Loading...
HomeMy WebLinkAboutMINUTES - 11012005 - C10 TO: BOARD OF SUPERVISORS Of FROM: MAURICE M SHIU,PUBLIC WORKS DIRECTOR ► .` DATE: November 1, 2005 SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivision 04-08778, 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 No.2005I7A!5� for Subdivision 04-08778, approving Subdivision Agreement (Right of Way Landscaping) for, 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 SubdivisionAgreement (Right of Way Landscaping) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping) will not be approved. Continued on Attachment: --- SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -<PPROVE OTHER SIGNATURES :.-. ACTION OF BOA N' !G esy"' noll pZ00.6- APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VO OF SUPERVISORS date shown. V UNANIMOUS(ABSENT ' ) AYES: NOES ABSENT:. ABSTAIN: ,, TR:rrn ATTESTED:Nm� G:\GrrData\EnsSvc\BO\2005\I1-o1\SD 04-09778 Bo-16.doe JOHN SWEETEN, Clerk of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors and County Administrator cc Public Works T.Bell,Construction Current Planning,Community Development T-July 13,2006(PI) �Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 By , Deputy San Ramon,CA 94583 Attn:Brian Olin National Farmers Union Standard Insurance Company One Financial Plaza,le Floor' Hartford,CT 06103 Attn:Patricia H.Brebner THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 1,2005 by the following vote: AYES: Gioia,]Piepho,;,DeSaulnier,Glover ::and Uilkema NOES: bone ABSENT: None ABSTAIN: Nene RESOLUTION NO. 2005/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08778, 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 04- 08778, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Comapany, LLC, developer, whereby said developer agrees to complete all 'improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,490.00 Deposit made by: Windermere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 436206 December 16,2004 TR:rm I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) 01\5D 04-08778 B0-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(FS) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works T.Bell,Construction Current Planning,Community Development �f� _` T—July 13,2006(P1) ATTESTED: Jtlede. -e- d 1 �� "� � Windemere BLC Land Company,LLC 6121 Bollinger canyon Road,Ste 500 JOHN SWEETEN,:Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Ann:Brian Olin National Farmers Union Standard Insurance Company One Financial Plaza,10"Floor Hartford,CT 06103 Attn:Patricia H.Brebner By ,Deputy RESOLUTION NO.2005/ SUBJECT: Approving subdivision Agreement,(Right of Way Landscaping) for Subdivision 04-0 *9, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District 111) BATE: November 1,2005 PAGE: 2 II. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number and Date: 44101 88 December 1, 2004 Performance Amount: $147,410.00 Labor&Materials Amount: $74,450:00 Principal: Windermere 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 Warks Department. -gym ,�, ,,,,�► (Right of Way Landscaping) (Government,Code§66462and§66463) ''* IA Jlvlsion: SUB 8778 Effective baste: Subdivider: Windermere BLC'Land Company., L.L.C. Completton Period: year WINDEMERE BLC LAND COMPANY,LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: ACaldornialim[ited liability company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member By:Lennar Homes of California,Inc.; Maurice M. Shiu,Public.Works DirectorManaging Member By: AIAMa (signature) RE OMMENCIE) FOR APPROVAL: (Print name&title)Don I srson,—Vice President ZBy: (signature) Engineering'Services DIVISI (print name&title)Darien Carpen ,Asst.Secretary FORM APPROVED: VictorT.westman County Counsel (NOTE:All signatures to be acknowredged. if Subdivider Is Incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs,,streat'lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the Improvement plans for this subdivision as reviewed and can file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by,the.:California Subdivision Map act(Government Code§§66410 and following),In a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder, and where there is a conflict between the improvement;plans and the County Ordinance Code,the stricter requirements shall govern, 3. IMPROVEMENT SECU RITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: '$ 1490.00 cash,plus additional securty,In the amc>ctntof ;( $ 147 410.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additianal security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable Irrevocable letter of credtL With this security,the Subdivider guarantees performance under this Agreement and maintenance ofthe 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$ 74 45000 ,which is fifty percent(50%)of the estimated Dost of the work. Such security is presented in the form of: Casts,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced In accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK, Subdivider guarantees that said work shall be free from defects in material or workmanship'and shall perforin 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 al i; to road improvements for private roads which a, .,at,to be accepted into the County r ay system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other past 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. 