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HomeMy WebLinkAboutMINUTES - 09132005 - C20 TO: BOARD OF SUPERVISORS F11COM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Phase 5 Neighborhood Park, PA OS-00022 (cross-reference Subdivision 03-085 10),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005tz'lffolo3 for PA 1 10022 (cross-reference Subdivision 03-08510), approving Subdivision Agreement (Right of Way Landscaping) for Phase 5 Neighborhood Park., for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision Agreement (Right of Way Landscaping) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping)will not be approved. Continued on Attachment: ✓� SIGNATURE: .L.,..RtCOMMENDATION OF COUNTY ADMIN OR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER r SIGNATURE(S): -Q9 ACTION OF BOON APPROVED AS RECOMMENDED _OTHER off 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. UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED xm Bern, JOHN SWEETE*&, Clerk of the Board of G:\GrpData\EngSvc\B0\2005\09-13\PA 05-00022 BO-16.doc Supervisors and County Administrator Originator: Public Works(ES) Contact: Teri Rie(313-2363) cc: Public Works- T.Bell,Construction Current Planning,Community Development T—July 13,Zoog(P i) By ,Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Atm:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Rhonda C.Abel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Phase 5 Neighborhood Park, PA OS-00022 (cross-reference Subdivision 03-08510), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for PA OS-00022 (cross-reference Subdivision 03-085 10), located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $11,400.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 448426 July 21, 2005 BB:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\B0\2005\09-13\PA 05-00022 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T—July 13,200 (Pi) 05ATTESTED: �Gm�t�we Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste soo JOHN SWEETE ,'Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Atte:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Rhonda C.Abel By ,Deputy RESOLUTION NO.2005/ ��.3 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Phase 5 Neighborhood Park, PA OS-00022 (cross-reference Subdivision 03-08510), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: September 13, 2005 PAGE: 2 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5015796 July 11, 2005 Performance Amount: $1,127,400.00 Labor&Materials Amount: $569,400.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. e o1wTo� �/. .2oos/sem SUBDIVISION AGREEMENT (Right of Wa y Landscaping) (Government Code§66462 and§66463) Subdivision: PA 05-0.0022cross-ref SUB 8510)-----W"-, Effective Date: I fA Subdivider: Windermere BLC Land Compaw, Lita Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIESAGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company BY:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M.Shiu, Public Works Director By:Lennar Homes of California,Inc., M aging Member By: 8 (signatu (print name&title)P J. naker,Asst..ecretary RECOMMENDED FOR APPROVAL: {signature} By: (print name&title Don son..Vice President Engineering Services Div"i n FORM APPROVED: Victor J.Westman,County Counsel (NOTE:All signatures to be acknowledged. If Subdivider Is Incorporated signatures must conform with the designated representative groups pursuant to Corporations Code§313.) r PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called U*.;ou and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. 1 MPROVEMENTS..'Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equliment) as required in the as 9 4 0 d and on file with the Contra Costa County Public Works Department and in conformance improvement plans for this subdivision as reviewe with the Contra Costa County Ordinance Code-(including future.amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map pct(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and,where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. - 3. IMPROVEME14T SECURITY. Upon executing this Agreement,,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 11,400.00 cash,plus additional security,in the amount of $ 1 1 1271400.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of. Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,.the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance.against any defective workmanship or materials or any unsatisfactory performance. B. For Pa anent: Se6un*ty in the amount of$_._. 