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HomeMy WebLinkAboutMINUTES - 11152005 - C14 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR V DATE: November 15, 2005 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08773, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/n1 for Subdivision 04-08773, approving Subdivision Agreement (Right of Way Landscaping) for project being developed by Windemere BLC Land Company, LLC, San Ramon (Daugherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08773 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: vRECOMMENDATION OF COUNTY ADMINISTRATOR' RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF B7 ON y' APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the Vo OF SUPERVISORS minutes of the Board of Supervisors on the UNANIMOUS(ABSENT date shown. AYES: NOES: ABSENT: ABSTAIN: EH:rm ATTESTED NdG�G r�.� G�✓'�('"o'B-C�.� " G:\GrpData\EngSvc\BO\2005\11-15\5D04-08773 BO-16.doe Originator: Public Works(Es) JOHN SWEETEN, Clerk of the Board of Contact: Teri Rie(313-2363) cc: Public Works- T.Bell,Construction Supervisors and County Administrator Current Planning,Community Development T—July 13,2006`(P I) Windemere BLC':Land Company,LLC 6121 Bollinger Canyon Road,Ste 300 San Ramon,CA 44583 By , Deputy 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 15, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: Norte ABSTAIN: None' RESOLUTION NO. 2005/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08773, 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- 08773, 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 (Rightof 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. dash Deposit Deposit Amount: $3,090.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 436206 December 16, 2004 EH:rm I hereby certify that this is a true and correct copy of an G:\GrpData\Engsvc\BO\2005\11-15\sD 04-08773 BO-16.doe action taken and entered on the minutes of the Board of Originator: Public Works(E5) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works-'T.Bell,Construction Current Planning,Community Development T-July 13,2006(PI) ATTESTED: ,V 44,1 XG Y- 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 Attn:Brian Olin National Farmers Union Standard Insurance Company One Financial Plaza,10`8 Floor Hartford,CT 06103 Attn:Patricia H.Brebner By _,Deputy RESOLUTION NO.2005/,-- �= - SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08773, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: November 15,2005 PAGE: 2 II. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number and Date: 4410193 December 3, 2004 Performance Amount: $305,610.00 Labor&Materials Amount: $154,350.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. n SUBDIVISION AGREEMENT (Right of Way Landscaping) {Go uarnment Cade 066462 and§6646 Subdivision: SUS.$773 : Effective Crate: �v Subdivider. Wlndnffe gLC ,and Cgm_pany.L.L.C. Completion Pentad. 1year WINDMI,WRE BLC LAND COMPMY,LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company By:LEN OBS Windemere,LLC, CONTRA COSTA COUNTY SUBQ11ltJDER A Delaware limited liability company lvlanaging lvlembcr Maurice M.Shlu, Public Works director By Lorna Hornos of:Cali€ornia,Inc., By: ,managing Member (signature)-- j,lil,YALWWr V (print name&title) U66 Lin,Vice President RECOMMENDgQ fOR ARPRQVAL. B (signature) rent name&(ide)Darleen n ,asst.Engineering Services Ciivisior� (p ' � Secretary FORM APPROVED Victor J.Westman,County Counsel' (NOTE:All signatures to be acknowledged. If 3ubdivideris incorporated, porated, signatures must conform with the designated representative groups pursuant to evorp6ratkms Code§313,) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Court "and the above-me ntlonesd'Su div€der, mutually prornise and agree as follows concerning this subdivision: 2. IMERCIVI I IEN[S. Subdivider agrees to install certain road Improvements(both public and pr€vate) drainage Improvements, signs, street ilghts, fire hydrants, landscaping, and such other improvements (Including appurtenant equipment) as required in the Improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public:Works 06partrnent and In conformance with the Contra Costa County Ordinance Code(including future amendments thiereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by thelCalifornia Subdivision Map act(Government Code§§60410 and following),in a good workmanlike manner,in accordance with accepted construction practices and Ina 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,tate stricter requirements shall govern. 3. IMPROVEMENT SEC!&ITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66489,and the County Ordinance Cutis,provide as security to the County. A For Performant and Guarantee. $ 3 0990.O0 cash,plus addiffon I security;in the amount of 305.610.00 which together total one hundred percent('100%a)Of the estimated cost of the work. Such additional security is presented In the form of Cash,certified cheek 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 zor any unsatisfactory performance. B. For Payment: Security In the amount of$ 1§4.350 Q€1 which is fifty percent{50°/a}of the estimated cost of the work. Such security Is presented in the forth of.- Cash, f.Cash,certified check,or cashler'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§94-4.416 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 workmanafitlp and shall perform saftsfactort Iy for a period of one-year from and after tha Board of Supervisors accepts the work as compleite in accordance with Article 96-4.6, "Acceptg re"',of the Ordinance Code. Subdivider agrees to,,r ct,repair,or replace,at his expense,: any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. 