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Home My WebLink AboutRESOLUTIONS - 05102004 - 2004-638 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/ 6.58 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08776, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 04-08776, 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) 1 hereby certify that this is a true and correct copy of an action LT:rm taken and entered on the minutes of the Board of Supervisors G:\GrpData\Er�Svc\BO\2004\12-07-04\SD 04-08776 BO-21.doc cc: Public Warks—T.Bell,Construction on the date shown. Current Planning,Connnunity Development T—October 7,2005 Windemere BLC Land Company,L.L.C. 3130 Crow Canyon n310 San Ramon,CA 9458383 x ATTESTED: DECEMBER 07 2004 Attn:B.Olin JOLT SWEETEN, Clerk of the Board of Supervisors and The Continental Insurance Company P.O.Box 946640 County Administrator Maitland,FL 32794-6640 Attn:P.Brebner Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 BY '' _- ,Deputy Attn:P.Brebner RESOLUTION NO.2004/ 638 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08776, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty galley) area. (District III) DATE: December 7, 2004 PAGE: 2 A. Cash Band Performance amount: $25,700.00 Auditor's Deposit Permit No. 431272 Date: September 15, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: The Continental Insurance Company Bond Number: 929341272 Date: September 7, 2004 Performance Amount: $2,544,300.00 Labor&Materials Amount: $1,285,000.00 Principal: Windemere BLC Land Company, L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $5,714,700.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 24004181 Date: August 20, 2004 Amount: $5,714,700.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/638 OPINIONS tv4 ac sly ik _ a �z r tit � PIP EP tn y it Bit ar��' lit ' � Y .w lit , " Sou iill r � V TS �x `� �- - � ` z-,� no lit t qqt . W �� s� fi s � . 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L(=' �Jfi � I wun # _ . �� t •� .ao' � w 99100 e 3.f9,?4«6 N y E-4 Oa`tl AoV 3.Y1.59.3YN w } U-) < j co: i 3.Y 1,95.$YN Q LO Ln 'n +ac 1.-3nd.00'6 3«Yf,S929YN i' u IAJ w P O N OdCD LAJ IN RUN LLJ i'" WN fly i 00'Os =4a �i cis I z i �ted nt cn 3.Yt.55.SYN ? °° 4Y'£L L ANS 33S N� ti 105 s co1 I / 1 coR C5') 1 1 ' CC)� Y Z 1 LJ O a NS l LO � � tTS ` rs 010*6 LS i,9L`Y55 M 05. COUNTY OF CONTRA COSTA... DEPOSITPERM IT JFFICE OF COUNTY AUDITOR-CONTROLLER TO THE'TREASURER: MARTINEZ,CAUFORNIA' RECENED FROM ORGAWATION NUMBER •C,�` (For,Cash Collection Pro6d � see County Administrator's 66 105.) :. DESCRIPTION FUND/ORG T :TASK, TION ACTWITY AMOUNT ! .� 1 .r r ! J A ,.'1 ' 16 , y 46 1 n - k2 t ? ! ��. 1. ! ! t EXPLANATtOAi fTOTAL"62 DEPOSIT �22 1 _67 113 71,56 $ } Deposit consists:of the allowing items t 3a ;% /- _ '" COlhi amd:LUftRENCY CWECKS,ft( ETC 9' Vo >C 44 BAWDEPOSITS $ FOR AUDITOR-CONTROLLER.USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's:receipt of above amount is approved. Receipt of above amountis hereby deposit into the,County Tivasury - acknowiedgesL Signed: Signed: r i Title: j" EXT "� Deputy Cswrtity> itcx Deputy County Treasurer 9-34 REV. 7-93 .�, � i ( ) j .+�j at !L► to �. 819800-0800; 61139839 $5,860.00 CSG 0012, Performance Cash Band, Windemere BLC Land Company LLC, 3130 Craw Canyon PI, #310, San Ramon, CA 94583 819800-0800. &1139841,$3,560.00, DG 0033, , Performance Cash Bond, Windemere BLC Land Company LLC, 3230 Craw Canyon PI, #310, San Raman, CA 94583 $1980 �8CO: ( 133984�€, ,7.0 00 Sub°8776, Performc'nce`Cash Bond, Windemere SLC Land C—o—pany.LLC,, ,3130 Crow Canyon Pl.,.#310, fan Ramon, CA 94,583 819800-0800: G1139848, $1,490.00, DG 0032, , Performance Cash Bond, Windemere BLC,Land Company LLC, 3130 Crow Canyon PI, #3101, San Ramon, CA 94583 Subdivision: 97'76 Bond No,: 22,x, X41. 272 Premium: $12,722.00 Executed in Duplicate IWROVF.MXNT SECURITY FOR St7mYrsION AGREEMENT (Performance, Guarantee and Payment) (California.Covernmmt Cade §§ 66499 -66499.10) Rgcrr�L St c►ry ta4 AGI�ngn: The developer(principal)has executed a subdivision agreement with the County ofContra Cosh to install and pay for street,,drainage and other improvements in Subdivision 82"76 as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy condmons for filing of a final map or parcel map far said subdivision 2. Ogt..tt;ArtON: Windemore RLC Land Com an L.L.C. as principal and The Continental Insurance Company a corporation organized and existing under the taws of the Staxe of New Hamfsahire and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, ex=tors, administrators, succemrs and assigns to the County of Contra Costa, Californiato pay as follows- A. Performance and Guarantee: Two Million Five Hundred-EM Your Thousand "Three tindred acid 001100 Dollars($__ _ 2,5AA OQfl 00 for ContaCosta County orany city assignee under the above County Subdivision Agreement. B. Payment: One Million Two Hundred Eight Five�`harxsand lind 0011 00 Dollars {$ 1..285100 .20 __ 1 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division 1T1 of the Civil Cade of the State of California. 3. C is -. 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 pan, 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 irdemn4 and save hanxtless the County of Contra Costa (or city assignee) its officers, agents and employees, as therein stipulated,thea this obligation shall became stall and void; otherwise it shall be and remain in full ford 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. c 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 fr my bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Am with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above ser 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 brand shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3 082)of Pan 4 ofDivision 3 of the Civil Code, so as to give a right of action to them or Their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fatly performed,then this obligation shall became null and void; otherwise it shall be and remain in full farce and effect. C. Nl o 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 front liability on this band; and consent is hereby given to make such alteration without further notice to or consent by the surety, and the surety hereby waives the previsions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SiGNEI AN'D SP-ALP-C3 on September 7, 2004 PRINCnA,L: Windemere BLC Land Company, LLC SURETy; The Continental Insurance Company Address: Address: P.O. Bax 946640 City: Lip: City' Maitl4nd, FL zip- 32794-6640 By: See attached aigna ,_,re block y: Print Name: Print Name: Patricia H. Brebner Title: Title: Attorney-in-fact c.v� tu��srrwoat�+aN-t2ao: " r ............................................................................................................................................................................................................................................................................................................................ WINDEMERE BLC LAID COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member By: LENNAR DOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: - ... David Evans, Vid6 President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Gran e Can September 8_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. = in K —t?INA. Commissirn# i453610 � Ctlilf'Jrnk3 b Z+�•° .�;�;ati�p'i�� tUf'1L,�C: JUY1ti/ y.V Gvrnm.Expires Nov 28,2007 OPTIONAL `though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SINNER 1S REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 929 341 272 Number of Pages: Three_f3) ____ _ __-- Date of Document: September 7, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A 4OWLEDGMENT No.5947 State of California County of Orange On September 7 2004 before rue, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally 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($) whose name(s) islare 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 AsItty" K. AR i" behalf of which the person(s) acted, executed the instrument. Commission#14,was r Notary public-Callfomla Orange County My Comm.Expires Apr 1 d,2008 r WITNESS my hand andofficial seal. �y 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 SINNER DESCRIPTION OF ATTACKED DOCUMENT �] INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H 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-40637tGEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remm€:t Ave.,P.O.Sox 7184-Canoga Park,CA 91349-7184 POWER OF ATTORNEYAPPOINTING INDIVIDUAL ATiORNLY-iN-FACT Know All Men By Thew Presents,That The Continental insurance Company,a New Hampshire corporation,and Firemen's insurance Company of Newark, New Jersey,a New Jersey corporation(herein called"the CIC 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 Mike Parizino,Linda Enright,Rhonda C.Abel,James A.Schaller,Jane Kepner, Nanette Marlella-Myers,Patricia H. Brebrier,Alexis H. Bryan, Leigh McDonough, individually Of Irvine,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 CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April,2002. 'P�,•1Ng�•,,•. 