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HomeMy WebLinkAboutMINUTES - 01252005 - 2005 RES 53 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 25, 2005, by the following vete: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOM AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2 05f 53 SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway and Sherwood Way,RA 03-01151,(cross-reference Subdivision 8509),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 for East Branch Parkway and Sherwood Way,road improvement agreement RA 03-01151 (Subdivision 8509)property located in the San Ramon(Dougherty Valley) area, Supervisorial District M. A Road Improvement Agreement with Windemere BLC Land Company, L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within one year from the date of said agreement.Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road 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 Originator: Public Works(F-S) on the date shown. Contact: Teri Rie(313-2363) Mrm o:\orpnata\Engsvc\Bo\005\01-25\RA 03-01151 so-Is.doc ATTESTED: JANUARY 25, 2005 cc: Public Warks-T.Bell,Construction Cent Planning,Community Development JOHN SWEETEN Clerk of the Board of Supervisors and T--November 25,2005 Windemere BLC Land Company,ILC County Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Attn:B.Olin National Farmers Union Standard Insurance Company One Financial Plaza,I&Floor By Deputy Hartford,CT 06103 Attn:A.Ward RESOLUTION NO.2005/ 53 SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway and Sherwood Way,RA 03-01151,(cross-reference Subdivision 8509),being developed by Windemere BLC Land Company, L.L.C., San Ramon(Daugherty Valley) area. (District III) DATE: January 25, 2005 PAGE: 2 I. Cash Bond Performance Amount: $62,000.00 Auditor's Deposit Permit No. DP 434613 Date: November 16, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number and Date: 4410156 October 27, 2004 Performance Amount: $6,138,000.00 Labor&Materials Amount: $3,100,000.00 Principal: Windernere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/53 TO: BOARD OF SUPERVISORS f� FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR DATE: January 25, 2005 SUBJECT: Approving the Read Improvement Agreement for East Branch Parkway and Sherwood Way,RA 03- 01151, San Ramon ou hert Valle4 area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 20051 53 for RA 03-01151, (cross-reference Subdivision 8509), approving the Road Improvement Agreement for East Branch Parkway and Sherwood Way,for project being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area.. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): RA 03-01151 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved and road improvements will not be completed. Continued on Attachment: SIGNATURE:' -✓ItECOMMENllATION OF COUNTY ADMINISTRATOR „_,-RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S r - �'' ACTION OF BOA ON JANUARY 25, --) APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORSminutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT_ NONE ) date shown. AYES: NOES: - ABSENT: ABSTAIN: ATTESTED: JANUARY 25, 2005 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: Teri Rie(313-2363) Supervisors and County Administrator JY:m7 G:1GspDatalEngSvc�BU12005\01-251RA 03-41151 130-15.doc CC: Public Works-T.Bell,Construction Current Planning,Cornnrunity Development T—November 25,2005 Windemere BLC Land Company,LLC By _ _- _, Deputy 3130 Crow Canyon Place,#314 San Ramon,CA 94583 Attn:B.Olin National Farmers Union Standard insurance Company One Financial Plaza,10'h Floor Hartford,CT 06103 Attn:A.Ward ROAD IMPItOVD<",MENLACIREEMENT Developer: _ Windetnere BSC land Company.LICA" Effective Date: 1 1 0 Development: RA 1151 (Gross Ref.SUB 8509) Completion Period: 1 year Road: - _ _ East Bran-oh Parkway&Sherwood Waw W NDEMERE BLC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT T HERETO: BY:LEN-OBS Windemere,LLC A Delaware limited liability company CONTRA COSTA COUNTY Managing Member Maurice M.Shiu,Public Works Director BY:Lennnar homes of California,Inc., Managing Member By: &XA40�(SlgnatUreC2 ) (print natne&title) Don Larsen,Vice President RECOMMBINDED FOR APPROVAL By: (signature) Engineering'Servi es i sion (print name& itle)Darleen Catpente Asst.Secretary FQR.M APPROVED: Victor J.Westman,County Counsel (NOTE: All signaturos to be acknowledge& If subdivider is incorporated,signaum must conform with the designaW representative groups pursuant to Corporations Code 6313.) 