 1 O5,) DESCRIPTION FUND/ORQ SUIL ACCT TASK OPTION ACTN" AMOUNT .z i j 1 1 '"' e ' i? lyj df �, 7JCr � "' '' 6 d? 1 r r. r r_ 1 1 Ty -L-A 1 1, 1[1 r Jr ' ` I� 777777/ -.� EXPLANATION: TOTAL $ 1 ? r DEPOSIT r �= t(1j r r , 3�; ,.' ;�:: . 'lr -- . : . < , ��.1 w �'� r ��•d.�.� ,� �j ..; ::. � Deposit consists Ot the following Ile5 COIN and CURRENCY CHECKS;M.C>:,ETC. 7 .� r'r j , w;�. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE Asslr ? K2—+-4 .. The amount of money described above is for Treasurer' ipt of a omqmpt is approved. Receipt of above amount is hereby deposit iMo the County Treasury ockrowledged. /jfid: tG� T rf�{ EXT. ` �{• Deputy County Auditor Deputy CauMy Treasurer � J� D-34 REV.(7-43) i✓r� ' , ,C 1 ROr'✓11 L -1 COLIN1 Y(X 4-UNIKA t.vatA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLi MARTINEZ,CALIFORNIA " } „` f TaTHE TREASURER: v v` RECEIVED FROM ORGANIZATION NUMBER T (For Cash Collection Procedures we County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG SUB' TASK TION ACTIVITY AMOUNT ACCT. t� I I I" i s s 1 s I I - i i i s s i t I f 1 i f 1 ,t I b I (EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following itettn COIN and CURRENCY $ CHECKS,Ma ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP. 1r NUMBER DATEr � ASSIGNED �— The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby d1oposd into the County Troasury acknowledged �L{!`,fir Date-' / / " Signeck 1 /' ( ? �� EXT.✓ .% �/ Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) �� ^/4 0649-9665 / $310000: G1138846, $3,500.00, Sub 8776, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138847, $3,525.00, Sub 8777, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon Pi #310, San Ramon, CA 0649-9665 / 8310000: G1138848, $3.400. Sub 8778, Final Map Check Deposit, Windemere BLC Land Company GLC, 3130 Crow Canyon Pl #'310, San Ramon, CA 0649-9665 / 8310000: G113885O, $500.00, MS 00-00011, Inspection, Stephan P. Pinto, 1833 Kof man Pky, Alameda, CA 94520 0649-9665 / 8310000: &1138851,$10,000.00,50 1157,Improvement plan Review, Shapell Industries, 100 N. Milpitas Blvd., Milpitas CA 95035 0649-9665 / 8310000: G1138849, $1.690.25, MS 00-001011, Inspection Minor Sub, Stephen P. Pinto, 1833 Kof man Pky, Alameda, CA 94502 819800-0800: G1138630,$2,720.00, DG 0033, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl #310, San Ramon, CA 819800-08030: 61138645, $4,840.00, RA1137, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 CrowCanyon 'Pl #3103, San Ramon, CA 819800-0800: G1138647, $2,620,00, DG 0032, Performance Cash Bond, Winclemere BLC Land Company LLC, 3130 Crow Canyon Pl #310, San Ramon, CA EXECUTED IN DUPLICATE Subdivision: RA 1137 Cross-Ref SUB $5091 Bond No.: SU 5007567 Premium: $3,593.00 IMPROVEMENT SECURffY BOND FOR PUBL1C RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREE&ENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA 1137 (Cross-Ref-SUB 850.9.1 as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all to accordance with.State and local laws and rulings thercundcr in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: W indemere BLC Land Company L.L.C. ,as Principal,and Arch. Insurance Company __ ,a corporation organized existing under the laws of the State of Missouri and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performauce and Guarantee: Four Hundred Seventy Nine Thousand Sixty and 001100 Dollars ($ 479,060.00 } for itself or any city assignee tender the above County Subdivision Agreement,plus B. Payment. Two Hundred Forty One Thousand Nine Hundred Fifty and 00/100 Dollars (S 241.950.00 )to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of"Division III of the Civil,Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section `>.(A) above is such that if the above bounded Principal,his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As pan of the obligation secured hereby and in addition to the face amount specified Therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(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.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unm the County of Contra Costa and all contractors,subcontractors,laborers,material men and ether persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such work: or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon This bond, will pay, in addition to the fact amount thereof, casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,and 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 3082)of Pan 4 of Division 3 of the Civil Code, so as to give a right of action to theta or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null acrd 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 shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on May 11, 2004 WINtDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its managing member PR.INCIPAL.Bv: LENNAR HOMES OF CALIFORNIA, INC. SURETY: ARCH INSURANCE COMPANY its managing member Address: 24800 Chrisanta Drive Address: 135 N Los Robles Ave. , #825 City: Dlission Viejo, CAZip: 9L2691 City: Pasadgha. CA� Zip: 91101 By: {� � .f-R lay: Print Name: David Evans print Name: Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact mw :tPuJSltSiiARI3A CAIP,R I�xtHt€nhSv6c�An8lf al WOMAN-12A dr" ham.torte i?,1924 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 12. 2004 before me, Dina Prints, 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. �� � 4' COM*swn#l4l5M10 o(ango cow* _ w Nokity Public.C� q CO {m.ftbu Nov 29,200 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 four}. 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. SU 5007557 Number of Pages- Two (2) Date of Document: May 1r 11,2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A( OWLEDGM NT No.5907 State of California County of orange On Y , 2004 before me, Leigh McDonough,Notary Public - [TATE NAME:TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- personalty appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. LEIGH I'�iGr.)ONOt1GH a* saxission#13286x74 Wary Public_onlifom: WITNESS my hand and official seal. onange county Ai)y GMT Evims Novr),21305 SIGNATURE.O.