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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-639 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: NODE:_ RESOLUTION NO. 2004/ 639 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08777, 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 04-08777, 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 Ric(313-2363) I hereby certify that this is a true and correct copy of an action LT'S G:tGrpDatalEngSvc1B012004\I2-07-041SD 04-08777 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 7,2005 Windemere BLC Land Company,L.L.C. 3130 Crow Canyon PI.,#310 San Ramon,CA 94583 ATTESTED: DECEMBER-07_,_ 1004 Attn:B.Olin JOHN SWEETEN, Clerk of the Board of Supervisors and National Farmers Limon Standard Insurance Company One Financial Plaza,10"h Floor County Administrator Hartford,CT 06103 Attn:A.Ward Uberty Mutual Insurance Company 505 S.Main Street,Ste 830 Orange,CA 92868 By Deputy Atm:P.Brehner RESOLUTION NO.2004/ 639 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08777, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District 111) DATE: December 7, 2004 PAGE: 2 A. Cash Bond Performance amount: $29,720.00 Auditor's Deposit Permit No. 434405 Date: November 10, 2004 Submitted by. Windemere BLC Land Company, L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number: 4410153 Date: October 27, 2004 Performance Amount: $2,942,280.00 Labor&Materials Amount: $1,486,000.00 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: $5,714,700.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETE&MINED to be consistent with the Countys general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/639 65 6 PRIM � � f M11 tl -. gww z � g � v § a ~ Csd � Yom`K��n � � O� +� < y � •t +t F �. C3HIM: coo v m It jj�1117 25 q q ° MMI JN, a m o m cis m t .k, fE 4 A. 61 Hul IQ � > g� ` ` 'HOP� - d � � - st l , T p � '1 sot 1 51.1u, a o Y �f�t� E7 y.. 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Lt,9499N eel Y ytiL ! 3NV7 'hry (ld-rf).ta s9 oc 9 ANS 33S �go Gag x SEE SWEET 7 41 cn co UD M�9Z,$d_98N— — .14-- _ — L) 3NY1 ASUM.$Z,$4.98N - r W £Z'4ZZ M 9Z.9y.99N •cS $l 64 £l t ig �I to !'� Iw i .oa•oot to co ,Z9'dSi dAN„l1,Ey.61N 1 ``�`�Y` <`vl• d ��•y0,19N 00 rry r !1� t) CEJ � d'�LSIrrNJIO .vzty;yLN CCC) 40 m mw c , CIO r. a „ bs (w '0<Ir til c^ �r(� d ��fJf Ln CU .St,l41 56�gN 1!s / o/ab LN to LLJ O I °yfo ZL to Lai (m L8 co LAJ d / C,/fe'� • .L g Z'$f i �s DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER o THE TREASURER: MARTINEZ,CALIFORNIA ECEI' ED FROM ORGANIZATION MOMM (Far Cash Collection Procedures we County A trot is Bulletin 105.) DESCRFTION FUND/ORG. S TASK OPTION ACTIVITY AMOUKr t - $ E 'r;; f I IL t I t I I —, �r E ; i i• n�^ n �t t 1 1 `� X 1,L vv tl 1 , f ; r i i i� _J4, I I I I tl I I t I I I I I I I I I I t I j �~ E E xPLANATION: TO`rru $ DEPOSIT t mit cormisft of the foibwing iterrm COSI«tit CURRENCY S ma ETC. $ 7/ ' 7 &m DEPossir'Ss s FOR AUMOR-COHTROUR USE ONLY DEPOSIT PERMT DP- NUMBER {� I A5SI 44055—N-14 3 - rrs lac j The amount of money described above is for Treasurer's receipt of above amount is approved. Reompt of above mount is hereby i deposit into the County Treasury. ada-Medged, T •: '' / EXT _ Deputy Caurtty AtitliKx Septy County Treawrer D-34REY.(7-93) 1' it EC { � a t �� O649-9665 1 831000: G 1158341, $88;325.00 Sub 8774, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC,3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0649-9665 / 831000: G 1158947, $102,410.00, Sub 8775, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0649-9665 / 831000: G 1158952, $137,,240.00, ,sub 8777, Major Sub Civil Insp. Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0649-9665 / 831000: G 1158956, MS 01-0003, R&S Homes, 10 Camino Monte Sol, Alamo, CA 94507 $ 94.54, Map Check $1,471 .78Pian Check 0649-9665 / 831000 G 1158957, $282,500.00, RA 1151, Road Acceptance Civil Inspection Deposit, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800 G1158940, $18&50.00, Sub 8774, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-•0800: G1158946, $21,980. Sub 8775, Performance Cash Band, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 819800-0800: G1158951, $29.20.00, Sub 8777, Performance Cash Bond, Windermere BLC Land Company LLC, 3130 Crow Canyon Pl. # 310, San Ramon, CA 94583 0682-9752 / 819200: G1158945, $1,222.00, Vacation Applications of 418 Heald St., Crockett, J.P. Electric- Patty Caspers, 1508 San Pablo Ave., Pinole. CA 94564 0648-9140 1 812100: G1158956, $4,276.00 M501-0003, Mitigation Rev, R&5 Homes, 10 Canino Monte Sol, Alamo, CA 94507 Executed in Duplicate Subdivision: SUB 8777 Bond No.: 4410153 Premium: $14,711.00 IMTROVENIN'r SECURITY BOND FOR SVBDIVISION AGREEMENT (Performance, guarantee and.Payment) (California Government Code §§ 66499 -66499.10) 1. RF-C1TAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8777 '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 carder to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Windemere BLC Land Com ant , L.L.C. as principal and National Farmers Union Standard Insurance Company , a corporation organized and existing tinder the lags of the State of Colorado and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million Nine Hundred FoM Two Thousand Two Hundred Eighty and 001100 Dollars(S 2.942, 280.