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Home My WebLink AboutMINUTES - 12162003 - 2003 RES 620 �I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 620 SUBJECT. Approve the Drainage Improvement Agreement for Windemere Main Branch Alamo Creek Outfalls DA 0026 (cross-reference Subdivision 8508), being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Windemere Main Branch Alamo Creek Outfalls for drainage acceptance file DA 0026 (cross-reference Subdivision 8508), property located in the San Ramon(Dougherty Valley) area, Supervisorial:District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement. Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: 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 date Originator:Public Works(ES) shown, Contact: Teri Ric(313-2383) LT;rm Cr\c z>at&Pubic Works- t Bele\DACon tr coon « ATTESTED.__ OCTOBER 14, 2003 cc: Pubic Works- T.Be11,Construction J. may'Engineering services T-August 7,2W4 JOHN SWEETEN,Clerk of the Board of Supervisors and County Windernere BLC lana Conpatty,L.L.C. Brian Olin Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Travelers Casualty&Surety Company of America Patricia H.Brebner 9325 Sky Park Court,Ste.220 By Deputy San Diego,CA 92123 IF RESOLUTION NO.2003/_ 520 SUBJECT: Approve the Drainage Improvement Agreement for Windemere Main Branch Alamo Creek Outfalls DA 4026 (cross-reference Subdivision 8508), being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District Ill) DATE: October 14, 2003 PACE: 2 I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP409852 Date: August 5, 2003 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number and Date: 104125075 July 28, 2003 Performance Amount: $56,000.00 Labor&.Materials Amount: $28,500.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public 'Warks Department. RESOLUTION NO. 20031620 DRAINA r5E IMPROVEMENT A,Qr EMENT Subdivision: DA 002.E gross-Reference SUE 85081 Effective Bate: Developer: Windetrtere BLC Land ComRaa ry LLC Completion Period: I year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company By:LEN-OBS Windemere,LLC, CONTRASQT'A COUNTYA Delaware limited liability company DEVELOPER Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc., Managing Member By: (signature) _ RECOMMENDED FOR APPROVAL (print name& itle) Don arson,Vice President By: (signature) EngineerinServ' t ilio (print name&Ti ) Lynn chim,Asst. Secretary FOBPPROVED: Victor J.Westman,County Counsel (MOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-named Dem o r mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For erfo ance-aDA-C amnte : $ 1.000.00 cash,plus additional security,in the amount of$ 56.00 .000 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 cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 28.500 00 ,which is fifty percent(5001c)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check _ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. S. IMPROVEMENT PLAN WARL;LANT'Y. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY Q0 . 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 therefore,or any combination or all of these acts,shall not relieve the Developer 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, 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special distriet,'elective and appointive boards, commissions,officers,agents and employees. B. The liahr,' ie protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causingiability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditigt : The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell')including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement, 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NQN-PFRORMANC AND ��TS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer 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. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASS QN_MENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOU. PL:kw \\PWS4\SHARDATA\GepData\EngSvc\Forms\AG WORMAG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of -.. CAPACITY CLAIMER BY SIGNER On �k ,before me, s t , Though statute does not require the Notary to rill to DA NAME,TMT OF OFFICE E.G., JANE DOE,NOTARY;PUBLIC' the data below, g so may doing t y prove invaluable to personally appeared U �}}'1� ( ,} � persons relying on the document. NAMES)OF IGNER(s) 13 INDIVIDUAL personally known to me• pro satisfaotory evidanee to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)Ware TITLE(s) subscribed to the within instrument and acknowledged to me that N~they executed U PARTNER(S) 0 LIMITED the same in h#4mftheir authorized T.AUSTIN CI GENERAL Commission# 1378739 capacity(ies),and that by hi0terftheir 0 ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or TRUSTEE(S) TRUST TRUST OMYCOMM. Notary Public - Californir the entity upon behalf of which the personCl s) 0 IANlCONSERVATOR Contra Costa County acted,executed the instrument, 0 OTHER: ExpiresOct7, hand and offciai seal SIGNER IS REPRESENTING. (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTAR OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHER Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature, The name must 6e signed exactly as it is typed or printed. II. I�GNAI'UR_ES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III, SIGNATURES FOR PART. ER—HIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign or an incht a partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed y two officers,one from each of the following two groups; GROUP 1. (a)The Chair of the Board ((b The President c Any Vice-President GROUP 2. jaThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "..,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors," IC:m W G:IGrpl)*mlF%Svc7orvw4WORD FORMSIALL PURPOSE NOTARY.doc Rev.Auaust 1,2001 COUNTY OF CONTRA COSTA f DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures sea County Ackninistrow's Bulletin 101-5.) DESCRIPTION FUNDJORG. SU T TASK OPTION ACTIVITY AMOUNT y� $ t l7L I I If '71 3 ► . 61-OV 6 a rc 170 } i ` ¢ �5 'f f `i it ?551 '� EXPLANATION: `t DEPOSIT TOTAL $ , 9'7 i c� Deposit consists of the folloyAng items. CMN and CURRENCY $ CHECKS,Ma ETC. BANK DEPOSITS $- -- ; J ` j`; 1 � S7 `l�l b FOR AUDITOR-CONTROLLER USE ONLY �} p �,r PERMITDEPOSIT t?- 02 0 7317 9- C��J / NLWBE CSP NUMBER DATE 3 The amount of money described above is for Treasurer's receipt of obove amount is approved Receipt of above amount is`weby deposit into the County Treasury. acknowledged Signed: Signed: �' r Tit, j f 1 XY `f De (p ixmty A i Deputy County Treosum )-34 REV.(7-934" ( P_ls)o°� i 1 ' O., tfi I L' 1_. \I 'r PH'" 1 7{ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA Zf RECEIVED FROM ORGANIZATION NUMBER (Far Cash Coiieotion Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG GCT TASK OPTION ACTNITY AMOUNT $ ! � Q # i 2#1 0 i i R - ` EX LANATION: TOTAL S DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT U k. PERMIT D NUMBER 4 DATES t� — ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby into the County Treasury. acknowledged. �. 1 Signe Date ! Signed: Signed Titl Gt� -- EXT, ;�, Deputy C ty Auditor Deputy County Treasurer 1 i-34 REV.(7-93). r =- j COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA ` RECEIVED FROM ORGANIZATION NUMBER (far Cash Coitoction Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORC% �� TASK OPTION ACTMTY AMOUNT 61V �3 ' 1 / 7 t ' 'e `fili ` }36 r . t { f /' III } lilt i 1 � 3q, 1 j { t� r ' ►5 r .z 333, s1 /I I I lilt I I I I t I I I I `'\. E 173 EXPLANATION: TOTAL $ i DEPOSIT ' Deposit consists sof the following items CONN and CURRENCY $ CHECKS,M.Ct,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLYDEPOSI PERMIT] Df #- t) +2 NUMBERDATE / ASS*NED The amount of rrusney described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby sit into the County Tnsasury. acknowledged, a ' ' r Si 1 l ` Date Signed; rid. T',tie # j/ t✓L r xT v t`l Deputy County Treasurer -34 REV.{7-Q3 r � �i slt;J3 COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA G r( RECEIVED FROM U ORGANIZATION NUMBER u (I )o (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG U& TASK OPTION ACTIVITY AMOUNT ZL6i6ad/2? •A } } } } } } } } } t 1 i i } } 1 1 } 1 } , EXPLANATli,I : TOTAL $ } DEPOSIT } Deposit consists of the following items COIN and CURRENCY $ CHECKS,kO,ETC. $ _- BANK DEPOSITS $ -FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE ASSIGNEDThe amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby sit into the County Treasury. acknowledged S Date � �, ' Signed: Signed: Deputy, ty Audi Deputy County Treasurer -34 REV.(7-93) 0649-9665 / 831000: G1120665, $500.00, 852816, Record of Survey Map Check Fee deposit, Surveyors Job #0326, bavid D. & 5indy Appel Wilkinson, 200 Douglas Ln., Pleasant Hill, CA 94523 0649-9665 / 831000: G1120666, $500.00, 852815, Record of Survey Check Fee Deposit, Surveyors Job 0150, Jacqueline G. Stewart, PO Box 19, Clayton, CA 6451,7 0649-9665 / 831000: G1120667, $1.600.00, MS 4-02, Map Check Fee, Horse Hunt International, 2400 Ranch bel Lago Rd. Martinez, CA 94553 0649-9665 / 831000: G1120669, $26.162.00, PA 0006, Landscape. Improvement Plan Review Deposit, Windemere Phase II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, fan Ramon, CA 94583 0649-9665 / 831000: G1120670, $5,205. , DG 0026 Drainage Improvement Inspection Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 0649-9665 / 831000: G1120671, $5,140.00, DG 0026, Drainage Improvement Plan Review Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Craw Canyon Pl. #310, San Ramon, CA 94583 00-0800:- G1120672, $4mOW.00, DG 0026, Cash Band (civil), AVindemere Phase III Win re BLC LLC, 3130 Crow Canyon Pt. #310, San Ramon, CA 94583 819800-0800: G1120673, $19,500.00, Sub 8716, Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, .San Ramon, CA 94583 819800-0800: G1120677, $28,300.00, Sub 8717 Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 Executed in Duplicate Development No. DA Q026 fC L- f SO $5081 Bond: 104125075 Premium: $392.