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HomeMy WebLinkAboutMINUTES - 11012005 - C7 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHN,PUBLIC WORKS DIRECTOR t✓ DATE: November 1,2005 SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway,RA 04-01174 (cross- reference Subdivision 03-08'510),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. 2005/71CZ for RA 04-01174 (cross-reference Subdivision 03-08510), approving the Road Improvement Agreement for East Branch Parkway, for project beingdeveloped by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): RA 04-01174 has been reviewed and processed by Public Works staff'and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement'Agreement will not be approved. Continued on Attachment:__� SIGNATURE: ECOMMENDATION'OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE' _0e,CPPROVE OTHER SIGNATURES ACTION OF BO ON iPy- V/, vZ0g1& APPROVED AS RECOMMENDED OCHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE F SUPERVISORS ,t/� minutes of the Board of Supervisors on the %I UNANIMOUS(ABSENT date shown. AYES: NOES: ABSENT ABSTAIN: ATTESTED:/T+'�dG-�r Originator. Public3-236BS) Contact: Teri Rie(3113-2363) JOHN SWEETEN, Clerk of the Board of TR Supervisors and County Administrator G:\GrpDatalEngSvc\BO\2005111-01\RA 04-01174 Bt7-15.doc co: Public Works-T.Heil,Construction Current Planning,Community Development T—July 13,2007 Winderttere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 By Deputy San Ramon,CA'94583 Attn.Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Atm:Rhonda C.Abel 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: None ABSENT- Norrie ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway, RA 04- 01174(cross-reference Subdivision 03-08510),being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District I11) The following document was,presented for Board approval for East Branch Parkway,road acceptance file RA 04-01174 (cross-reference Subdivision 03-08510) property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within two years from the date of said agreement.Improvements generally consist of road improvements. Said document was accompanied by security `to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator: Public works(ES) on the date shown. Contact: Teri Rie(313-2363) TR:sm GAGrpDatalEngSvc\BO12005\11-01\RA04-01174`BO-15.doc ATTESTED: �O�Cr�ev�' Vt, o2e7dt " cc: Public Works-T.Bell,Construction Current Planning,Community Developrnent JOHN SWEETEN, Clerk of the Board of Supervisors and T-July 13,2007 Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Ste 500 San Ratnon,'CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 By Deputy —— Attn:Rhonda C.Abel RESOLUTION NO.2005/" � SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway, RA 04- 01174(cross-reference Subdivision 03-08510),being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District 111) DATE November 1,2005 PAGE: 2 I. Cash Bond Performance Amount: $.25,800.00 Auditor's Deposit Permit No. DP 448553 Date: July 25, 2005 Submitted by: Windemer BLC Land Company, LLC Taxpayer identification number: 94-3291516 R. Surety Bond Bond Company: Arch Insurance Company`` Bond Number and Date: SU5015795 July 11, 2005 Performance Amount: $2,552,200.00 Labor&Materials Amount: $1,289,000.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. R ADPRO ls�y l W AGREEMENT Developer: Windemere BIL,Land C oMp v,LLC Effective bates Developments RA 0441 I!Afcross-ref SUB 85101 Completion Period. 2'year Road East'l$rttnclt Poway' Wllk1T)EMTs SLC LAND COMPANY,LLC A California limited liability company THESU.SIGNATURES,ATTEST TO THE PARTIES'AGRE+E1t ENT HERETO: By:LEN UB VVindemere LLC, A Delaware limited liability company CONTRA COS'T'A COUNTY DEVEWPERManaging Member Maurice M.Shiu,Public Warks Director By eimar Homes of Csl' ia,Inc., Man 'ng in er a By: t ' l (sigrra (print name'&title)P 11- raker,Asst.Sidetaty RECOMMMED FUii APFROVA 13y, (signature} r" 'O)/ Engineering ervrc tWtsinn' (print name&titie) o Larson,Vice President FORl\ APPROUED: Victror 1.Westriran untyCounse! (NOTE: Ali signatures to be w4=wledged, if Subdivideris kmt"rated sigttattm isnot ctoaf na wkh the designated reprsaeutative groups p--taut Coriora&os Cade 9313.) 1. PAItTM&Dt1TT?.Effective on the above date,theCountyof Contra Costa,California,hereinaftercalled"Coun "and the above-mentions Develotser, mutually promise and agree as follows concerning this development. 2. IMPTtOVEW't'S. Developer agrees to install certain mad improvements(both:public and private),drainage improvements,signs,street lights,fire hydrants,lamdkapmg,and such other im p.rovements(includingpputtenantequipment)as required in the improvementplans for this development asreviewed and on rile with the Contra Costa County Public Works Deparunentand'inconformancewiththeContratlostaCounty0rdinanocCode{inctudingfuuntam tagsderet©). Developer shall complete said work and improvements{hereinafter called"work")within the above completion period frond date hereof in a good workmanlike manner,in accordanctwith accepted construction;practices and in a manner equal or superior to the requirements of the County Ordinuice Code and rulings tmade thereunder,and where there is a conflict between the improvement plans and the CouniyiOrdinance Code,the stricter requirements shall';govem. 3. TMPROVLEMRN T`SEW RTTY. Upon executing this Agreement,the Developer shall pursuantto the County Ordinance Code,provide as security to the County: A. For,EgEqM-Lige and QMntee: $ 25.8Q0..00 cash,plus additional security,in the amount of$. 2,552,,00.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional socunry is presented in the form of: Cash,certified check or cashiers cheek. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for'one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance B. For Pavnrentc Security in the amount of$ 1289.000.00 ,which is tiflyperuent(506/6)of the estimated oust ofthe work. Such security is presented in the form of: Cash,certified check,or cashiers check XI Acceptable corporate surety bond. Acceptable irrevocable leer of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to thein or to the Developer.Upon:acceptanceof thework as complete by the Board of Supervisors and upon request of the Developer,the amountsecurities may be reduced in accordance with'5944.406 and 5944.408 of the Ordinance Code. 4. GUAPLANTE15 AND WARMM OF WORK Developer guarantees that said work shall be free from defects in material or workmanship and shall parfornk satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordancewith Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 1'he guarantee period does not apply to road improvements for private roads which am not to be accepted into the County road system. 5. PLANT ESTABLI-SEMT WO Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing wood,rodent and other prat control and otherwork determined by the Public Works Departmeirt to be necessary to insure establishment ofplants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete, 6: IMPROV ENT PLAN WARRANTY.`Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall ma'kewhatever changes aro necessary to accomplish the work as promised. 7. NO WAIVED BY CQUNZY. Inspection of the work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or employee of the County indicating the work or any pan thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payrnents,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill thisagreement as prescribed,norshall the County be thereby be stoppedfrom bringing any action for darnag arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Developer shall hold harmless and indentnify the indemnitees from the liabilities as defined in this section; A. 'late indg- ities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and etzmpdoyees.; B. The li iIi_JM 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,claire or damage was unforeseeable at any time before the County reviewed said improvement plans lir accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding{s}concerning said liabilities and claims. C. The actions,causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered:by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of their, D. Non-Conditions: The promise and agreement in this section are notconditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)orspecification(s)in connection with this work,or has insuranceor 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; Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. IKON__PSE 2.FORMANCE ANIS COSTS.IfDeveloper fails to complete the work within thetime specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges' incurred by the County(including,but not limited to engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents toentryon the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should Countysue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. It. NCANRNNCi1t { E}fTON. If,before the Board of Supervisors accepts the work