1. PAItTIBS&DATE.Effective on the above date,the County ofContra Costa,California,hereinafter called"Coon "and the above-mentioned PTSIot7er mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street fights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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. IMPR,0VEMENT _t_C_U DTY. Upon excouting this Agreement,the Developer shalt,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 62 000 cash,plus additional security,in the amount of S 6.138,000.00 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 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 3.100.000.00 which 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 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 securities may be reduced in accordance with S94-4.406 and S94-1.408 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 satisfactodlyfor a period of one-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. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system S. PLANT ESTABLISHMENT WQRK. Developer 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 other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROUMtNT PLANT WARRANTY_ Developer warrants the improvement pians 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. lf;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. 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 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. 8. INI)EMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The Lia i ities 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 Iiabilities and claims. C. The actions causing liability are any actor 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-Cfrnditions: 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 has insurance or other indemnification covering any of these matters,orthatthe alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS: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. Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even ifDeveloper subsequently completes 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. 11. 1NCORPORATIQ.N EXATION. If; before the Board of Supervisors accepts the work as complete, the development 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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw UPWS4ISHARDATA1CnpData�EngSvctFonns\AG WORD\AG-24.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /1 ss. County of C>"-�A On 0 E' 8 aP1 P4�-•0-.F before me, � �1_ Date�� 1 Name and 7110 of Officer(e.g.,"Jana Doe.Notary Public"1 personally appeared i > LEI c 1`v • r%.) ) Names)of Signar(s) %personally known to me L. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are MIEN L.ittilW subscribed to the within instrument and Corr T#Allo�� 3'7 acknowledged to me that MA9*e/they executed Notary Pubbc -CaNar4a the same in hia4her/their authorized Contra Costes County capacity(ies), and that by 4i&+ef/their ) i!uty Comm.E> tact 7,2006f signature(s) on the instrument the person(s), or i the entity upon behalf of which the person(s) acted, executed the instrument. WiTNES my hand aN offici I seal. / Signaturet N� ty F ubk OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: - - _- - Signer(s)tither Than Named Above: Capacity(ies) Claimed by Signer t Signer's Name: [ELIO11l ❑ individual Top of thumb here L. Corporate Officer—Title(s): ❑ Partner—❑Limited CJ General Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: � Signer Is Representing: 01998 Nationai Notary Association•9350 Da Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toii�Frea 7.800.97E-6827 IMPOSIT PKUIMU OFFICE OF COUNTY AUDITOR-CONTROLLEi,.- b-- MAM INEZ,CALIFORNIA 1 0 THE TREASURER: E+CEMM FRCM - s ORGANIZATIONNUMM (Far Cash Caliedion Praoe&m see County A Ctrcdor's Bulletin 10.B.) DESCRIPTK)N FUW/0Ra. TASK 0P*nC)N AG'tWITY AMOUNT ACCT «.r )Y�f t ( i 14 lzv i �{,� -(�`t � j � i t'4 /. �+L/trr it1'+"' �C.