6g t�NY� The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey +•� � by #*3 f�� State of Illinois,County of Cook,ss: Michael.Gengier Group Vice President On this 2nd day of April,2002,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 The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation 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 SEAL" DIANE 1State NR Notary Public, cf iiiinois My Commission Expires 9/17/05 4 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is stili in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof 1,have hereunto subscribed my name and affixed the seal of the said corporations this 7th day of -- Sepltember 2004 •`�zy•py•i �, �� t1RY"a C +¢,y�,•• ��`b....••` ''til,., { :y The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey Mary A. Ribikawskis Assistant Secretary (Rev. 10/11/01) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seat of the Company. RESOLVED,that the signatures of such officers and the seal of the Company 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 or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be, and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company 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 or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached" } In xdance with.the Terrorism Rask Insurance Act of 2t 2, we are providing this y osure notice for bonds and-certain insurance polities on which one or.raore of the Writing Companies identified below is the surety or ihsurer. b px Cie on bonds rind insurOdS on certain in inauxance poliwritten by any one or-more,or-more,of the ibnowing comperes (coll"velythe ��rita€h� �mpen ea") se surety or iaO#rer: *Stern SUMY ODIApany, Universal.Surety.of America, Surety Bonding cow a alty t xnp�'= at[unal Fire Inaur poat CoMpany of Hartford,American Casualtympany of'Reading,PX The`firemen's InsArai n Copan orf Newark, NJ, and,The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the.Ant was Zero I6I1ars ($0.00). The United States will pay ninety percent W/o) of covered terrorism lasses exceeding the appli able:suretylinsurer deductible. FOM Min voib AFTER'. 12/31104 '1/3104 FATCO $42 877 Tax collector's Office William J.Pollaeek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P 0 Box 631 ,�y {- Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 /CombJoslyn Mitchell (925)646-4135 FAX "I Tax Operations Supervisor { Date: 1113/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8776 SAN RAMON 66383 Parcel#: 223-090-006-6 222-090-007-4 223-100-057-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2008-2004 tax lien has been paid in full. Our estimate of the 2004--2005 tax lien, which became a lien on the first day of January, 2004 is $5,714,700.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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 fiend must be presented to the County Tax Collector for review and approval of adequacy of security prior to riling with the Clerk of the Board of Supervisors. Security for this tract will be covered by the bond for tract 8509 WILLIAM J. POLLACEK, Treasurer-T x Cpllector By: RIDER To be attached to and form part of: Bond Number 24004181 dated 8/20/2004 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of $5.714,700.00 on behalf of WINDEMER.E 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 Band is amended to included the following tracts: Tract 8509,Windemere,Phase PV Tract 8773,Windemere Tract 8774,Windemere Tract 8775, Windermere .'Z/j Tract 8776,Windemere DATE' BOND Tract 8777 Windemere REVIEWED AND APPROVED Tract 8778,Windemere CONTRA COSTA Ct7UNT�' Tract 8779,Windemere t)LLEt�t u�. Tract 8780, Windemere 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) Dave Evans, Vico President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: L c", (TaA �' Rhonda C.Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT, State of California County of Orange On November 5. 2004 before me, Mina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. .r r "I", ';xw 1. ZZ"IreNov' 7007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 24004181 Number of Pages: One 1) Date of Document: November 4, 2004 Signers (other than those named above): Rhonda C. Abel CALIFORNIA ALL-PURPOSE AC 'OWLEDGMENT No.5907 State of California County of Orange On November 4 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ 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 Asttt.Ev K.WARD behalf of which the person(s) acted, executed the instrument. Commission# 1463885 Notary Public -California Orange county WITNESS my hand and official seal. emy Comm,Expires Apr 18,2006 1 C SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL (❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 1450865 THIS POWER OF ATTORNEY IS NOT VALID L,.4LESS 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.ABET,NANETTE MARIELLA-MYERS,JAMES A. SCHAL.LER,JANE KEPNER, MICHAEL D. PARIZINO, JERI APODACA, PATRICIA H.BREBNER, LEIGH MCDONOUCH,ALEXIS H.BRYAN,RACHELLE RHEAULT,ALL OF THE CITYOF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as sur and as its act and deed,an and all undertakings,bonds,recognizances and other surety obilgations in the penal sum not exceeding ONE HUN[?R- SEVENTY MILLION AND 00/100'« " •*""« DOLLARS($ 175 000,0002%***** }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 Authorizations: ARTICLE X1li-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and lather surety obligations. Such is attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have tuft power to bind the Company by their p signature and execution of any such Instruments and to attach thereto the seat of the Company. When so executed such instruments shall be 4) sL as binding as If signed by the president and attested by the secretary. � to Z By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .f3 ru �" Pursuant to Article XIII, Section 5 of the By-Laws, Carnet 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 C deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. o tZ 763 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seas ofCL Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January in LIBERTY MUTUAL INSURANCE COMPANY 460 ,l Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as t0 py COUNTY OF MONTGOMERY 0 � 1; � 1s On this 220d day of J ninny _2004 ,before me,a Notary Public, personally came ragrnet&Elliott to me known, and acknowledged o•5 that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seat of said corporation; and that he executed the above ` Ls Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. > 10 EZs ` IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year cwt first above written. eralW �. NN4641 Serb �r f't�rexvri F>a�sp�Isi Nits y Public: ++= �., O j r=117+L3LA£f TVdY, 1v, t f.i�*f CIdR4j+ _ By r% f i.y.My r`:s.s rrEisu�.a �eA,iag E a�.�£i 7510> 00 § Membe r.rsy'viznka Arss..iatirn ,�Nouar't.r, Tet sa l�astella,Notary Public 0�II CERTIFICATE 1,the undersigned,Assistan ecrete ry of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing! j is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specialty authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article X111,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,1980. 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 manuaiiy affixed. iii_,ESTTI% WHEREOF I h a hereunto subscribed my Warne and affixes#Ins corporate seat of the said company,this �� day of I� b f i By �"- " Davi M.Carey,Ass' t Secretary NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety.. Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 1020) of the Act is Zero Dollars ($0,00), DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNRC-6539 2/03 TO: BOARD OF SUPERVISORS `wf FROM: MAUR.ICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: December 7, 2044 SUBJECT: Approval of the Final MV and Subdivision Ajreement for Subdivision 04-08776. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 638 for Subdivision 04-08776, approval of the Final Map and Subdivision Agreement, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Malley) area. (District III) FISCAL IMPACT: Mone. BACKGROUND/REASON(S) FOR RECOMMI ENDATION(S): Subdivision 04-08776 has been reviewed and processed byPublic Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The final map and Subdivision Agreement will not be approved. Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE TTHR G SIGNATURE(S). ACTION OF BOAWON DECEMBER 07, 2QQ4 APPROVED AS RECOMMENDED XX OTHER 61 I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORSminutes of the Board of Supervisors on the XX UNdate shown.ANIMOUS(ABSENT NONE } AYES: NOES: ABSENT: ABSTAIN: ATT�EST�^ETDDEjCIl� ER 07,�j2004 G:1GrpDate%EngSvctBO\2004tit-07-041SD04-08776Ordcr.doc JOHN SWEETEN, `✓lerk of the Board of Orl$.Div: Public Works(E8) Supervisors and County Administrator Contact: Tari R.ie(313.2363) cc: Public Works T.Re11,Construction Current Planning,Community Development T—October 7,2005 'J Windernerc BLC Land Pl.on #L.L.C. IT Deputy 3131?Craw Canyon I'1.,#310 B �- San Ramon,CA 94593 J --- Attn:B.Olin The Continental Insurance Company P.O.Box 946640 Maitland,PL 32794-6640 Attn:P.Brebner Liberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 Atm:P.Brebner