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 improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NOWAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shail''the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY' Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted 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 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 before the County reviewed said Improvement pians or accepted the work as complete,and including the defense of any sult(s),action(s),or other proceeding(s)concerning said liabilities 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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned!or dependent on whether or not any indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-surveyor.before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified In this Agreement,and subsequent extensions, or 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 event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even If Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. if,before the Board of Supervisors accepts the work as complete;the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. ,kw:iap Ca:ifrpDetalEn9SvCTorms AG WORMAG-30A.doc Rev.'May 18,2D01 CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 0,n o`C' I_C�Sr'A OnC �$�E -c'�tca� `f beforeme, �NL �1h `>Rjtati.-tCr Date Name and Mite of Officer ie.g.,"Jane Doe,Notary Public') personally appeared LX1�PtlSble1 L [lit `-� � 1t�1T > Narne(s)of Signer(s) Y personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) tis/are L subscribed to the within instrument and Coninilalooil •1378827XAREN acknowledged to me that hefshe/they executed N otckyi P AAC _ColfornIci the same in 4i@W t r/their authorized Contro Costo County capacity(ies), and that by Mstiher/their MyComm. es4ci7, , signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES -my hand a offi is sear. Signature Not$ry Public OPTIONAL Though the information below is not required bylaw,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)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: WIN ME ❑ Individual Top of thumb here ❑ Corporate Officer Title(s): ❑ :Partner— ❑Limited ❑General ❑ Attomey-in-Fact ❑ 'Trustee 0 Guardian or Conservator ❑'Other: Signer Is Representing: 0 1999 National Notary Association•9350 DeSoto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402-www.nationsinotary.org Prod No 5907 Reorder:Call Toll-Free 1,800-878-8827 vW yi'.t VS 4n Vi+�PMJR:4VNI'!J't. +FFICEOF'C6�AUDITI R CONTROLLER TO TM SURER MARTINEZ,CALIFORNIA REMY 14kom E +I ORGANIZATION NUMBER { C0 Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB TASK OPTION ACrVITY AMOUNT ACCT. 3G s' � P S f£'y. I ��'.,`' "fy .d'. 1 tnLt�F' .<•� �'1 5 f 1 I I f , I r 1 1 i ! t f t XPLANATION TOTAL $ I �, �� x r•` f'�x� .� { ... DEPOSIT � ! Deeeos consists of the following items 41rk COIN and CURRENCY $ 'CHECKS,M.O,ETC. $ ' BANK DEPOSITS $ FOR AUDITOR-CCNVTROU.0 2 USE MY DEPOSIT PERMIT Dp NUMBER _ DATE 6-0-C, t k.1 � ASSY rhiED J 1 he amount of money described above is for Treasurer's eeipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury, nowledged i' , f f r € r 4 :rt t M",, ` igt aeyl¢ 'Pate P* '' � 4 p Srgnedi_ Signed: I $ r EXT. Count difar Deputy County Treasurer 14 REV(7-43) 4 t £ ( 819804-0800: G1158981, $3,090.00, Sub 8773, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158983, $1,000.00, Sub 8774, Performance Cash Bond, Windemere BLC Land Company LLC, 31507 Crow Canyon PI ##314, San Ramon, CA 94583' 819800-0800: G1158986, $1,700.00, Sub 8775, Performance Cash Bond, Windemere RLC Land Company LLC, 31503 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158988, $1,720. Sub 8776, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158990, $2,690.00, Sub 8777, Performance ,Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon,PI #310, San Ramon, CA 94583 81980008030= X1158992, $I, O'.00, Sub 8778,' Performance: Cash Bernd, Windemere SLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800.0800: 61158994, $2,,500.00, Sub 8690, Performance Cash Bond, F50-zS� 819800.0800: 11 8995, $ ►,1130.00, RA1148, Performance Cash Bond, F . Canyon n ZA- 5€�8 -d' v\O' e "� 100 A/ I t IfA S � %V t I- : s4 '. 81980}0-0800: 61158996, $ ,500.00, 5088685°, erfo mance Cash Bond, 819800-01800: 61158997, $9,870.00, RA1151, 'Performance Cash Bond, Windemere BLC Land Company LLc, 3150 Craw CanyonP1 #310, San Raman, CA 94583 0649-9665 / 831004: G1158982, $25,200.00, Sub8773,' Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 944583 0649-9665 / 831000: 61158984, $7.6001.00, Sub8774, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 31501 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61158987, $14,'>130.00, Sub8775, Landscape Improvement Inspection Deposit, Windemere BLC Land Company'LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 ' / 8310001: 61158989, $14,280.00, Sub8776, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon'P1 #310, San Ramon, CA 94583 0649a-9665 / 831000: 61158991, $22,0101.00, Sub8777, Landscape Improvement Inspection Deposit,'Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, 'CA 94583 0649-9665 / 831000: 61158993, $12.410.00, Sb8778, Landscape Improvement Inspection Deposit,' Windemere BLC Land Company LLC, 3150 Craw Canyon'P1 #310, San Ramon, CA 94583 0649-9665` / 831000: G1158994, $14,700.00, Sub8690, 'Landscape Improvement Inspection Deposit, 0649-9665 1 831000: 61158995, $30;900.86, RA1148, Landscape Inspection, 1At� an ompany , /in � ir 0649-9665 / 831000: G1158996, $19,400.00, Sub8685, Landscape Improvement Inspection, an . ,q I'tc� -t s r3Lv cl $73,4ORA1151 lI! !SAS! c.5� 0649-9665 / 831000: G1158998, w Landscape .t}�J, - Improvement Inspection Deposit, 'Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000; 61158999, $947.17, FC Permit 633-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 0649-9665 / 831000: 61159000, $196.83, FC Permit 632-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 Subdivision S J'B 87 g Bond No.; 4410188 Premium: $737.00 Executed in Duplicate IMPROVER ENT SEaWTY BUND FOR ftwc RIGaT OF WAY LANDSCAPE AGRENNUNTT (Performance, Guarantee, and Payment) (California Goverrunent Code Sections 66462 and 66463) i. REaTAL toy SVOD121SION ACRE MLNT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping.and other related improvements in Subdivision $778 as specified in the Subdivision Agreement(Right of Way landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and ralings thereunderin order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision 2. ORLl ' t�t�; Wiu�demere l�I.