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 pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-yearfrom 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 anytime 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. NO WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/ter 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 shall the County be thereby be stripped from bringing arty 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 time before the County reviewed said Improvement plans or accepted the work as complete,and including the defense of any suits),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 specificatlon(s)in conwith this work or subdivision,or has insurance or other indemnification covering any of these matters,orthat the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COST 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 Commissloner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:if Subdivider falls to complete the work within the time specified in this Agreement, and subsequent extensions, or 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 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. INCORPORATIOWANNEXATION. 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 ag reement 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. *wJap G.-G"c&mvEna8vCT0M%Ac WORMAc-30AAOC Rev.MBy 18.2001 .......:.:....: :.... ....:: .aa ::...:.. .... ::...:..:vara: .:rt: .0::....0 i•mar: ... 0 T...li�ly.. Jd4 :43:,.. 3:.13:.... ! .3tl+f ..)i,y 3. ..3'rit,. 3 1 i.... i ryi:.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CoCounty of l_ >Tss.l before me, £1U� EAJAbTA ' aP.yi.-c - , Date } Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared Uc^ L_jtt Z= Ks 0 bA°f_\_ iU Z'Cly Name(s)of Signar(s)' 15 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are �r►.irn.r► subscribed to the within instrument and XAMN L. WENAN acknowledged to me that hefsheithey executed Common# 1378827 the same in htisMer/their authorized Notary Pubic -CaliftSrrNa capacity(ies), and that by piat4h r/their Contra Costa County signature(s)on the instrument the person(s), or MyCorrm,Expires Oct 7,2006 the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand d offici I seal. 5ignatu of otary Public' OPTIONAL' Though the information below is not required by law,it may prove valuable to persons retying 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: 1 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: 0'Individual Top of thumb here 0 Corporate Officer—Title(s): 0 Partner ❑ Limited ❑General El Attomey-in-Fact O Truster O Guardian or Conservator ❑ Other; Signer is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P:O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No 5907 Reorder:Call Toll-Free 1-800`-876-8827 V VJf'J'I:tiIA eyVUYK1 fTtlf7R'W#WAillr 2410E CP CC tUNTY A�7£�IT��C©NTROLLEit k` .. TOT �'} t MAitTINEZ,CALIFORNIA r t r'r RECE1 'FR 1 ORGANIZATION NUMBER •(1544,CalhjGollooion Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/CMG SUL TASK OPTION ACTIVITY AMOUNTACCT r. ,. a `$f tj e . � IS . ka a r) i } ` s l w �^ 8 I i t I i i i k i 1 i jf i XPLANATION. TOTAL $ i DEPOSIT 7k x 4F Deposit consists of the following items wCiN and CIHtRNCY $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY it ` DEPOSIT PERMIT DP r NUMBER ©ATE436246 uJE��' ASSIG40 he amount of money described above is for Treasurers eiptof above amount is approved. Receipt ledge ipt of'a above amount is hereby ,deposit into the County Treasury. 6 c U'E `pate <.£ f!` Signed: Signed: l , rtis �.p EXT . uty Count door Deputy County Treasurer ,d REV.(7-93) -� 'i �, �,+� �. ,,,,}��� 't ,.,.tit:" i •t tW_ y OSOC3: 11 X8981, 0911.00, Sub 8 '78, Oerf r�m onceCash on 1, Windermere SLC .and Company LLC, 3150 Crow Canyon #310, Son Ramon, CA 94583 8.19800-08003: 61158983, $1,000.00, Sub 8774, Performance Wash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158986, $1.700.00, Sub 8775, Performance Cash Band, Windemere BLC Land Company LLC, 3150 Crow Canyon 'PI #310, San Ramon,- CA 94583 819800-0800: 61158988, $1.720.00, Sub 8776, Performance Cash Bond,` Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, Son Ramon, CA 94583 819800.'-0800: G1158990, $2,690.00, Sub 8777, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 819800-0800: G1158992, $1,490.00, Sub 8778, Performance Cash Band, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158994, $2,500.;00, Sub 8690, Performance Cash Bond, -Crow e f +d '4 819800-0800: 'G1158995, $ a,10t1.DO RA1148, Performance Cash Bond, San t -t)t 41, C_ 819800-0800: G1158996, $3,500.t3b, ,S B8b y, Performance Cash Bond, -94§83 5VNc,. eti �TPd. of ko evA C',-Y to 15 �l . 8198007-0800: G1158997, $9.870.00, RA1151, Performance Cash Bond, Windemere BLC Land Company LLc, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 8320001: G1158982, $25,200.00, Sub8773, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow CanyonP1 #310, San Raman, CA 94583 0649-9665 / 831000: 01158984, $7,600.070, Sub8774, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, :3150 Crow Canyon P1 #3101, San Ramon, CA 94583 01649-9665 / 831000: 61158987, $14,130.00, Sub8775, Landscape Improvement Inspection deposit, Windemere BLC Land Company LLC, 31507 Crow Canyon PI #810, San Ramon, CA 94583 0649-9665 / 831000: 61158989, $14,280.00, Sub8776, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon'P1 ##'310, San Ramon, CA 94583 0649-9665 / 831000: 61158991, $22,0)10.0}0, Sub8777, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665' / 831000; 61158993, $12,410.00, Sub8778, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #3101, San Ramon,CA 94583 0649-9665 / 8310010. 