%,NOTA Y Z J �J 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 El 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(5)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S40671GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Paris,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the Mate of Missouri,having its principal office In Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca,Patricia H. Br+abner,Alexis H. Bryan,Jane Kepner,Nanette Myers, Leigh McDonough,Mike Parizino,James A.Schaller, Rachelle Rheault and Ashley Ward of Irvine,CA(EACH) its true and lawful Attomey(s}-in-pact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety,and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bands or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This au#xwky does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within thea dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuant a of these presents shall be as;binding upon the said Company as fully and amply to all intents and purposes,as if the seirne tied'bberi-duly.exentrted and acknowledged by its regularly elected officers at Its principal office In Kansas City,Missouri. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full farce and effect: *VOTED,That the Chairman of the Board,the President,or any Vice President,or their appointees designated In writing and filed with the Secretary,or the Swretaiy shall have the power and authority to appoint agents and attorneys fact,. said to authorize thein to er ceac Ae on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the unanlmous consent of the Board of Directors of the Company.on March 3,2003: VOTED. That the signature of the Chairmen of the Board, the President, or any 'nice president, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and cerdflc atlona by the Secretary, may be mixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on Match 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached,shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has caused this Instrument to be signed and Its corporate seat to be affixed by their authorized officers,this 1 st day of March 2004 Attested and Certi#Ied Arch Insurance Company �trtaad Joseph S. L64,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FA€RF€ELD SS I Me€issa B. Gilligan, a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S. Labell personalty known to me to be the some persons whose names are respectively as Mee President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the lavas of the State of Missouri, subscribed to ft foregoing Instrument,appeared before me this day in person and severalty acknowledged that they being thereunto duty authorized signed, seated with the corporate seat and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set fbrth. mum B.%4"K NOAY PW* aft of 0W Co*# Me�sa �- 1 �,Notary'Public 2M JS - My commission expires 2-2"5 CERTIFICATION i, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of A#tmnOY dated XjMb 1.a04 r,y on behalf of the person(s)as listed above Is a true and correct copy and that the serine has been In fall force and effect since the date thereof and Is In fall force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckslone,who executed the Power of Attorney as Vim President,was on the date of execution of the attached Power of Attorney the duly+elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seat of the Arch Insurance Company on this 11 th day of May .20_24 Joseph S I Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Mb:Nart Home Ofte:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed In U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety.percent(90%) of covered terrorism losses exceeding the applicable insurer deductible. 'An, Y � IIII!lEII!lIIIIIlII!lflll!!II!lI11llllf!lIII!!I!I �', �� CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DCC— 2004--0272095-00 Contra Costa County Thursday, JUL 15, 2004 15:02:50 Public Works Department FRE $0.00 Engineering Services Division Return to: Tt 1 Pd $0,00 Nbr-0002240190 Public Works Department I r c/RS/1—2 Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NODE RESOLUTION NO. 2004/ 377 SUBJECT. Accept Completion of Public Improvements (the widening of Concord Avenue), Road Improvement Agreement for Road Acceptance 0201140(crass reference City of Brentwood Subdivision 8089), Brentwood area. (District The Public Works Director having notified this Board that the public improvements (the widening of Concord Avenue), for Road Acceptance 02-01140(cross reference City of Brentwood Subdivision 8089)have been completed as provided in the Road Improvement Agreement with Pulte Home Corporation heretofore approved by this Board; JD:gpp c:\GrpData\EngSvclBOl2004\07-13-041RA 02-01140 BO-42.doc I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Frank Navarro(313-2264) Recording to be completed by CCSB Supervisors on the date shown. I.D. 86-0916230 W. Public Works -Accounting -Construction -Mapping -m&T LabATTESTED: JULY 13, 2004 -maintenance JOHN SWEETEN, Clerk of the Board of Supervisors -T—July 13,2005 Recorder via(COB),then PW Engineering Services and County Administrator CSAA-Cartog CHP, AT By , Deputy Sheriff-Patrol Div.Commander Pulte Hoche Corp, 1531 Neroly Rd,Brentwood,CA 94513 Safeo Ins.Co.of America,Attn:Robert Porter, 2800 W.Hrggin Rd.,Ste 1100,Hoffman Estates,IL 60159 RESOLUTION NO.2004/ 377 SUBJECT: Accept Completion ofPublic Improvements(the intersection of Concord Avenue and Walnut Boulevard),Road Improvement Agreement for Road Acceptance 02301140 (cross reference City of Brentwood Subdivision 8089),Brentwood area..(District III) DATE: July 13, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 13,2004,thereby establishing the six-month terminal period for the filing of liens in case of action under said Road.Improvement Agreement. DATE OF AGREEMENT SURETY May 6,2003 Safeco Insurance Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for $912,000.00 Bond No. 6203458 issued by Safeco Insurance Company of America be RETAINED for the six month lien guarantee period until January 13, 2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER. RESOLVED that the beginning of the warranty period is hereby established,and the$18,240.00 cash deposit(Auditor's Deposit Permit No.DP 403009 dated April 1, 2003) made by Pulte Home Corporation and the performance/maintenance surety for 1,805,760.00,Bond No.6203458 issued by Safeco Insurance Company of America be DETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLLITION NO. 2004/377