HomeMy WebLinkAboutMINUTES - 10252005 - C26 TO: BOARD OF SUPERVISORS +L M
FROM: MAURICE M. SHIU,PUBLIC WORKS.DIRECTOR
DATE: October 25, 2005
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivision 05-08929,
being developed by Windemere BLC Land Company, LLC, San Ramon(.Dougherty Valley)
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution Ido. 2005/. for Subdivision 05-08929, approving Subdivision .Agreement (Right of
Way Landscaping) for project being developed by Windemere BLC Land Company, LLC, SanRamon
(Dougherty Valley) area. (District III)
FISCAL IMPACT:
Done.
BACKGROUNDIREASON(S) FOR RECOMMENDATION(S):
The Subdivision (Right of Way Landscaping) Agreement has been reviewed and processed by Public Works
staff and meets all applicable conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right of Way Landscaping)will not be approved.
Continued on Attachment: SIGNATURE: .�--
_ COMINU NMATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
+CPPROVE OTHER.
SIGNAT I2E S s
q,6'/_
ACTION OF BO ` ONa+'Y APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
vminutes of the Board of Supervisors on the date shaven.a of SUPERVISORS
UNANIMOUS(ABSENT /��?�G,� }
AYES: NOES:
ABSENT: ABSTAIN:
EH:rm
ATTESTED:
G:kGrpData\EngsvclBO\2005\10-251SD05-08929 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
Windemere BLC Land Company,LLC r�4;+w�
6121 Bollinger Canyon Road,Ste 500 By .- , Deputy
San Ramon,CA 94583
Atte:Lawrence H.Thompson
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse'Suite
Glendale,CA 91203
Attn:Raehelle Rhealt
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 25, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSIINT; None
ABSTAIN: None
RESOLUTION NO. 2005/ G
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping)' for Subdivision
05-08929, being developed by Wndemere BLC Land Company, LLC, San
Ramon(Dougherty"Valley)area. (District III)
The following document was presented for Board approval this date for Subdivision,05-
08929, located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to"complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within two years from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title
and 9 of the County Ordinance Code, as follows:
I. Case Deposit
Deposit Amount: $1,700.00
Deposit made by: Windermere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 448563 July 25;::12005
EH:rm I hereby certify that this is a true and correct copy of an
Originator: ngsvc\Borks(F 10-25\so 05-08929 s0-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works{ES}
Contact: Teri Rie(313-2363) Supervisors on the date shown.
ec: Public Works- T.Bell,Construction
Current Planning,Community Development ����_��/
T_July 13,2042(P 1) ATTESTED: i/D�O+e%'7►'
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Ste 504 JOHN SWEETEN,Clerk of the Board of Supervisors and
San Ramon, 94583 County Administrator
Attn.Lawrencece H.Thompson
Fidelity and Deposit Company of Maryland
841 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91243
Attn:Rachelle Rhealt By--- ,.. ,Deputy
RESOLUTION NO.2005/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
05-08929,; being developed by Wndemere BLC Land Company, LLC, San
Ramon(Dougherty Valley) area. (District III)
DATE: October 25,°2005
PAGE: 2
Il. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08821651 July 13,12- 005
Performance Amount: $165;600.00
Labor&Materials Amount: $83,6507.00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVEDthat 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 Cade§66462 and§66463)
Subdivision: SUB06-0929 Effective Bate:
Subdivider: Wirldernere BLC Lend Company LLC Completion Period: 2 year
W NDEMERE BLC LAND COMPANY,LLC
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company
By:LEN-OBS LLC,
CONTRA COSTA COUNTY SUBDiVID!RIA Delaware limited liability company
Mans 'reg Member
Maurice M.Shiu,Public Works Director y:Le ar Hom4 5 o€cal'or ia,in
nap'` Mejhh r
By: (signat
(print name'8ctitle)PuT
enaker,Asst s eretary
REC(3MMl NDED EOR APPROVAL:
By: (signature) �'i
Engineering Service Divi i n (print name&title) do Larson,Vice President
FORM APEROV Victor J.Westman,County Counsel
(NOTE:All signatures to be acknowledged.H Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313?
