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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-636 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 7, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2004/ SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08773, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 04-08773, 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 LT`S G:1GrpData\EngSvc\B012004\12-07-04\SD 04-0$773 BO-21.doc taken and entered on the minutes of the Board of Supervisors cc: Public Works—T.Bell,Construction on the date Shown. Current Planning,Community Development T—October 7,2003 Windemere BLC Land Company,L.L.C. 3130 crow canyon P ,#310 DECEMER 07 2004 San Ramon,CA gases3ATTESTED: , Attu:B.Olin JOHN SWEETEN, Clerk of the Board of Supervisors and Arch Insurance Company 135 N.Los Robles Ave.,#825 County Administrator Pasadena,CA 91101 Attn:P.Brebner Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 By ,Deputy Atte:P.Brebner RESOLUTION NO.20041 636 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08773, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 7, 2004 PAGE: 2 A. Cash Bond Performance amount: $20,620.00 Auditor's Deposit Permit No. 428422 Date: July 21, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Tax ID Number: 94-329-15-16 B. Surety.Band Bond Company: Arch Insurance Company Bond Number: SU5009147 Date: July 9, 2004 Performance Amount: $2,041,380.00 Labor&Materials Amount: $1,031,000.00 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. 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N26 35 57"E R 41 r t ~ tU s � d 6� N269S2A2S7" Sgz�su r`s�'ipsc"5�3��i�Ei#j�d5G�t3 �� zt> til Ceel "� cS rA silt c*a co t+� � cs' �r a d � N LO ,r co d' 00 t x i bd'd€ { Z'B tri . a i 'Ono{-81 A.904M $ AVM)QVd HONY881SV3 us i l DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROUZ 3TFC TREASURER: MARTINEZ,CA NIA � _CEIY'ED FROM ORGANIZATION NUMBER (Fur Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUEL ACCT. TASK C TION ACTMTY AMOUNT c. I E E i �-• -, rw. � r,.s i� � I .�.. •� .t t t .Xpt;jA ATION: TOTAL $ 7 f',� ' r `% i t C DEPOSIT Deposit consists of the following item C04N and CURRENCY $ _✓ ( CHECKS,M:Q ETC. $U 941 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 428422 JUL 1 '04 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury. acknowledged Dotal _ � rc/iif+{,y5 J Signed. Ti t i t` f l t i1 EXt - a C.( `f Di County Auditor Deputy Cas ` surer t Ito -sa Rev(7-93) � ;� 7� tf r 0649-9665 / 881000: G1139236, $2,000.00, Sub 8263, Major Subdivision Improvement Pian Review, Peter Ostrosky, 17 Sugarloaf Terrace, Alamo, CA 94507 0649-9665 / 831000: G1139237, Sub 8687, The Austin Group, 164 Oak Rd., Alamo, CA 94507 $14,229.03., Major Sub Improvement Plan Check $1,950.00, Map Check Fee 0649-9665 / 831000: G1139238, $1,550.00, MS 03-0030, Parcel Map Check, Trevor Tapscott, 2454 Sullivan St, San Pablo, CA 94806 0649-9665 / 831000: G1139239, $1,500.00, MS 03-0030, COA Compliance Check-No Improvement Pians, Trevor Tapscott, 2454 Sullivan St, San Pablo, CA 94806 0649-9665 / 831000: G1139241, $16,867.00, SO 8681, Landscape Improvement Plan Review, Shapell Industries of N. CA, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1139242, $17,720.00, RA1165, Road Acceptance Plan Review Deposit, Windemere BLC Land Company LLC, 313.0 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1139243, $14118O.00, RA 1166, Road Acceptance Plan Review Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1139247, $96,300.00, Sub 8773, Major .Sub Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1139244, $20,620.00, Sub 8773, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0682-9752: G1139250, $1,100.00, Parker Ave Underground, Gary Heihn, PO Box 153, Rodeo, CA 94572 Subdivision: SU 8773 Bond No.: SU 50091.47 Premium. $16,331.00 Executed in Duplicate IMPROVEMENT SECURITY BOND FOR SUBDIVISION.AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 616499 10) 1. RECITAL OF S1rkrM10N A+GREEhaNT: The developer(principal) has executed a subdivision agreement with the County of Contra Costa to install and pay for street,drainage and other improvements in Subdivision 8773 as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of final map or parcel reap for said subdivision. 2. Or3LIGATIOri: Winde ere BLC Land Com an L.L.C. as principal and Arch Insurance Crim an a corporation organized and existing under the laws of the State of Missouri and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows. A. Performance and Guarantee. Two Million Fom One Thousand Three Hundred Eigh-q and 00/100 Dollars($ 2.041.380.00 _ _ _ for Contra Costa.County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Thi=Cine Thousand znd 001100 Dollars ($ 1,¢31,000.00 _ 1 to secure the clams to which reference is made in Title XV (commencing with Section 3082)ofPan 4 of.Division M of the Civil Code of the State of California. 3. C©rmrrroN: A. The Condition of this obligation as to Section(2 A.)above is such that if the above bonded principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof 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 employees, as therein stipulated, then this obligation shall became 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 city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered 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 unto the Coutuy of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the 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 15(commencing with Section 3082)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 band. Should the work ander conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. NO alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa (or city assignee) shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civi. Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED.SND SEALED on July 9, 2004 PRLNC ,tL.: See attached signature page SURETY: ARCH INSURANCE COMPANY Address- 3130 Crow Canyon Place #310 Address. 135 N. Los Robles Ave. #825 City: San Ramon, CA Zip, 94583 City: , Pa s a' a A Zip, 91101 A By. By: Print Name: print Name Patricia H. Brebner Title: Title- Attorney-in-Fact M MW Imp G�irgDan�En��Gm�rss�}32r waR3�ti8N•aa not �:x 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: Lawrence H. Thompson, Vi e President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Jul 12,2004 before me, Mina PrinN, personally appeared Lawrence H. Thompson, 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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. = :.. ..= -= Dsio nair�rr [ Commisslon#1453610 Notary Public -Calltornia ' 5 Orange County £ My Comm,gxpkes Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate_Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5009147 Number of Pages: Three 3 Date of Document: _July 9,_2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A( OWLEDGMENT No,5907 POWER OF ATTORNEY Know All Men By These Presents: That the Arch insurance Company,a corporation organized and existing under the laws of the State of Missouri,having Its principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel, Jeri Apodaca, Patricia H. Brebner,Alexis H. Bryan,Jane Kepner, Nartette Myers, Leigh McDonough, Mike Parizino,James A. Schaller, Rachelle Rheault and Ashley Ward of Irvine, CA(EACH) Its true and lawful Attorney(s)-in-Fact to make, execute, seal, and deliver from the date of Issuance of this power for and on its behalf as surety,and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of crediL This authority.does not permit the same obligation to be split Into two or more bonds In order to bring each such .bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance 'of these prosen#s shall be as binding upon the said Company as fully and amply to all intents and purposes, as if ttie sgme,hicfbbert d;aiy:ekb"d and acknowledged by its regularly elected officers at its principal office in Kansas City, MIS' uri. 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 force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognlzaances, 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, seamed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and flied with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2063, 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. OOMLOO13 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 seal to beaffiixed by their authorized officers,this 1st day of March ,211?04 Arch Insurance Company Attested and Certified cova�re SUL ilbserd _ 0� Joseph S. I, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan,a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed.to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. 'IM OFF10ALWA AIEL18S+1 B.QWVA.Nowy p16&-Z2 28,2005 MatisseWE otery Public My commission expires 2-29-05 CERTIFICATION 1, Joseph S. Labeii, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated I±Aarch X004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been In full force and effect since;the date thereof and Is In full force and effect on the date of this certif mt+e; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorneythe duly elected Vice President.of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 9th day of July ,2Q_0_4 . f, Joseph S It,Corporete 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. e FOM dlAl 7!1'1 lirrm! Home Office: Kansas City,MO OOMLOO13 00 03 03 Page 2 of 2 Primed in U.S.A. ................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................... A1�4, Arch II"is ranoe. Group IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCEACT OF 2002 The Terrorism Risk Insurance Act of'2002 establishes a mechanism by which th€t'tedarai,government will share, with the-insurance industry', in losses or' out of "acts of terrorlsrr" certified as such by the Secretary of the Tr'ea". "Certified acts of terrorism" are defined as events that cause rrmore`than' mi Ilion in losses and: 1. Are violent or dangerous to"human lite; property, or°the-infrastructure; 2. Result in damage .within the United ',Mates„ on a United states mission, or to a United States aircraft -or vessel;acrd 3. Are t rrsrriitted .btr individuals; acting on behalf of foreign :persons or interests, as Ott of an effort to coerce the-civilian population of the United States or to influarirp the, policies or conduct of the United States svesrsment. The:Act specities,thot coverage for "certified atm of'terrodsm"'must be made available in commercial property and casualty policies of insurance, and'it_'"uires insurers to diselo a-eny applicablo,premium charges and the federal.sharre tsf tr6mpensation. We are rnakirio these disclosures instrict'compliahbor with the Act. Disclosure of Availability of Coverage for Terrorism Louses Coverage for losses resulting from "oertsfie&-Oets of terre,rssrn"ss being made avarlabte to you on terms; amounts, and limitations generally,opplicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal.Share of Compensation for Terrorism Losses The federal government will pray a'90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurers 2001 direct earned premium. For, losses occurring in 2003, 2004 and 2005, the annual insurer detiuctibles..are 7%, 16% and Iftt of the pd irect.acamecl:prarrslorrs, respectively. The Act provides that neitherinsurers nor the federal government are responsible`for losses associated,with"certified acts of terrorism!" once aggregate annual insured losses exceed,$M'billion. Disclosure of Terrorism Insurance Premium Your Sond premium charge for"certified acts of terrorism"coverage is$Q} SR 80 37(Ed. 11 02) Mage 1 of 1 Printed in U.;l'..A. VO Ci AFTER 12131104 1113/04 FATCO $42 8773 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Roam 100 P O.Bax 631 �`` .Russell V.Watts Martinez,Bo 631,California 94563- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Co u my Joslyn Mitchell (925)646-4135 FAx "! Tax Operations Supervisor 'S lti _i Date: 11/3/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER 1S VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City_ T.R.A. 8773 SAN RAMON 66383 Parcel#: 22.3-090-006-6 222-090-007-4 223-100-057-7 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. POL ACED, Tre urer-T Ilector 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 $5.714.740.00 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, Windernere, Phase IV Tract 8773,Windernere Tract 8774,Windernere Tract 8775, Windermere Tract 8776,Windernere DATE' Tract 8777,Windemere BOND REVIEWED AND APPROVED Tract 8778,Windemere CONTRA COSTA COUNT Tract 8779,Windemere OLLEt= Tract 8780, Windernere It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 4th day of November, 2004 . Signed, Sealed &Dated this 4th day of',November, 2004 . 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: (Principal) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: -0--cez Kn'�' Rhonda C.Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE A+�f�l �►'�E1'ENT`. Mate of California County of Orange Can November 5_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. n 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 Califomia. lnc. DESCRIPTQN OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 24004181 Number of Pages: One (1) Gate 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- 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 K.WAR behalf of which the person(s) acted, executed the instrument. „ ASHLEY K.WARD Commission# 1483685 - , Notary Public -California • Orange County MyComm.Expires Apr 16,2008` WITNESS my hand and official seal. a•s i 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-40871GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 1450865 THIS POWER OF ATTORNEY IS NOT VALID uoiLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to 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. PARONO, JERI APODACA, PATRICIA H. SRESNER, LEIGH MCDONOUGH,ALEXIS H.BRYAN, RACI-IELLE RHEAULT,ALL OF THE CITYOF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute, seat, acknowledge and deliver,for and on its behalf as sur® and as its act and deed,any�and all undertakings,bonds, recognizances and other surety obilggationin the penal sum not exceeding Y ONE HUNDRED SEVENTFIVE'MILLION 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 XII I-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, cc execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such cs attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their 1A 0. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C y as binding as If signed by the president and attested by the secretary. ` to `$ X too) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: C Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and f deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 0 d00 01— ' w 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >,C0 W y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of lo E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January O LIBERTY MUTUAL INSURANCE COMPANY C f ;= Bye.�. ,, _ _- cc �., C Garnet W.Elliott,Assistant Secretary H y"r COMMONWEALTH OF PENNSYLVANIA as (0 COUNTY OF MONTGOMERY C C ' COn this 22nd day of January before me, a Notary Public,personally came Garnet W. Elliott,to me known, and acknowledged % •� that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above SE Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. E.10 O t0 Z ` IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year IV U first above written. arty� ' i. d ?euasn Nisia;k,tdoi ry F tsblEc (o V ,�+� Co �,r 7 ! YI4fY5L:ln.Y3 T`JprJ..ru$(]ii?L,�Y]STt4,r�{:(i:.{1kV py Z 6i �: My C.orrvniaeion�Explrt�s Mar 2.fS.2006 OO 0,6 _.........._� ................._......u.._..._......."._ Ter sa Pastella,Notary Public v t- '�" P�+.nmb=.�:,�^e�nnsyNsanlae gsnc!aNnr•�n#Nasz�+.c,;; H r CERTIFICATE 1,the undersigned,Assistant scretary 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 attomeys-in-fact as provided in Article XIII,Section 5 of the By-laws 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 Company at a meeting duly called and held on the 12th day of March,1960. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN ToESTIITNrY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of By Dav16 M.Carey,AsskWVffit 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 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-6539 2/03 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU1,PUBLIC WORKS DIRECTOR DATE: December 7, 2004 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08773. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS}: ADOPT Resolution No. 20041 636 for Subdivision. 04-08773, approval of 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(SI: Subdivision 04-08773 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. an Attachment: 2�vLti'�. Continued ,® SIGNATURE: _ZRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ' OVE OTHER SIGNATURES : Lij�e�aA'," ACTION OF BO 7 ON DF' ,EMBER 07, 9004 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT DONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: D CMER0�?,r_2�4 JOHN SWEETEN, Clerk of the Board of O:\CnpData\EngSvc\BO\2004112-07-041SD 04.08773 Order.doc Orig.Div: Public Works(ES) Supervisors and County Administrator Contact: Teri Ric(313-2353) cc: Public Works—T.Bell,Construction Current Planning,Community Developmmt T—October 7,2005 Windemere BLC Land Company,L.L,C. 3130 Crow Canyon PI.,#310 By 71 1 , Deputy San Ramon,CA 94583 Attn:B.Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 9110I Ann:P.Brebner Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92858 Ann:P.Brebner