(30 )for.Contra Costa County or any city assignee under the above County subdivision Agreement. B. Payment: One Million Four Hundred Eighty Six Thousand and 00/100 Dollars ( 1,486,000.00 ) to secure the claims to which reference is made in Title X1 (commencing with Section 30382) of Part 4 of Division M of the Civil Code of the State of California. 3. CONDITION; A. The Condition of this obligation as to section(2.A.)above is such that ifthe above banded principal, or principal's heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by and well and uuly 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 mariner 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 asignea)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 sham be included reasonable costs,expenses and#arcs,including rcasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all io be 4axed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.13.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought capon 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 gave a right of action to them or heir assigns in any t ait brought upon this bond. Should the wort`under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to snake such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on October 27, 2004 NATIONAL FARMERS UNION STANDARD PRINCIPAL: See Attached Signature Page SURETY: INSURANCE COMPANY Address: 3130 Crow Canyon P1., #310 Address: One Financial Plaza, 10th Floor City: San Ramon, CA Zip: 44583 City: Hartford, CT Zip: 06103 By: See Attached Signature Page By: 70 Print Name: N/A Print Name: Ashley K. Ward Title: N/A Title: Attorney-in-Fact jr)in.lap C 4tp-ljaaa�F"S..c%Fer a,iRN WORD�RN-t?lac RaN. "seppeask5.20Fii WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: � . David Evans, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 28. 2004 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. t�i!a,a Pfz, t� C x ??r ut�rr�rnisston� 's A53d1 t} ti � Notary Pudic; -California Orange county aJly Comm. xpires Nov 28,2101 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. 4490153 Number of Pages: Three (3) Date of Document: October 27, 2004 Signers (other than those named above): Ashley K. Ward CALIFORNIA ALL-PURPOSE AC DWLEDGMENT No.5907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward 1 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) islare 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. ARI APODACA Comm.#1379729 ffi �O1ARv PUBLIC CALIFORNIA WITNESS my hand and official seal. Mange County fivy Gomm.Expires Oct.12,29f 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-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 99309-7184 NATIONAL FARMERS UNION STANDARD INSURANCE COWANY (in the process of being renamed Quanta Indettmity Company) New York City,New York 10020 POWER OF ATT RNEY KNOW ALL PERSONS BY THESE PRESENTS:that National Farmers Union Standard Insurance Company[in the process of being renamed.Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: Ashley K.Ward A of Irvine,Calffornia to be its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal suns not to exceed 1=hoLLI{ N An 00/100 DDILARS($50.00(—)000.0-0)each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVM-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings, contracts,and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as,provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS VvrMREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company] has been affixed thereto in New York City,New York this 2e day of1V�aarcl 2q. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Waida Decreus,Assistant Secretary 1968 STATE OF NEW YORK) ss COLWTY OF NEW YORK) On this qday of arch 2004,before me,a Notary Public,personally came WALDA DE+CREUS,to me known,and acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company];that she knows the seal of said corporation;and that she executed the above Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation. GWVJ E.CIRCA MoWyRiio-SteftOf'NOWYO* ft,01014769= Notary Public C uffed In Westchester cour* My 00owdeaion iotas Jt $0,2006 CERTIFICATE I,the undersigned, Secretary ofNational Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIII,Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 27th day of October , 2004. By Martha G.ftfinerman,Secretary p f'Q.t . 3i �* 1888 IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Hoidings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially reimbursed by the Federal government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person} or foreign interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90°!x, of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Dumber SUR 10001 (Ed.4/04) V010 AFTER 12/31/04 1113/04 FATCO $42 8777 Tax Collector's Office William J. Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P. 0. Box 631 Costa }ost. Russell V.watts Martinez,California 94553- �. a Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Comb/ Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 1113/2004 IF THIS TRACT IS NOT FILES} 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 1 MS# City T.R.A. 8777 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 2003-2404 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $5,714,700.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Mills of Muni Financial at 800-755-6864 The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. Security for this tract will be covered by the bond for tract 8509 WILLIAM J. POLLACEK, Tre rer-Ta CpVector 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 WWDEMERE BLC LAND COMPANY LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond is amended to included the following tracts: "Tract 8509,Windemere, Phase IV Tract 8773,Windernere Tract 8774,Windemere Tract 8775,Windermere Tract 8776,Windermere DATE: Tract 8777 Windemere BOND RE'V'IEWED AND APPROVED Tract 8778, Windemere CONTRA COSTA COUNT`' T se. Tract 8779, Windemere ULLEC%'i"u B . 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) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By: -0. _. C' aj'.� Rhonda C.Abel,Attorney-in-Fact C., LIFORNIA ALL-PURPOSE ACKO.V LLE fiGE-ENT State of California County of Orange On 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. "w 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: Coroorate 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 Can November 4 2004 before me, Ashley K.Ward,Notary Public MATE 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) 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 ASHLEY WARD behalf of which the person(s) acted, executed the instrument. ASHLEY K.wAri<n Commission# 1483686 < L0MYNoiaryPublic -Calitomia Orange County Comm.Expires Apr 16,2008 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL. ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL. ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES (❑ OTHER: SIGNER 1S REPRESENTING: DATE OF DOCUMENT NAME OF PERSON($)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave..P.O.Box 7184-Canoga Park,CA 91.909-7184 865 THIS POWER OF ATTORNEY IS NOT VALID k..rLESS IT IS PRINTED ON RED BACKGROUND. 450 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.P'ARIZINO, i JERI APODACA, PATRICIA H. BRESNER,"LEIGH MCDONOUGH,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 surety and as its act and deed,any�and all undertakings*bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVEI�IIt=L#DN AND 001100 DOLLARS{$ 175= Oi3i3.Ofl )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 Xill-Execution of Contracts:Section S.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 attorneys-in-tact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 00 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C C as binding as if signed by the president and attested by the secretary. � t3 By the following instrument the chairman of the president has authorized the officer or other official named therein to appoint attorneys-in-tact: � 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 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. � t!f ra iv That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 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 o E CL Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January , LIBERTY MUTUAL INSURANCE COMPANY 60 Garnet W. Elliott,Assistant Secretary c s. C t7 0-„., COMMONWEALTH OF PENNSYLVANIA ss ,«. .. 0 0) COUNTY OF MONTGOMERY L. is c On this�day of January 2ao4 ,before me,a Notary Public,personally came Gar e�,t_W. Elliott,to me known, and acknowledged c1� 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,._ �. hE I Power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation, >.a "t7" i2 `” IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year �cwt 0 first above written. ��*ON �� �co 9 t1? Ci �atsuit i uek� �„CM .w t. ( Tera 3 ata�1 .,riatr.y Puo;i:, �'�.�.�+..c."'.� t �y O P t+ t of r Tvr,r_Mor gwnkir y .o�urk, S , C! PuYY i.ssrr, 'Xplre i t t (3.2f:06__j y _......,__. Tet sa Pastella,Nota Public 0 n,,yiv.xnl,..lnaa.:,,ttu. at�iak�ns,; Notary 0 � mbaJ tT,D CERTIFICATE L t 1,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing l is a full,true and correct copy,is in full force and affect on the date of this certificate;and i do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the 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 manualiy affixed. III TESTIMONY WHEREOF I have hereunto subscribed my name and affixed Cmc corporate seal of the said company,this 4th day of ILTove t er i3p4 By r r ;'' DaVi6 M.Carey,Ass' fit 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. LNHC-6539 2/03 TO: BOARD OF SUPERVISORS tom, FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 7, 2004 SUBJECT: Appmval of the Final M4p and Subdivision A eement for Subdivision 04-08777. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECO-MMEND TIO (S): ADOPT Resolution No. 200416 9 for Subdivision 04-08777, approval of the Final Map and Subdivision Agreement, being developed by Winderrmere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONS): Subdivision.04-05777 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The final map and Subdivision Agreement will not be approved. Continued on Attachment: SIGNATURE: z, ;�E-,;� _ .ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �: f PROVE THER r , SIGNATURES ACTION OF BO ON _ , Z004 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 Xx UNANIMOUS(ABSENT NONE � date shown, AYES: NOES: ABSENT: ABSTAIN: ATTESTED: DECEMBER 07, 2004 G:\CrrpData\EngSvmE0120041I2-07-041SD 04.08777 Ordar.do¢ JOHN SWEETEN, Clerk of the Board ofr^� Ori&.Div: Public Works(ES) Supervisors and County Administrator Contact: Tett Rie(313-2363) cc: Public Waris—T.Lied,Construction Current Planning,Conununity Development T—October 7,2005 Windernere BLC Land Company,L.L.C. 3130 Crow Canyon PL,#310 By y ,Deput San Roman,CA 94583 `.7 Atm:B.OIL, National Famaora Union Ssandard Insurance Company an one Fincial Piasa,lou'Pioor Hartford,CT 06103 Attn:A.Ward Liberty Mutual Insurance Company 505 S.Man Street,Sm 830 Orangc,CA 92868 Attn:P.Brebner