1. PARTI BS&aATE, Effective on the above state,the City of County of Contra Costa,California,hereinafter called"�,"acid the
above-mentioned SAdivicler,mutually promise and agree as follows concerning this subdivision:
2. IMPROVE E�. Subdivider agrees to Install certain road improvements(both public and private),drainage improvements,
signs,;streetfs, hydrants, landscaping, and such otter improvements (including appurtenant equipment) as required in the
improvement pans for this subdivision as reviewed and on:file with the Contra Costa County Public Works Department and in conformance
Will the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and Improvements(hereinafter called"work")within the above completion)period from date
hereof as required by the California Subdivision Map act(Government'Code§§66410 and following),in a good worklrtanlike.planner,in
accordance with accepted construction practices and Iii a manner aqua)or superior to the requirements.of the County. Ordinance Code and
rill' s mads thereunder; and'where there is'a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. MPRt'3VEMENI SECUf2lT'1 Upon eueeutlrig this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the Ccnty C�3cr 'lnance'Cncte,provide es security to the County:
A, For Performance and Guarantee; $ j.700.00 cash,plus additional securi , In the amount of $ 165,600.011
which together total arse hundred percent(100%)of the estimated cost of the work. Such additional security Is presented in the form of:
Cash,certified check or cashiers check.
X' Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
H. Por Pavment Security In the amount of$ 83,6511,4}0 ,which Is fifty percent(50%)of the estimated cost of the
work. Such security is!presented 16:the form of.
Cash,certified check,or cashier`s check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipmentor
furnishing labor or materials to there or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and u n request of the Subdivider,the amount
securities may be reduced in accordance with.§94-4.466 and§94-4.408 of the€rdinance Code,
4. GUARANTEg A WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for 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. 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 ESABLISHMENT WORK. Subdivider agrees to,perforin establishment work for landscaping Installed under this
agreement. Said plant establishment work shall consist ofadequatefy watering plants,replacing unsuitable plants,doing weed,;rodent and
otherpest control and other worts determined by the Public Works Department to be necessary to insure establishment'
stablishment 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, 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 tate Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or dodrsg the one-year guarantee period,&aid{mprovement plans 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 byy,any
officer, agent or employee ofthe oun#y 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 acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped frorri bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
6. INDEMNITY: Subdivider 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions deferred 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 an yy time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any sults) actfon(s),or other proceeding(s);concerniing
said liabilities and claims.
C. The actions cau a gbllity are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider.contractor,subcontractor,or any officer,agent,or employee of one or more of them,
D. Non-Conditions: The promise end agreement in this section are not condt{oned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specifications),In connection with this work or subdivision,or has insurance
or other Indemnification covering any o#these matters,or,that the alleged damage resulted partly form any negligent or willful misconduct of
any indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,'including Inspections thereof and relocating existing utilities
required thereby.
10, SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of upervisors.
11. NON-PERFORMANCE AND COSTS.if Subdivider fails to complete the work within the time specified in this Agreement,and
subsequent extensions,. or fails to maintain the work, the County may proceed to complete and/or maintain the work by;contract or
otherwise,and Subdivider agrees to pay ail 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 theCounty and its forces,including contractors,In the event the
County proceeds to complete acid/or maintain the work.
Once action Is taken byy County to complete or maintain the work,Subdivider agrees to pay all costs Inaarrad by the County,even If
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all aittorney"s fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. iNCORPORATION ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision Is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any defsosit,bond,or letter
of credit securing said dghts shalt be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fuifilt all the terms of this agreement as tflough Subdivider had contracted with the city originally.
13. RECORD MAP, In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision;
*w.tap
G:IGtpOaiekEngSvcTom%s'AG wORMAG-30A.doc
Rev.May 19,2001
s::nsy sxn ll '; !ip .%N!.
'+a'df.•;E.❖� :FIN m::x:AiN! l!E ..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa'
On,Tiny 82005 before me,Karen L. Keenan,Notary Public,personally appeared
Ikon Larson&Paul J. Menaker,personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
FITNESS my hand and official seal:
CcuturA%Ion#1378w
NotaryPuW.-Ccgfornia
Signature ofNotary blit Contra Coats county
MyComrrt,ExplresCJct 7,2006
M.
lin
� �A� �"ir 4A�c7rA
RECOM FROM
ORC"ANtZATO�N NUMBER
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{scar Cash
Coal ftl;on Procece s see County Adcniniatcator's 7 05 j
DESCWT" TASK OPT N+t AM" AMOUNT
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CC3tN' CURRENCYALI
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BANK fEPC>StTS
J:OR AtoTt7R•C
DEPOSIT
PERMIT ►
Nt#1R ���» A
DA`TE
The dnaaunt of ra(XW alp is f T s n3teipt of abuwe s�srwunt is apprcaa d. ftetelpt of abcav as hereby
ufa the County T atkrwwfeclged
Ti E3epa�ty 'A Deputy County Tn3asurr
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ORGANIZATION NUt
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Cc3b Cd(ection Pr000dufw$see county;Admir siraator's A*m 105.)
AESRIPTION
fUND/ORGACCT. TASK OPTION ACTIVITY AMOUNT
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COIN OW CMRENCY $
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FOR Aw1Tt�R`CtNTRC>LLt!!SE C1LY
jE-D
The a tscaurrt of marry c ss�ribad,ctTmmumes receipt c#move amomt is approved'k Ft�taip#�f above aerKzunt is;1 y
elepasit into tfte Cdurrty Tieduffy. OC6;�d,
ba
Sion
*d u#y County l d6tar $d DVuty Caw ty Tteasuter
D-34 REV.(7-43). 1
0649-9665 / 112300, 61161389, $1,400.00, Drainage Permit 409-05, Cash
Deposit, Oskar G. Sundstrom, 5316 Sobrante Ave., EI Sobrante, CA 94803
0649-9665 / 112300, G1161390, $500.00, FS 3024, Record of Survey
Deposit, CarlsonBarbee & Gibson, Inc., 6111 Bollinger Canyon Rd., #150, San
Ramon, CA 94583
819800-0800, G1161371, $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, G1161377, $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, 611613779 $1,200.00, Sub ,,05-08927, , Performance Cash
Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583
819800-0800, G1161381, $1.200.00, Sub 05-08928, Performance Cash
Bond, Windemere BLC Land Company, LLC, 6121 "Bollinger Canyon Rd., Suite
500, San Ramon,CA 94583'
8198004800, 61161383, $1,700.00, ,sub' 05-08929, Performance 'Cash'
BondW
. indemere BLC Land Company, LLC, '6121 Bollinger Canyon Rd,, Suite
500, San Ramon, CA 94583
0648-9140 I 112200: 171188818, City of Brentwood, 708 Third St.
Brentwood, CA
$76,911.60, BW bA 105 S.R.
$155,763.40, BW DA 104 S.R.
0649-9665 / 112300, 61161370, $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 I 112300, 61161373,$119.5001.00, RA 04-01174, Road
Acceptance Inspection Fee deposit, Windemere BGC Land Company, LLC,
6121 'Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583'
0649-9665 / 112300, 61161376, $20,500.00, RA 04-01174, Landscape
Improvement Inspection Fee, ;Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649.9665 / 112300, &1161378,$9,100.00, .dub 05-08927, Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite'500, San Ramon, CA 94583
0649-9665 / 112300, G1161380, $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, 61161382,$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 / 112800, 61161384, $9,778.00,, RA 05-01193, Road
Improvement Plan Review, Shopell Industries. of Northern California, A
Division of Shopell Industries, Inc,, 100 North' Milpitas Blvd., Milpitas, CA
95035
0649-9665 / 112300, 61161385, 9,658.00, 50 78-04990, Inspection
Deposit, Mariner Estates, LLC, 2`22 Rush Landing Rd,, Novato, CA 94945
EXECUTED IN DUPLICATE
Suldiv`ision; SUB 45-4829
Bund No , 8$21651
Premium. $1,573.04
IMPROY'ENUNT SECURITY BOND
FOR'PUBLic RIGHT Or WAY LANDSCAPE AGREENMNT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and.66463)
1. RECITAL OF SURDiV SION AGU EMNT. The principal has executed an agreement with the County to
install and pay for put.),lio-Iiiihi,of Way landscaping,and other related improvements in Subdivision
05-09929 as specified in the Subdivision Agreement(Right of Way Landscaping), and to
complete said work 1wiihin the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in 'accordance with State and local lacus and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. ORLMATIOWC Windemere BLC find Company, LLC ,asPrincipal,and
Fidelity and Deposit Company of Maryland ,'a corporation organized existing under the
laws of the State of Maryland , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra.Costa, California to pay it:
A. Performance and Cu ar utee: One Hundred Sixty Five ous d Six Hundred and 00/100
Dollars($ 165.6(}0.{9(3 )for itself or any city assignee under the above County Subdivision
Agreement,plus
B. Payment. Eirihiy Three Thousand Six Hun ed f ifiv and:00/100 Dollars($ 8.1., S o w
to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part
4;,of Division 111 of the Civil Code'ofthe State of California.