5C9,4OO.O0 is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of., Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may.be reduced in accordance with§94-4.406 and§94-•4.408 of the Ordinance Code. r 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanshipand shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete • t� Subdivider it or replace,at his expense, in accordance with Article 96-4.6,"Acceptance".of the Ordinance Code. Subdivider agrees to correct,reps p p , any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and otherest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant p establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promin Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of accepts Supervisors is the work as complete or during the one-year guarantee-period,said improvement plans prove to be inadequate in any p p respect,Subdivider shall make whatever changes are necessary to accomplish.the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any.combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted andp rotected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,propert damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was un oreseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any.Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: if Subdivider fails to complete the work within the time specified In this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or othervAse,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action.is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently:proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap GAGrpDatalEngSvd%Forms\AG WORDING-30A.doc Rev.May 18,2001 .y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 12, 2005 before me,Karen L. Keenan,Notary Public,personally appeared Don Larson&Paul J. Menaker,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. KAREN L. I�ENAN ConxY�i�Non# 1377 gnature of No Public ���� � CF% � Conho costo County Comm.E pact 7, »t . ` 0FFKE OF COUNTY AUDITOR-CONTROLLER / MARTINEZ CALFORNIA THE TREASURER: • j'r= RECEIVED FROM -� -7N. ORGANIZATION NUMBER , ) (For Cash Collection Procedures see County Administrat+or's-&&tin 105.) r F � SUL � TASK TION ACTIVITY ���" ACCT. AMOUNT r; ..... . r >-,17 7 sJ rL 11U 1 .nor + I�.w,,,• , ' r LJ :j f '' ' "/` �.a+ • ' ' !rte • n 'taI 1 -1 1 A I I I I I I J Wong" If Mw. � [, /'-jI! �Z • t ..'• l �/ r 1 ..Alr F`' I ..1 t 1 I : j t_, �--f I l = '• ,� ,r.r- i•- /j! ! : f i CF ''�= r►•-,-! .I I,t- . •..i Lad ♦~e. 40",",'i Com• � �! r '" r/"1'.•i- K Ji A L •. jf, .,, It,' CY 101on L) —�-y I L L I is - .� ♦ - r1 f 'f t ♦ . i . r EXPLANATION: f TOTAL $ S is 4.r / %�. r/!r' " L;!',-•' ``•i. �� � •-�`'�� DEP `�f OSIT consists of the following items t C and CURRENCY --=� ' • r'r / , .r'i rr ` C KS9 KO.,ETC. ''� I l fJ:`''y• 7 BANK DEPOSITS $ ; - r- C1 ,�-r FOR AUDITOR-CONTROLLER USE ONLY � 1 i'2. �,/Wit/ •„'" . � •� . i 3 DEPOSIT PERMIT D NUMBER 4 rr is qrl;i% Jul e:l DATE 4-404tt.5 ASSIGNED The amount of money smint-jed above is for Treasurer-'s.receipt of above amount is apReceipt of above amount is hereby deposit into the County Treasury. acknowledged Date- C-) f • lam: • ! ` • Deputy Deputy EXT. County Auditor Deputy County Treasurer D-34 REV. 7-93 t ) -77s os z C•� OFFICE OF OUNTY-AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA .PURER. , f itom ORGANIZATION NUMBER , ( ) .. , f t (For Cash Collection Procedures see County'Administtatw's Bulletin 105.) .ORGSUB. TASK OPTION ACTIVITY AMOUNT DESCRIPTION FUND/ ACCT. . $ i + Lk j " ..• ! r r. � =.",ter '`J� �ti .s r- ► ff ' C" r . r t f i ,. -ti f= t ' /011 1)/T I d.0 Y__6A 0 `7 r'. I 01 ' ' ' 1 j EXPLANATION: TOTAL $ DEPOSIT .....,,. ,,t._ Deposit consists of the foilovAng items CON CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 'DEPOSIT PERMIT DPYY NUMBER . •� ;# ;f .- DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receip above amount is hereby deposit into the County Treasury. acknowled { r •.:. 1',• - Date •aft .- •�'- .''� . Signed• County Auditor Co EXT. Deputy my Deputy arty Treasurer 3-34 REV.(7-93) 0649--9665 / 112300: G1162510, $100.00, Security Code Deposit for prints, Nolte Beyond Engineering, 201 N. Civic Dr., Ste 255, Walnut Creek, CA 94596 0649-9665 / 112300: G1162257, $19,850.00, Encroachment Permit Deposit, 54000017-02, Shen Homes CP-AA, 8800 N. Gainey Center Dr., Suite 370, Scottsdale, AZ 85258 0649-9665 / 112300: G1162259, $8.905.00, MS 97-00016, Inspection, C.I. Title, Inc., 2925 Country Dr. #101, St.Paul, MN 55117 0649-9665 / 112300: G1162263, $7,0332,000, DA04-00035, Drainage Plan Check Fees, Shapell Homes A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1162264, $15,761,,00, Sub 05--08943, Plan Check Fees, Shapell Homes A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649--9665 / 112300: G1162268, $96,500.00, Sub 05-8929, Major Sub Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500., San Ramon,, CA 94583 0649-9665 / 112300: G1162272, $87,800.00, Sub 05-08928, Major Sub Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1162286, $500.00, #3023, Record of Survey, Schell & Martin., Inc., 3377 Mt. Diablo Blvd., Lafayette, CA 94549 0649-9665 / 112300: G1162288, $500.00, MS O1-0016, COA Compliance Check, Joan L. Brandt, 4300 Morgan Territory Rd., Clayton, CA 94517 0649-9665 / 112300: G1162289, $79.700.00, Sub 8927, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1162293.0 $1,990.07, MS 90-00143, Inspection Deposit, Todd Fujinaga, dba Arbol Vin Owners, 158 East Jackson Street. San Jose, CA 95112-5107 0649-9665 / 112300: G1162294, $54,700,000I PA 05-0022, Landscape Improvement Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500., San Ramon,, CA 94583 819800-0800 / G1162261,f $1,200.00, MS 97-00016, Cash Bond, C.I. Title, Inc., 2925 Country Dr. #101, St.Paul, MN 55117 819800-0800 / 61162265, $20,,700..00., Sub 8929, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd.,, Suite 500, San Ramon, CA 94583 819800-0800 / G1162275, $18,700.00, Sub 05-08928.Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800 / G1162292, $16.900.00,Sub05-08927,Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd,,, Suite 500, San Ramon, CA 94583 819800-0800 / G1162295, $11.400.00, PA 05-0022, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE StlbdivisiUp: PA OS-00022 (,ct'4ss-ref S 85 10) Bond No.: SU 5015796 Premi ,L.$11,,.274,.00 YMPR0VE11WNT SECURITY-BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (performance,Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1 RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of waylandscaping, and other related improvements in PA 05-00022 (cross--ref SU6 8-51-0)--- as specified in the Subdivision Agreement (Right of Way Landscaping), and to. complete said work-within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Ana, OBLIGATION: Windemere BLC Land Cornmv, LLC as.Principal,and Arch Insurance Company— a corporation organized existing under the laws of the State of Missouri and authorized to transact surety business in California, as Sure[y, hereby jointly and severally bind ourselves, our heirs,, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee: One Million One Hundred Twenw Seven Tbousand Four fig]adkedandOO/100 Dollars,($ r 4-ie 1400.0- for itself or any city assigner under. above County Subdivision Agreement,plus 9 B. Paytnept: Five Hun4red SixcyNinz Thousand Four Hundred and 00/100 Dollars 569, 00.00 1 to secure the claims To which reference is made in Title XV (commCncing with Section 3082) of Pan 4 of Division 11T of the Civil Code of the State of California. 3* CONDITION: A. The Condition of this obligation as to Section 2.(A) above i.s such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covcnants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its pan,to be kept and pzrformzd 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 thtmein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. AS part of the obligation secured hereby and in addition to the face amount specified therefore.,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees', incurred by County(or city assignee) in successfully enforcing such obligation, all to. be taxed-ass costs and included.in any judgement rendered. B. The condition of this obligation as to Section 2.(3) above i's Such that said Principal and The undersigned as wrporate 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 agreement and referred to in the aforesaid Civil Code for materials furnished.or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed,as costs and to be included in the j adgemcnt therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to thc 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 bond. Should the condition of this bond be fully performed then this obligafion shall become null and void, otherwise it shall be and remain in full force and effete. C. No alteration of said subdivision agreement or any plan or specifican4on of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and'the Surety hereby waives the provisions of California Civil Code 5ecrion 2819,_and holds itselfbaund without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on July 11, 2005 PRINCIPAL: See Attached Signature Block SURETY: Arch Insurance Company Address: 6121 Bollinger Canyon Rd. ,Ste.500 Address: 135 N. Los Robles Ave. #825 CiTy. San Ramon, CA Zip- 94583 City. Pasadena, CA Zip: 91101 By* By: 4tz Print Name: Print Name: Rhonda C. Abel Title: Title: Attorne):-Inw-Fa.ct mw %%YWSI\SHAXDATA%GrpD.ata\ftg$vc\Poni"N woRD\RN_12A CDC 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 ber By: Greg NAce resident By. Cindy Thomps Assistant Secretafy CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 2005 before me, Dina Pr Notary Public, personally appeared Greg Pomi and Cindy Thompson, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DINA PRINK Commission# 1453610 Notary Public•Califomla � � "•y�•� *• � Orange County • - My Comm.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 SIGNER IS REPRESENTING: Greg Pomi —Vice President lennar Homes of California, Inc. Cindy Thompson -Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU5015796 Number of Pages: Three (3) Date of Document: July 11, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before me, Rosa Estela Rivas,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 behalf of which the person(s) acted, executed the instrument. ROSA ESTELA RIVAS COMM.