✓ t /.,,,.i t ' , i 1 -< 4J : irj�rrn Ii:� t ' 17 3 EXPLANATION: / 1 r� � TOTAL Sr �DEPOSIT �l f � � 16 Deposit cormts.of*w fokowing items om CURRENCY _ : /�` ,Mo ETC- S "a'" _f( r>f•.wJ-e- / (�•_n / l > J t 7 d 1 I BANK DEPOSITS $ FOR AUI)170R-CONTROLLER USE OhLy DEPOSIT j /r ..,i" r�1 'd,'' ✓f.J f' .�.' .. !I' .... }} PERMIT D �! / 1 / �C5� i fJ✓ '""-Y /`.l NUMBER 11j ff / I DATE ASSI ED The amount of money described 6bove is far Tress e s receipt of above amount is approved Receipt of ab"amount is hereby drosit inter the County Trnasury. acknrrwiedged. Siir d: Title: SigneDepty Signed . Cotyii Treasurer D-34 PEV.(7.931 - �� X'V I 1 lip f OFFICE OF COUNTY AUDITOR-CONTROLLER MAR`CZ.CALIFORNIA ! w 0 THE TREASURER. EECEIVED FROM C>V'lGANIZATiONHUMBER Lr/ {For Gash Gaibction Praoedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORC+ ACCT TASK OPTION ACi1YITY AMOUNT $ i _4 ..w..-• J f...'x: /' - C'- �- r��r `tee� 1 w..-%/� i ..:✓ 4 i Ll�` `q `' .+' ✓ ri J ) fir' .'`/r f�! 1', /-'�^''7 �r r 1` ✓ !'. t 7 i J r .1 c �...�— t� � iq � � qtr ,,i ,.��- •``_(� =�t%'-, i r�� " I i -�7 I 22 ,t' s'✓'. ✓,'1 �1 � t t_ } �.�-� fe rw,f / �r" r. (., �r�C. J i 1 Z74 / jr 4 t 4 i i EXPLANATIC?N: TOTAL � ! DEPOSIT Dwpw Consists of the folbwing ftm CORN and CURRENCY $ -- } CHECKS.Ma ETC. $ SAW DEPOSITS $ FOR AUDITOR-CONTROLLER USE C tI&Y DEPOSIT � R DP DATE 434613 OV I tr64 ASSIGNED The amount of money described above is for Treasurer's rem f above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Si { ,j 1 hateOn- County uty Cour>ry Treasurer 01649-9665 / 8310000: 61140538, $5010.00, R52959, Record of Survey Deposit, John C. hover, 3708 Mt.biablo Blvd, Ste 100, Lafayette, CA 94549 0649-9665 / 8310000. 61140539, $500.00, R52960, Record of Survey Deposit, Diana Bryggman, 140 Post Rd., Alamo, CA 94509 0649-9665 / 8310000. 61140540, $500.003, R52961, Record of Survey Deposit, Robert A Devries/ Bar R.D., 2240 Railroad Ave., Livermore, CA 94550 0649-9665 / 8310000: 61140541, $500.00, R52962, Record of Survey Deposit, Madeline Tam, 440 Camelback Rd., Pleasant Hill, CA 94523 0649-9665 / 83100100: 61140543, $1,154.64, MS 2203 Plan Check, Paul b. Christensen, PO Box 649, Alamo, CA 945077 0649-9665 / 83101000: 61140544, $1,000.00, MS 19-00, COA Check, HL Harris Ranch Account, 1545 Rockville Rd. Suisun, CA 94585 0649-9665 / 8310000: 61140549, $97,730.0014 Sub 8778, Major Sub Civil Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1140545, $62,000.00, RA 1151,Performance Cash Band, Windemere SLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800)-080}01: 61140548, $20,940.00, Sub 8778,Perf ormance Cash Bond, Windemere RLC Land Company, LLC, 3130 Crow Canyon PI #'310, San Ramon, CA 94583 01682-9752 / 819200; 61140542, $300.00, Parker Avenue Underground 357-113-009, David Johnson, 686 Parker Ave, Rodeo, CA 94572 0682-9752 / 819200: G1159254, $17 816.00, Road Trust Mtce Fee, Sub 8716, Brookfield Savoy, 500 La Tonda Way, Ste 1001, Danville, CA 94526 Executed in Duplicate Bond No.: 4410156 Development: RA 1151 ACross Ref. SUB 8509) Premium: $30,690.00 NPROVEMENT SEMrcY BOND FOR ROAD IMPROVEMENT AC EMN"r (Performance, {guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL of ROAD UIPROVE.MF_N"1'AGREEMENT: The Developer (Principal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 2151 to complete said work within the time specified for completion in the Read Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIG.&TION: Windentere BLC Land-Company,L.L.C. as Principalatut National Farmers Union Standard Insurance* a corporation or��S�iZed under the laws of ilk State of Colorado ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs, executers,administrators,successors and assigns to the County ofContra Costa, California to pay as follows *Company A. Performance: Six Million One Hundred Thirty Eight Thousand and 001100 Dollars )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: 'three Million One Hundred Thousand and 001100 Dollars (S3.100.000.00 )to secure the claims tri which reference is made in Title 15 §§ et seq. of the Civil Code; of the State of California. 3. CONDrrioN: A. The Condition of this obligation as to Section(? A)above is such that if the above bonded Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city asstgnee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it sl=ab be and remain in full farce and effect As part of the obligation secured hereby and in addition to the Face amount specified therefore,there shall be included reasonable costs, expenses and fees,including reasonable attorneys fees,incurred by The County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and alt 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,labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered It is hereby expressly stipulated and agreed That this band 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 of the State of California, so as to give a right o action to them or their assigns in any suit brought upon this bond Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain it,full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given To make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and Bolds itself bound without regard to and independently of any action against Principal whenever taken 4. SIGNED AND SEALED: The undersigned executed this document on October 27, 2004 NATIONAL FARMERS UNION STANDARD PRIkhCIPA-L: See Attached, Signature Page SURETY: INSURANCE COMPANY Address: 3130 Craw Canyon Pl. , #310 Address: One Financial Plaza, 10th Floor City: San Raman, CA 94583 City: Hartford, CT 06-103 By. See Attached Signature Page By2a 3 - 1 Print Name: N f A10 Print Name: Ashley K. Ward Title. N 1 A Title: Attorney-in-Fact � rsua�€ S�r"acrnstEN urC3R18N�aoc WINDEMER,E 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, Vic president CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 28, 2444 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. DIy�APRtNTY r 4M1 Commission# 3463610 No cry Public-CafifofnI / ° "° Cronge County My comm.Expires Nov 28,?007 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 SIGNED SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHE©DOCUMENT Type of Document: Surely Bond No. 4414156 Number of Pages: Three t3) Date of Document: October 27, 2444 Signers (other than those named above): Ashley K. Ward CALIFORNIA ALL-PURPOSE,9 14OWLEDGMENT No.6907 State of California County of Orange On October 27 2004 before me, Jeri Apodaca,Notary Public MATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.'Ward NAMES)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. JERI APONCAA Ct}mr,#1379729 NoraRv PUBLrings unty.ollrllk WITNESS my hand and official seal. orango County .� �Y Comm.ExpirEs Oci.ti,?SOB 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 TITLES) ❑ PARTNER(S) LIMITED R GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF MAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 54067/GEEF 2198 Q 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91308-7184 NATIONAL F &aRRS UNION STANDARD INSURANCE COMPANY [in the process of being renamed Quanta lndemaity Company] New York City,New York 10020 POWER OF ATTORNEY 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 of Irvine,California 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 sum not to exceed FfFTY ha—_L UN AM 00/100 12OL ,.RS 50.000 000.001 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 Ey-law,which.By-law is now in full force and effect: ARTICLE XVTII-EXECUTION OF POLICIES,BLINDS,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,anyone 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 WHEREOF,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 266 day of Marc 201)4. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By y(Zqt Walda Decreus,Assistant Secretary 4P ytn{Mky tC�EB STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this qday of March,2004.before me,a Notary Public,personally came WALDA DECREUS,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. CaM E.G#rtoWa �... NOWY,PdAe-Stift of WW Yoh 0101476 �M m chr Conrdy f Notary Public MY Cdfi�'1'�'1R8ti ton rde.rum so,2006. CERTIFICATE I,the undersigned,Secretary of National 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 2 7 th day of October , 2004. By Martha G. merman,Secretary sr QU&-NT,& 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. Holdings, 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% 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. Farm Number SUR 10001 (Ed.4/04)