+C .artd Coin a L. .C, asFri ipal,aod Nation4i g-rmers Utxion Standard Insurance Compaup g i tGtii€rgatC €:'„cEIAGISt�xigundard= As of the State of Colorado and authorized to nL2ns= surety' business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors, and assigns to the County ofContra Costa, California to pay it: A. Performance*ad Guar'at►teew One Hundred Forty Seven Thousand'1~our Hundred Tend 100 Dollars ( lii:41W. 0 l for itself or any city assignee 'under the above County Subdivision Agreement,plus a. Pa►ysneat; Seven Four Thousatxd aur Hundred Fi and 00/100 Dollars ($ 74 4511. }C!' ? to secure the c ms, to which reference is made in Title XV (commencing with Section 3082) of fart 4 of Division,III of the Civil Code of the State of California. 3. CONDITION: 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 thereofmade as therein provided,on is or its part,to be kept and performed at the time and in the rnasmer therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save barmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be andremain 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 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 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 dueunder 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 thereot 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 t 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 30$2)ofPart 4 of Division 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 thea this obligation shall become'null'and void, otherwise it shall be and remain in full force and effect. C. into alteration of said subdivision agreement or any plan or specification ofsaid work.agreed to bythe 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 ofCalifotnia Civil Code Section 2819,and holds itselfbound without regard to and independently of any action against.Principal whenever taken. SIGNED AND SEALED on December"3, 200 WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-DBS Windemere, LLC, a Delaware dorporation, its Managing Member BLennar Homes of California, Inc. , PRIN&AL: --its Managing_Memb e r SURETY: NATIONAL FARMERS UNION STANDARD Address: 25 Enterprise Address: One Financial Plaza,; 10th floor City: Aliso Viejo 92656 City: Hartford CT' Zip: 06I03 PrintName: David L. Evans Print Name: Patridi.a H. Brebner Title: Vice PresidentTitle: Attorney-in-Fact Abu »PWSIOiAPMATAYapDAO�Enny ,C%FOMW3N WOtt ON•32AAAC .:, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ; County of Orange On December 6, 2004 before me, Dina Printu, 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. DINA PRINTY _�--..•- a Commission#1453610 z � 1 Notary Public-California orange County Ly' MyComm.Expires Nov 28.2€107 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:' Corporate Officer—Vice President Lennar Homes of California Inc DESCRIPTON OF ATTACHED DOCUMENT Type of Document:'Surety Bond No. 4410188 Number of Pages: Two (2) Date of Document: December 3. 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE Af 30WLEDGMENT No.5907 State of California County of Orange On December 3, 2004 before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E G:,"JANE DOE,NOTARY PUBLIC"" personally appeared Patricia H.;Brebner NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ 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/tier/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hared and official seal: F— RHONDA C.ABEL 0 COMM.#1312777 NOTARY PUBLIC•CAIIPORNIA ORANGE COUNTY' 0 SIGNATURE OF NOTARY COMM.EXP.AUG.9,2005 ' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could'prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 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 S4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box'7184•Canoga Park,CA 91309-7184 NATIONAL Fmk�RS UNION STANDARD INSUkkNCE COMPANY [in the process of being renamed Quanta Indemnity 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„),doeshereby constitute and.appoint: Patricia H.Brebuer 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 FIFTY MILLION AND 001100 DOLLARS ($50.000,000.00)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 By-law,which By-law is now in full force'and effect:' ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,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 bylaw 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 any one 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 maybe 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 26h day of Maroh,2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary 1968 s .......................................................................................... ............ ........... ......................... ...... .......... STATE OF NEW YORK) ss COUNTY OF NEW YORK) ons26�—dayofMarc 2-Q-Q4 ------- 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. OAM E.Onools Nob"PW*-Skft of,N"York No.010141SN23 Notary Public OW10401a wawheawr counw My Commission,Expirst June 3%M CERTIFICATE 1,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 3rd day of Decepber 3, 2004 �By Martha G.Ihnnerman,Secretary gp 0 1968 IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Udder 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 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 lossesarising 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 farm for the terms and conditions regarding your terrorism coverage. Fara Number SUR 10001 (Ed.4/04)