# 1447661 WITNESS my hand and official seal g NOTARY PUBLIC CALIFORNIA� � GRANGE COUNTY N � 20. ' My comm.expires Oct.28,20071t �.�, SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 'PO'VI�ER 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,Jane Kepner, Nanette Myers, Mike Parizino,James A.Schaller, Rachelie Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attorney(srin-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 credit. 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-,presents. shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same h a* d._b66h"*'duly executed and acknowledged by its regularly elected officers*at Its principal office in Kansas City.,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and'accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the 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, recognizances,, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed 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 filed with the Secretary, and the signature of the Vice President,the seal of the Company, and certifications by.the Vice President, 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 3.2003,, and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company,, OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. r v In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14th day of June ;2005 Arch Insurance Company Attested and Certified CORPORATE SEAL 1971 Mary Jea An rson. e President Edward M.Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public,do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents 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 duly 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. NOTARIAL SEAL FKATHLEEN MARCINKUS,Notary Public �'h`�� a,��•�Y Kathleen Marcinkus,N6tary Public amm�ssion Expires Feu 25,2006 My commission expires 2-25-06 .CERTIFICATION I, Mary Jeanne Anderson, ice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14,2005 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 certificate;and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF,.I have hereunto subscribed my name and txe e orates Arch Insurance Company on this 11th day of July 920 OS -Pon Mary Je ne Berson,Vice President This Power of Attorney limits the acts of those named therein to the bonds and ndertakings specificaily named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors&Developers Group 13S N.Robles Ave.,Ste,,825 Pasadena,CA 91101 once SF,4l ion OOMLOO13 00 03 03 NIii0l1) Page 2 of 2 Printed in U.S.A. -U:.P G-rc 1OnR`OPORTA' NT­NOT1.C,'.E CONCERNING, "- TH.E' T'ERR"ORIS.. .M RISK I �S.URAN'CELAC' '' '02 N* T OF 20...... . The,Te'"r��i�m �i5k lnsur�n�� Apt of�fl�2 e�t�blishes a m�ch�ni�rr� 4�: ' hith thefed'-ar,governme,et wil1-share With the' insurance. in�du�ry, ire lasses �risi�g �aut of ''acts +of ter�c�rism" certified a� suet by the S��r�tary of the Treasury. „Certified arts of terrorism"ars�efin�d as events that cause rn�re fhan $�mOfi.Qn in losses and: 1'.. Are violent or dangerous to.-human Ii-e Pr *rtyfrastruur , car the cte; 2. Result in- darnO* e .within the U61��d States. on a United. States rr�issiort, €�r to a Uinit'&d States aircraft �r ve's.s. e. .'IL.7an--- 3. Airy corn "d 'mitted by r�diuiduals, acf�ng �r� b eh�if of fbr��n persons or nt�r�ests, as pert of an effiort to coerce the Civ if an pop u[ation of fhe United States car to influOnce th e Oo[icies car �ar�ducf a�f the Un'ted States G.overtm.eit. TfieAct spec fed fhaf ��v�rag�-ft�r"Gerti#ied actsof't�rrarsr�" �mu�t be. mads av�ilabl� in �amrnercial property And casualty policies of insurance, ani it requirs insure to"' diStlos� any a�pl cabte pr��mic�m charges and the fedefaI share of c�mper�satian. 1fVe ars rr�a�cir�gthese disc��ure� in�tri�f compliance with�t�e Adt. Digel. s u re Of Availability of C�ru�raae for T 6 r*r'o­ft-m Losses COverage Jor.losses.resulting frim {`certif��acts cif terrorism" "s-'being made�vailabte to you an terms; amounfs, and firnitat'I'Ons generally applicable to' losses resulting from peri[s�th�r than-acts of terrorism. Disclosure Of Federal phare of Compensation for Terrorism Losses. The federal govier-h-meh't will pay -a:'.90% sharebf an insurer's terrorism losses 'once the insurer teas satisfied a significant'aggregate -annu-al ded'uctible F or terri�rism I osses occurring in 2002, that deductible is 1°!Q of the insurer's 2001 direct earned pr'em"um. For- loss�� accurrin� in. .2003, 20D4 and 2Q05, the annum insurer deduct bles.-arE 7%. 10% and. 15% of the prior ye.,�r's dir��t err�ed premiurr�, respecti�rely. The Act provides that neither insurers nor the federal government are respons[ble-for losses.associated with "c�rfiified acts afi terrorism" once aggregate annum in�urec�l'os�es exceed $ `OO b4filb.4. Disci o"'s' u r'e of Terrorism IntOrafte....Pretniu-1b `dour Son d'prerr�ium charge for''cer�ified'acts cif ter'roris'm"'roverage.is$0. S,R 80.17,*( �d, 11 OX. ) Page�4 of 1 Printed in U.Q. A.