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance & maintenance,A, 2 Iabor and materials) 1. OULIGATION: Windemere&C L=dQDmmL LIZ Principal,and Travelers Casuals and -Surety Com an of America , a corporation organized and existing under the laws of the State of Connecticut and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors and assigns to the County of Contra Costa, California to pay it, A. Faitbful Performance,& Maintenance: l ifiy Six lhgusand and 001100 Dollars _($ 56,,000.00 )for itself or any city-assignee under the below-ciTed Drainage Improvement Agreement,plus E. Labor& Mater": we i t T12USAnd Five-10 /10 Dollars ($_--285 00-0 } )for the benefit of persons protected under Title 15§et seq. of the California Civil Code. 2. RECITAL : The principal contracted with the County to install and pay for drainage and other improvements in , as specified in the Drainage Improvements Agreement,and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for SUB 8308 W" 3. CQ?Q TICIN: If the principal faithfully perforans all thugs required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section l-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period,and if'principal fully pays the contractors, subcontractors, and persons renting equipment or finnishing labor or materials to them for said work and improvetnem and protects the premises from claims of such liens,then this obligation as to Section I-(B)above shall became null and void; otherwise this obligation remains in hill force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code 11 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken,and agrees that if County sues on this bond, Surety will pay reasonable attorney fres fixed by court to be taxed as costs and included in the judgement. 3. CrD ;DITiCa1V: A. The Condition of This obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in mall 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 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 surcry 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 count,and to be taxed as casts 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 claitms cinder Title 15(commencing with Section 3082)of Pan 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 boned. Should the 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 tete County shall relieve any Surety from liability on this bond; and count is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED ANIS SEALEIJ}on 28 2443 Winde ere BLC Land Compa C Travelers Casua ty an urety PRIN Ir B : Lennar of California, Tnc.,SUR7 Com an of Ame c6a- its ma gekl By 8y Lawrence H. Tho an Vic resident Patricia H. Brebner, ttorney- n- act Address 130 Crow Canyon P1 X314 Addmss,__9325 Skv Parr. Court,, Suite 220 San Ramon, CA 94583 San Diego, CA 92123 G K:x�,a.�+tety�.etCcxw��a'UFtA�y-ttl A4c Rxv.3�2S,20W CALIFORNIA ALL-PURPOSE AC' )WLEDGMENT No.M7 State of California County of Qdr e - - On July 28, 2003 before me, Leigh McDonough,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- D 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 L: "` ' _ "' signature(s)on the instrument the person(s), or the entity upon GH MCDONOUGH behalf of which the person(s) acted, executed the instrument. Corn *%Ion*1328674 Notary Public-California Oranges County aWly corrin.E*inee Nav 8'ztt(6 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 Tm.E(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) f SIGNER(S)OTHER THAN NAMED ABOVE 6-4087/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 94309-7184 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of February 2003. STATE OF COAiNEenCUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD Xy tli12 $Y +r Georg*W. Thompson Senior Vice President On this 28th day of February,2003 before me personally came GEORGE W. THOMPSON to me known„who,being by me duly s+a om did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, this corporations described in and which executed the above instrument;that helshe knows the seals of said corporations•,that the seals affixed to the said instrument are such corporate seals;and that helshe executed the said instrument on behalf of the corporations by authority of his/hear office under the Standing Resolutions thereof. My commission expires June 30,:2048 Notary Public Marie C.Yetreauit CERTIFICATE I, the undersigned, Assistant Secretary of 'TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in fall force and has not been revoke, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,ane now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. 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Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. dA Witness m ted and official seal. GORD03"J. y Commission;O 1335380 7i Notary Public-California �,, ✓" """-- Orange County MY Comm,Ergines Dee 17,2005 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: Comorate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 104125075 Number of Pages. Date of Document. July 28, 2003 Signers (other than those named above): Patricia H. Brebner Iravelers ' IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 9010 of the amount of covered losses caused, by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium.