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HomeMy WebLinkAboutMINUTES - 10252005 - C24 TO: BOARD OF SUPERVISORS 017 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 25,2005 SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivision 05-08927, being developed byWindemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051 40 M for Subdivision 05-08927, approving Subdivision Agreement (Right of Way Landscaping) 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: 4--' SIGNATU ,.=4 COMMENDATION OF COUNTY ADM OR RECOMMENDATION'OF BOARD COMMITTEE --APPROVE OTHER � SIGNATURE: S : r ACTION OF BOA$q ON Y APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VE7E OF SUPERVISORS minutes of the Board of Supervisors on the J UNANIMOUS(ABSENT ffi- date shown. AYES: NOES: ABSENT: ABSTAIN: rll:rm ATTESTED: G:\GrpData\EngSvc\BO\2005\10-25\SD 05-08927 BO-16.doc JOHN SWEETEN,Clerk of the Board of Originator: Public Works(ES) Contact: Teri Ric(313-2363) Supervisors and County Administrator cc: Public Works- T.Bell,Construction Current Planning,'Community Development T--July 13,2007(PI) f Windernere BLC Land Company,LLC y p Y 6121 Bollinger Canyon Road,Ste 500 B , Deputy San Ramon,CA 94583 Attn:B.Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:'Rhonda'C.Abel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adoptedthis Resolution on October 25, 2005 by the following vote: APES: Gioia,Piepho,DeSaulnier,Glover and'Uilketna NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 4 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08927, 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 Subdivision 05- 08927, 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 year(s) 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: 1. Cash Deposit Deposit Amount: $1,200.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 448563 July 25,2005 EH:rm I hereby certify that this is a true and correct copy of an Originator:i rigsVc Works(ES) swn 05-08927 so ts.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 /J�'���r�-�r T—July 13,2007(P1) ATTESTED: S67, 7;Ke r- 4S, •w"w Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 JOHN SWEETEN, Clerk of the Board of Supervisors and SanRamonamon,CA 94583 Attn:B.Olin County Administrator Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse'Suite Glendale,CA 91203 Attn:Rhonda C.Abel By / Deputy RESOLUTION NO.2005/ 6 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08927, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE October 25,2005 PAGE: 2 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08745437 July! 2005 Performance Amount: $123,400.00 Labor&Materials Amount: $62,300.00 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. SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SU§95- B27 Effective date. Subdivider: W 0_6rnare B_LC t-and Cornparly,LI:CCompletion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES,AGREEMENT HERETO: 'tvMDEMERE BL`C LAID COMPANY,LLC A California limit;d liability company ayCONTRA COSTA'COUNTY SUBDIVIDER", ware�iz tc�ttiat�tx��co pang Managing Winber Maurice M.Shiu, Public Works Director 13y: ennar omes of fornia,,Inc., an ink c' $y: (sigtu au (print Hansa&title Ivtenalccr, . cretary RECOMMENpEQ FOR.APPRt 1tAl: (Signature,) �x�f gY (prirst n� Ple� arson,Vice President Engineering Services ivi on ' FORM AP OVEQ: Victor J.Westrman,County Counsel (NOTE:All sEgnatures to be acknowledged.If Subdlukleris incorporated, signatures trtust coniorsrr with the designated representative groups pursuant to Corporations Corte 013.) `- t. PA TIS DAVE, Emotive on the above date,the City of County of Contra Costa.California,hereinafter called" ur y°and the above-mentioned1 dt fir,mutually promise and agree as follows concerning this subdivision: 2. I PROVE: T Subdivider agrees to install certain road improvements(Ixsth publlc and private),drainage Improvements, signs, st�re=o,*af , ir�yclrarEts, rands; ping, anis such other improvements rincluc ng appurtenant egtitprneEtt} as required in the improves or#his ubtlivislon as reviewed and on Erre with ite Centra CostaouPui riircWorks€3epartment,and in ponforrnance with'ttEe ontra osta County prdirtance Cade(Including future amendrnerrts thereto. .Subdivider shall complete said work and improvements(hereinafter called'work*l within the above cornplellon period from date hereof as required by the CaiiforniaSubdivision Map act{Gavernmant Code§§864#t�and fallowing),in a good workmarsllke rrranner,in accords nce with accepted construction practices and in a manner equal or sr�perlot td the r alrements of�County ordinance Code and rulings made thereunder,and whets there is a co befween the impro merEt plans and the County rJrdlnance Code,the stricter requirements shall govern. 3. IMPROVE I ENT ESI RAY. Upon executindthis Agreernen#,the Subdlvldershall,pursuanttoE7overnme Code§66499,end the County Ordinance C #,provide as security to the County: A. Por Perform nce and Guars tars ee: $ 1,2t Qt %t cash,plus additional securltv,In the amount of_ 123.4.0%Q9 � which together total one hundred percent(160%)of the estimated rest of the work. Suri additions 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 work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance, 8. 1=ezr Pgr : Seccrrity IEt the amount of$ 62'3flU t1b' ,which:Is fifty percent(5ti%}of the estimated otter of the work. Such security#s present En the form of Gash,certified check,or cashier's check 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§94-4,468 of the Ordinance Code. 4.'- GUARANTEE AND fti aA :D(OF WOR . Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of ane-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. Subdivider 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., 5. PLANT ESTABLISHMENT WORK. Subdiv€der agrees to perform establishment work for landscaping installed under this agreement. plant establishment work shail 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 fora 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 promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvementpplans prove to be inadequate in any 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 empioyee 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 andfor materials,or payments;therefor,or any combination or all of these ads,shall not relieve the Subdivider of his obligation to fulfill this areement 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 theiiabilities 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatener) 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),orother proceeding(s)concerning said liabilities and claims. C. The actions causing liabilityare any act oromission(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 pian{s)or specifications)in connection with this work or subdivision,or has insurance or other indemnification covering any of these rnatters,=alleged the aileged damage resulted partly form any negligent orwillful 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. SUR'VE'YS. 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 falls to complete the work within the time specified in this Agreement,and subsequent extensions, or falls to maintain the work; the County may proceed to complete and/or maintain the work by contract or otherwise,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 eventthe County proceeds to compete and/or maintain the work. Once action is taken by Countyto complete or maintain the work,Subdivider agrees to pay all costs incurred bythe 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 Hoard 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`fulfili all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shah allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kwaaprp G:1GData\ENSvc\FomuV.G WORMAG-30A.doc Rev.May 48,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT State of California County of Contra Costa' On July 8,2005 before me,Karen L. Keenan.Notary Public personally appeared Don Larsen& Pawl J. Mgn_ er 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. 1ENAt4 Cgrn"Ifuron# 137 Not€ryAjt*C-COWWVG i store of Public Contra Costo City Co"v E" C ct7, NEI Rli [A To ORGAMM"4 MAMOR I ALS, I hct i,.j County s 4 pmco&**s"eC ityAdnio Sulk -M DESCRIPTION It /ORG TASK ION ACTMTY AMMNT AC6ct6 >1 i ioiv f,Z, 77 & V L us 14 h)v. 4' (4164 J. 76 L-- A� Ali j z 1 116 46 I I I 1 1 16 16 1 A a! U' 4. E A TOTAL x tMmiok 4,4 44 4 /161 PEPO $IT ;L44 6 amCURRENCY CHECKS,Ma EX 6 n 77/ FOR AU ubrr'o It CONT 661 6 ONLY WOO 6 PER T DP6 DATE olp 4*0015;;by too. slo* slorwa& Deputy U-qy "Tr v Depu Co T, 3' NUMBE ORGANZATtM .1'16 1 CN'C Cdfstticsn Plliteclures see Csly,*105.} DSC 1PTIONN JC►t TASK M©N ACTMTY Ah 7M $ ID1 t 46 IY i 1 i i 1 1 f 1 ! f ! i 1 ! 1 1 ! ! l i I I i 1 EXPLAt�dAT[C�Ni TOTAL.' i CWPpSlT i $ 'h of f Fl►C i17 3 1rr COIN and CURRENCY $ CHEO(S,M, ETC. $ �- FC R A ITOR-CORMWER USE ONLY I'EW DATE ASS1GI�fl � The c3rrusvnt c>f r�r eJescr l a sxrv+a is dor T umes roc eipt a#aboxe amowt#is approved. t cei}�t;of+bcve amc>uriP is Hereby tep®sit i CtLNtyraass�ry. acktsaed. � X. Simi. _ " .,., §' +utY Gttiumrty AvclRor Deputy Gr�txtty Treasurer 0649-9665 f 112300, 'C 1161389, $1.400.00, Drainage Permit 409-05 Cash Deposit, Oskar G Sundstrom, 5316 Sobrante Ave., El Sobrante, CA 94803 0649-9665 1112300, G1161390, $500.00, FS 3024, Record of Survey Deposit, Carlson Barbee & Gibson, Inc., 6111 Bollinger Canyon Rd., #150, San Raman, CA 94583 819800-0800, 61161371, $11.000.00, RA 05-.01198, Performance Cash; Bond,;:, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,'CA 94583 819800-0800, G1161375 $25,800.00,RA-04-01174, Performance Cash.:Bond Windemere"' BLC 'Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161377, $3.800.00, RA 04-01174, Performance Cash Bond Windemere BLC Land' Company, LLC, 6121 Bollinger Canyon Rd.; Suite 500, San Ramon,CA 94583; 819800-0800, 61161379 $. 2+x.00, Sub Q5-08927, Performance Cash Bond, Windemere BLC Land CoMP40 LLC :61:21Bollinger Carryon Rd., Suite 500, San Ramon, CA945 83 819800-0800, 61161381, $1.200.00, Sub' 05-08928, Performance Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161383, $1,700.00, Sub 05-08929, Performance Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0648-9140 / 112200: &118$818, City of Brentwood, ` 708 Third St. Brentwood, CA $76.,911.60, BW DA 105 S.R. $155,763.40, BW DA 104'`S.R. 0649-9665'/ 112300, 'G1161370, $9.600.00, RA 05-01198, Road Acceptance Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161373,$119,500.00, RA 04-01174, Road Acceptance Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA 94583' 0649-9665' / 112300, 61161376, $20.500.00, RA 04-y01174 Landscape Improvement Inspection Fee, Windemere ' BLC Land> Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161378,$9,100.00, Sub 05-08927, Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, &1161380, $8,800.00, Sub 05-0898 Landscape Improvement Inspection Fee, Windemere BLC Land'' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583' 0649-9665' / 112300, &1161382,$11''.000.00, Sub 05-08929' Landscape Improvement Inspection Fee, Windemere` BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 611613,84, $9,778.00, RA 05-01193, Road Improvement Plan Review, Shapell Industries of Northern California, A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300, G1161385, $9,658.00, SD 78-04990, Inspection Deposit, Mariner'Estates, LLC, 222 Rush Landing Rd., Novato, CA 94945 ....................................... .... ................. .. EXECUTED IN DUPLICATE Subdivision: STOS-08927 Bond No.; 08745437 Premium:$I,1'72.00' ly&POV'EMENT SECUIUT'X BONA FOR PU IC RIGH.T OF WAY LA"SCA PE AGREEMENT' (Performance,Guarantee,and Payment) (California Government Cade Seclions 66462 and 66463) 1. RLCtTAL p ?V$6j�tstor4 AGREEMENT:: The Principal has executed an agreement with the County to install and pay,feir pudic right of way landscaping, and other related improvements in Subdivision 05-089 7 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 Landscapmg), all in accordance with Slate and local laws and rulings thereunder in order' to satisfy conditions for filing of the Final MA or Parcel Map for said.Subdivision. 2. ds iGAxx�tan�: �=ere BLC Lan Co an LLC ,asPritrcipalai Fidelity andDeposit Cof Maryland:' a corporation organized existing under the laws of the State of HAryland and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,'our heirs, executors, administrators, successors,and assigns to the County of Contra Costa. California to pay it A, performance and Guarax►tee: Qne H nd enty lb=lboutk4 Four Hundred and 00/100 Dollars( 123iQQ.00_ 1 for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Sixty Two Thousand"Three Honked and 001100 Dollars (S 62360.QQ 1 to secure the claims-to which reference is made in Title XV(commencing with Section 3082)of Pan 4 of Division III of the Civil Code of the State of California. 3. Ceti : 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 assig ec),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void•, otherwise it shall be and iremain 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 attomeys 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.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid 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 fired by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title'15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to 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 obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the. Principal and the County 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 Section 2819,and holds itselfbo=d without regard to and independently of any action against Principal whenever taken, SIG`NQ AND SEALED on July 11,; 2#105' PRINCIPAL: See Attached for Signature Block SURETY: Fidelity and Deposit Company .of Address: 6121 Bollinger Cannon Rd. , 5te.500 Address: and $01 N. Brand Blvd. , Penthouse'Mary-land City: San Ramon Zip: 94583 City: Glendale Zip. 91203 13y: By: Print Name: Print Name: Rhonda C. Abel Title: Title: Attorney-In-Fact MW nPWSl1SH.4RDitT.�+GepDrutiEnYSre�Twttm�BN WOR.U�IiN.l2A.4oa WINDEMERE BLC LAND COMPANY,LLC.,a California limited liabilityeorr any By:LEN-OBS'4�INI�14�lERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corpomflon,its Managing her` By: Greg , ce President By: Cindy Thompson ssistant SerRta CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and CindyThompson, personally known to me to be the persons whose names are subscribed to the withininstrument: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 PRINTY Commission# 1453610 + � Notary Public Calltomics 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: Gres Pomi—Vice,President Lennar Homes of California, Inc. Cindy Thompson Assistant. Secretary Lennar,Homes of California, Inc. DESCRPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 08745437 Number of Pages: Three (3) Date of Document: July 11, 2005 Signers (other than those named above):Rhonda C. Abel OEM __ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before me, Rosa Fatela 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 hislher/their signature(s)on the instrument the person(s),or the entity upon ROSA FS'`�o=LA Fiil1AS behalf of which the person(s) acted, executed the instrument. c, CvMijq 1447661 � NOTA ry PU9LIC CALIFORNIA ANC7COUNTS WITNESS my hand and official seal. ty4J coma expires Oct.28 2007 � SIGNATURE OF NOTARY OPTIONAL Though the data below isnot 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 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and L.L.GOUCHER,Assistant Secretary,in pursuance of authority granted by Article Vi,Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint Rhonda C.ABEL,of Irvine,California, its true and lawful a ke,execute,,seal and deliver,for,and on its behalf as surety,and as its act and dee s " ,and the execution of such bonds or undertakings in pursuance of these r any,as fully and amply,to all intents and purposes,as if they had been ac gularly elected officers of the Company at its office in Baltimore,Md.,in =p rs e a orney revokes that issued on behalf of Rhonda C. ABEL,dated Septe 0 The said Assistant e t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. ; IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of March, A.D.2003: ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �.��CEP¢�i✓ ro i By: L.L. Goucher Assistant Secretary Paul C.Rogers Vice President State of Maryland ss: City of Baltimore On this 19th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. I Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-50250 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2. The Chairman of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies,contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,:..and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specialty authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate maybe signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my naive and affixed the corporate seal of the said Company, this 11 th day of July 2005 Assistant Secretary .....l:a ..n.....:nlln ,31, pplis 3NS Sip I:sl 311 pip =np11R 3. lA:: 1..; i ,•Inpn ZURICH THIS IMPORTANT DISCLOSURE NOTW EIS FART OF YOUR-BOND Fidelity and Deposit Company of Maryland,Colonial Arnencan Casualty and Surety Company,Zurich American Insurance`Company,and American.Guarantee and liability Insurance Company are malzing the following`_ informational disclosures in compliance with The Terrorism Risk Insurance,Act of 2002. No action is required on your; Part. Piselosgro of Terrorism Pare,Miura The premium charge for risk of less resulting from acts of terrorism(as defined in the;.Act)under this bond is $, waived. This amount is reflected in the total premium for this bond. Aisclosare of Avaiiatriiity of Coverage hr Terrorism Losses As;required by the Terrorism Risk Insurance tact of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses Parising from events other than acts of terrorism. Disclosure of"FederiLl Share of 1ILSAICano Cg rr 's'gM* '` m L es The"Terrorism Risk Insurance Act of 20102 establishes a mechanism by which.the United States government will share in insurance company losses resulting'from acts of terrorism,(as defined in the Act)after a insurance company has paid tosses in excess of an annual aggregate deductible. :.ror 2002,the insurance company deductible is 1%ofdirect earned premium in the prior year; for 2003,7%of direct earned premium in the prior year;for 2004, 100/9 of direct earned prerniurn in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States govenunent participates in losses,the United States government may direct insurance companies to collect a terrorism,surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Dgilaition of A.et of Te�rrtrrisrn The Terrorism Risk Insurance,Act defines"act of terrorism'as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States' I, to be an act of terrorists; 2. to be a violent act or an act that is dangerous to human,life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a.United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individual$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 to influence the policy or. affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting from the acct,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright'Zurich American Insurance Company 2003