3. CONDITION:
A. The Condition of ibis 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,there this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred.by County,(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to.Section.2.(B) above is such that said Principalandthe
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 suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the 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,sous 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 perfotzmed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.:.
C. No alieratzon 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 itself bound without regard
to.and independently of any action against Principal whenever taken.
SIGNED AND SEALED on July_ 13, ZO05
Fidelity and Deposit Company
PRINCIPAL: See attached signature block SURETY: of Maryland
Address: 6121 Bollinger Canyon Rd. , Ste. 500 Address. 801 N. Brand Blvd. . Penthouse Suite
City: San Ramon, CA Zip. 94583 City: Glendale, C Zip: 91203
By: By
Print Name: Print Name: Rachelle Rheault
Tule: Title: Attorney_Ttn-'act,
rn..
tPwStStU+x(SA'fAi{iy}srncugsvctunvtiBN WOM%aN•txtiauc
3ORO,
WINDEMERE$LC LAND COMPANY,LLC.,a California
limited liability company
By:LEN-OBS WINDEMERE,LLC.,0.61aware limited
liability company,its Managin&Member
By:LENNAR HOMES Ol~CA,IFORNIA,INC.,a California
Corporation,its Managing Member
B
ence--Z'- 1
H.Thtampson,Vice resident
By:_ t� "
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 14, 2005 before me, Dina Prints, Notary Public, personally
appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged:to me
that they executed the same in their authorized capacity, and that by their signatures
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. =_-
DiNA PaiNly
Commission#-1453610
Notary Public-California
e- orange County
6MYCOMM-ExPlIMNOV28,20D7
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:
Lawrence H. Thompson,--Vice President Lennar Homes of California, Inc.
Dee Baker-Assistant. Secretary Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document.:Surety Bond No. 08821651
Number of Pages: Three (3)
Date of Document: July..13, 2005
Signers (other than those named above):Rachelle Rheault
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;No.6907
State of California
County of Orange
On July 13 2005 before me, Rosa Estela'Rivas,Notary Public
[SATE NAME,TITLE OF OFFICER-E.G., .JANE DOE,NOTARY PUBLIC"
personally appeared Rachelle Rheault
NAME(S)OF SIGNER(5)
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 helshelthey 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
7 behalf of which the person(s) acted, executed the instrument.
1� .AOSA E S T ELA RIVAS
CONI .#1447661
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3 ORANGE COUNTY WITNESS my hand and official se
My corrim.expires Oct,28,2007 � {-
SIGNATUREOF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove'valuable to persons' retying 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-4067tCEEF 2t98 0 1993'NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,'P.O.Box 7184•Canoga Park,CA 81309-7184
ZURICH
T: IS IMPORTANT DIS CLaSURE NOTICE,IS PAR.'S' CSF YOUR B-OND
Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich Americana
Insurance Company,and American Guarantee and Liability insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
disclosure of Terroriim P rgMiziin
The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bund is
$_,,_waived. This amount is reflected in the total piemium for this band.
Piisclosare ofAvailalrility afCoverage for"Terrorism Losses
As required by the Terrorism.Risk Insurrannce Act 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'arising';,fro events other than acts of terrorism.
L> s osure of 1~ede al Shargof Iusu ince Ccs n 's Terrorism Lasses
The Terrorism,Risk Insurance Act of 2402 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
lasses in excess of an annual aggregate deductible. 'por 2002,the insurance company deductible is 1%of direct earned
premium in the prior year;for 2003,7%of direct earned premium in the prior year; for 2004,'10%of direct earned
premium 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 shove its deductible is 0%. In the event theUnited States:government participates in,
Masses,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$1 0 billion in any one calendar year.
_Defigiftionof A,ct of Terrorisuz
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 terrorism;
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 44102 of title 49,United 17 States'Code)or a United States flag'vessel,(or a vessel bused
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 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 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
act,in the aggregate,do'not exceed$5,000,400.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
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 Attorneys-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 specially 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 may be 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 l 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 name and affixed the corporate seal of the said Company,
this 13th day of July 2005
Assistant Secretary