as completes,the development is included in territory incorporated as a cityor is annexed to an existing city,the County's rights under this agreement and/oranydeposit,bond,or letter ofcredit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the torrns of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION: In consideration hereof: (Check applicable sections)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other eppficable regulations.. County agrees to accept the road(s)into the County-maintained road'system,after the improvements are complete _ Other(requires County Counsel approval RL:kw 11YWS4\SHARDATA1GrpDatplEngSveVoms\AG WORD\AG-24.doc Rev.April 6,2000 ..: 9... f:u..: f tl :.:X35 ':.. 3:.. 9 3r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 8, 2005 before me Daren L Keenan,Notary Public,personally appeared Don Larson& Paul J. Meaker,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. L.K .. Camra tt 137$527 i' Wa ry� -Com`' s gnature of Nogsby Public 10- Contras Costa County MyComm.des Oct 7, 01, "# M.M.71P PF7 MAR IEL�1 A Rfi�I[A T � t ry ot 4 � � a MC A a MAMAT d4+�l1Ml � 4 h� (for o6dion P—edwft see County Adrnin105) CCT TASK TION ACTN" AMIO Nt€ i Y'Y"' >'` s ,�' ��°�' res '.-x,• ��>"# "%..- s m y Y x p Y F k j%, jt F 1z t i ✓y s y x x y i T, ull t !9 zv a � i ' r RA 7 Y 5 a, 83 &s �3£ r ,Ye 9 L'J k �LANA00 TOTALbe Y'"l— o'.iT w. gists til fOlf0"t4qids a u.q '# }C�f1�yylcU *CY 41 }TGyya $ s 8x -(414. 3��E+�PO WE The arrovnt of money crave is for ` Treaeur�s�ceipt of ct6ove amount is�. Reces�t oaf above on�ount is hereby deposit into'the Ciounty T rscknovrlec(ged s , . T a t KT t` t putt' ,eu +Aur r Deputy Ccsunty""!W 't Owmg :.' #X . A C0A,NtZATION FS�Li' €>' (Fr r Ccmh Cail�ctic Proc res oee County Adm 09"-iPTION flm/�RC� C TASKAC!M—TY Ah+4fJUW J ss° `e Y 3 a 1 JL 1 1 i 1 3 1 i t 1 1 1 i 1 # 1 # # l # i 1 1 i # # 1 I EXPL ANAT" �{ � 1 GY��1$t8'Cts 1'�& #YVit1� f'1!'i _ CON cmd CURREhtCY $ � F£5R AtsITC�-CC�ITRC3lt,ER I1S��JI.Y NtIaVR' [SATE AST+ICC► Tla afn'o tnt of mt5 r cie$04'aedicrbov�ix fir Tre�rsu er`s r�ceiP orf abrvve amount is approu�d. Receip€�f an scxcF is i reby deptisit Sato# Gaunty�rastfry. aciCnowidged. Sigrnad Signed; h'Ce+urafiy Aucrr bepv4y Goun#y Tieaasar 0649-9665 ! 112300, G1161389, $1,400.00, Drainage Permit 409-05, Cash Deposit, Oskar G. Sundstrom, 8316 Sobrante Ave., EI Sobrante, CA 94803' 0649-9665 1 112300, 63161390, $500.00, FS 3024, Record of Survey Deposit, Carlson Barbee & Gibson, Inc., 5111 Bollinger Canyon Rd., #150, San Ramon, CA 94583 819800.0800, 61161371, $11,000.00, RA 05-01198, Performance Cash Bond, , Wi;irrdemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Sa Ramon, CA 94583 819810-0800, X1161375 $ 'S� .00.RA-t34-01174, Performance Cash Bond, W ndonire lC Land Company,' LG.C,'6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA 94883 819800-0800, 61161377, $3,000.00, RA 04-01.174, Performance Cash Bond, Windemere SLC land Company, LLC, 6121 Bollinger Canyon Rd. Suite 500, San Damon, CA 94583 819800-0800, '61161379 $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, 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: 61188818, City of Brentwood, 708 Third St. Brentwood, CA $76,911-69, BW DA 105 S.R. $155,763.40, BW DA 104 S.R. 0649-9665 / 112300, G1161370, $9,600. 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, 61161373,$119,500.00, RA 04-01174, Road Acceptance Inspection Fee Deposit, Windemere BLC 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, 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, 61161380, $8 ,800.00, Sub 05-0898 Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son 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, Son Ramon, CA 94583 0649-9665 / 112300, 61161384, $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 1132300, 61161385, $2,658.00, SD 78-04990, Inspection Deposit, Mariner Estates, LLC, 222 Push Landing Rd., Novato, CA 94945 .......... EXECUTED IN DUPLICATE Bond No.. su 5015795 Development: RA 04-41174„(gMLg-rgf'SUS_ 8510-)---- Premium:$251,522.00 " IMPROVEMENT SECURITY BOND POP,ROAI3 IMPROVEMENT AGREEMENT (Performance,Guarantee,and Payment) (California'Government Code §§ 66499-66.499.10) 1. ROCITAL OF ROAD IMPROVEMENT AG"EM NT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to instalt and pay for street, drainage and other improvements on,or along A 04461174(eros-ref S SS 01 ;to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OULICATION: Windemere BLC Wid-CoMany, ILC as Principal and Arch Insuxance Company ,acorporation organized under the laws- ofthe state ofMissouri.------ , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,our heirs, executors,administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: wo ion Fivr Hun red Fift Two'Thousan Two H ed and 00/ 04 Dollars($ 2,,552,200.001 for itself or any'city assignee under the above County Road Improvement Agreement,plus B. Paymtnt: One Million Two Hundred ht Nine ` usan d 001100 Dollars($ 1.283.400.00 l to secure the claims to which reference is made in Title 15§§ t seq. of the Civil Code of the State of California. 3. CONDITION-. A The Condition ofthis obligation as to Section(?.A.)above is such that ifthe above bonded Principal, or pr'incipal's heirs,executers,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 an the;said agreement and any alteration thereof made as therein provided on it or its pare, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then ibis'obligation shall become null and void;otherwise it shall be and remain in full>forcr and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered' B The condition of this obligation, as to Section (2.8.) 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,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not>.exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,inaddition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by The court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agroasd that this bond shall inure to the bcnefit of any and 411 persons,'companies and corporations entitled to file claims under Title 15(commencing with Section 3182 of Pan 4 of Division 3)of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, thein this obligation shall become null and void; otherwise it shall be and remain:in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed To by the Principal and the County shall relieve the Surety from liability on this bondd and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on July 11, 2005 PRINCIPAL: See Attached Signature Block SURETY: Arch Insurance Company Address61.21 Bollinger. Canyon Rd. ,Ste.500 Address: 135 N. Los Robles Ave. #825' City: San Ramon, CA 94,583 City: Pasadena C 91101 By: By. Print Name: Print Name: Rhonda C. Abel Title: Title: Attorney-in-Fact G:vG UawwS-c%Fcnm%S14 WORLhan-9 4ac ...:................,::::,:..:..:.,:..:.,:.::..::.::::,.:,..:..:..:..:.::..:..:.,:.,..:..:...................... _.:::.::,_:,.x..f:.,:.:...,.. WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability c9m ny By.LEN-OBS'0W. 2EMER.E LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC,a California Corporation,its Managing Member By: Greg i,Vice President By: Cindy Thorrnpso Assistant Secret CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran- e On July 12, 2005 before me, Dina Prints, Notary Public, personally appeared Greg Pomi and Cindy Thompson, 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. _ c _ - O1NA Pate �T Commission# 1453610 Notary Public •Califomia 7e 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: Greg Pomi Vice President Lennar Homes of California Inc. Cindy Thompson -:Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5015795 Number of Pages: Three (3,) Date of Document: July 11, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5947 StateofCalifomia County of Orange On July 112005 before me, Rosa Estela Rivas,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,".LANE 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 his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSA EST�RiVZ COMFML# 1447661 NOTARY SUB IC CALIFORNIA� WITNESS my hand and official seal:, ORANGE COUNTY Pv p comm,expires Oct.28,207 r SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to 'persons relying on the document"and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ 'CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 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 01893 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 99309-7184' POWER OF ATTORNEY Know Ail Men By ThesePresents: That the Arch Insurance'Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office In Kansas City,Missouri(hereinafter referred to as the"Company")'does hereby appoint Rhonda C.Abel,Jeri Apodaca,Jame Kepner,Nanette Myers;Mike Parizinc,James A.Schaller, Rachelle Rheault,Astley Ward, Grace Reza and Rosa E.Rivas of Irvine, CA(EACH)' Its true and lawful Attorridy(s)-in-Fact,to make, execute,seal, add deliver from the date:of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute,seal and deliver bands or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit.. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the'dollar limit.of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance.of these .presents. shall be as binding upon the,said Company as fully and amply to all intents and purposes,a if itis same°had bisalt duijr executed and acknowledged by Its regularly elected offii�er at its principal office in Kansas City,Missouri. , This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as tieing In full force and effect: "VOTED,That the Chairman of the Beard, the President, or any Vice President,.or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in fact, and to authorize them t to execute on"behalf of the Company, and attach the sisal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings,obligatory in the mature thereof, and any such officers of'the Company may appoint agents for acceptance'of process." This Power of Attorney.Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the I signature of the Vice President,the seal of the Company,and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directorrs on Murch 3,2003,and any such power:so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid'and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony:Whereof,the Company has caused this Instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14th day of June ;2005 Arch Insurance Company Attested and Certified CORPORATE SUL 197Y Ilbsord t��.r.L •� Mary JePresident Edward M.Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I,Kate Marcinkus,a Notary Public,do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose.names,are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the Taws of the State of Missouri, subscribed to the foregoing instrument,appeared before . me this day in person and severally acknowledged that they being thereunto duly authorized signed, seated with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL , KATHLEEN MARCINKLIS,Notary Public City of'PtdladaWa,PMe.County Kathleen Marcinkus,N t+�a Public M Commisslon Expires February 25,20 My commission expires 2-25-06 CERTIFICATION I, Mara Jeanne Anderson, Vice President of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated June 14.2005 on behalf of the person(s)as listed above is a true and correct copy and that the same has-been In full force and effect since the date thereof and is In full force and effect on the date of this certificate,and I do furthercertify that the said'Edward'M. Titus, who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and Me orates Arch Insurance Companyonthis 11th dayof July ,20 rOS . Mary Je` noAnderson.Vice President This Power of Attorney limits the acts of those named thereinto the bonds and ndertakings specifically`named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors&developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 an** COMO"n s� Mb:out OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A. Arch Insurance out' IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 200 The Terrorism Disk Insurance Act of:2002 establishes a mechanism by,which the federal government will share, with the Insurance industry, in losses arising out of "ado of terrorism" certified as such by the Secretary of the Treasury. "'Certified acts of terrorism"'are defined es events that cause.more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel,arra 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to Influence the policies or conduct of the`United-States Government, The Act specifies that coverage for"certified acts of terrorism" must be made available in commercial property and casualty policies of insurance, end it requires insurers to disclose,any,applicable premium charges and the federal share of componsation. We are making these disclosures in strict compliance with the Act: Disclosure of Availability of Coverage for Terrorism Lasses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other then acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses. The federal government vAll 'pay a 90% share (if an insurer's terrorism lasses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned,' premium_ For losses occurring in 2003, 2004 and 2095, the annual insurer' deductibles are 7%, 10% and 15'0/.j o€the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed 100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for"certified acts of terrorism" coverage is $ , 91180.37 (Ed. 11 Q2) Fuge I of 1 Printed in U.$.A.