61158994, $14,700.00, Sub8690, Landscape Improvement Inspection Deposit, t M Nf8 E--vc _T Lp -z�� 6q 75O:; 0649-9665 / 831000: G1158995, $30;900., RA1148, Landscape Inspection, W.i an ompanyEE A d PCZ) /ti iYt (er7 s 0649-9665; 1 831000; 61158996, $19.400.00, Sub8685, Landscape Improvement Inspection, RtA , an, 5 0649-9665' 1 831000: G1158998, $79,IWA) 40:00, RA1151, Landscape' Improvement Inspection Deposit, W€ndemere SLC Land Company LLC, 3150 Crow Canyon Pi #310, San Ramon, CA 94583 0649-96651 831000: 01158999, '$947'.17, FC Permit 633-03, Cash Deposit, Kinder Morgan SFPP,LP 1100 Town & Country, Orange, CA 92868' 0649-96651 831000; 61159000, $196.83, FC Permit 632-03, Cash Deposit, Kinder Morgan 5FPP,LP1100 Town & Country, Orange, CA 92868 subdivisiow. 8773 lomd No.: 101*3 P tum: $1,529.00 Executed in 'Duplicate I1VfPRC3'4 ENUNT StCUIUTV'BONID O OR'PLYRUC fuciO.A*WAX LSA DSt".►O A GRUMENT (Performance,Guarantee,,And Payment) (California Govmment Code Sections 66462 and 66463) L1F st swtstem&ammxrrr< The Principal bas!executed an agreetnent with the County to ; l pay for public ri ft ofv 'ay landscapm&And ether related mpr vernents in Subdivision ,as specified in The Subdivision Ag timer t(Right of t1V'ay Landscaping),and to complere.said Work wnhin, the bine specified for completion'in the Subdivision Afire naent;(P.i& of Way Landscaping), all in aaccordatace vuith State and local cavus and rulings thereunder in order to satisfy conditions for filing of the Final map or Parcel:dap for said Subdivision. 2, asfnrp ci N a . n S aun4 rd Insurance z Company,awrporattt3norg ni tit tt'tb+elm ofthe State of Colorado and authorized to transact surety business in California, as Surety, hereby jointly and seVM-filly 'bind ours a cur 11eirs, execuTOrs, Slbain tots, successors,And assigns to the County of Contra Costa,California to sirpay i s A. Performance and Guarsnaee."Tee H ndred Five Thous :d Six Hundred Ten gd 001100 Dollars (S )for itself or any city assize under the above County Subdivision .t�,gaeen�ent,plus B. Paymetrt: t�rie.��dred Fi Four'1"hc�usand'1"hzee ld�lred Fi and ! 1'1€3 Lxollars ($ 254to' secure the clams to which xefe renee is wade in 'Title XV (commencing '.with Section, 3082) of Part 4 of Division M of the Civil Code of the State cif California. 3. Com. A.. The Condition of this oblig�on as to Section 2.(A) above is such that if the abo�re bounded ;t iumpal,his or its heirs,a xccutors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perforin the cove artrs„ccaftigns and provisions in the said agreement and any alteration thereofmade as therein provided,on is o or its part,to be helot and performed at to time rsd in the manner therein specified,and in all respects according to their true intent aid meaning. and shall ind=mi6 mid save harmless the County of Conti Costa(or city assignee),its officers„agents and employees,as therein stipulated,then this obligation shall become null and'void;otherwise it shall be av1 remain it full force andeffect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shalt be included costs and reasonable expenses and fees, including reasotrble attorney's fees, incurred by County(or city assignee)in successfithly enforcing such obligation, costs and included in any judgement rendered. all to be taxed as B_ The condition of this obli gation as to Section 2.($} above is such that said Principal and The undersigned as corporate surety are held firmly bound unto the County of Comm Costa and all contractors,subcontractors,laborers,material men slid other persons empIayen in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code formaterials furnished or labor thereon of any ldnd,,or for amounts dine under the Unemployment ice Act with respect w such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, acrd also in case suit is brought upon thus bond, will pay, in addition to the fact amount thereof costs and reasonable expenses and,fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obti to be:awarded and fixed by the court,and to be taxed as coin and to be included in the judg err t tlrereix rendered Itishereby expressly stipulated and agreed that this bond shall intoe to the benefit of any and all, Persons,companies and corporations entitled to file claims under Title 15(comme cing with S 3082)ofPart 4 of Division 'of the Civil Code,so as m ection give a right of action to thein or their assigns in any suit brought upon this band: Should the condition of this bond be fatly performed then this obligation shall become null and void, otherwise it shall be and retrain in full force and effect. C. No alteration ofsaid subdivision agreement or any plan or specification ofsaid work agreed to b Principal and the County shall relieve an S ye given,to make such alteration without firrrher ce to or consent on s bond;air$consent is hereby reby waives the provisions of California.Civil Code Section 2819,and holds i elfbound without rSurety;and the Surety egard to and independently of any action against Principal whenever taken. SIGIN ANl7 SEALED on Decelaher 3, 20O�i WIi�tDEME1tF BLC LAND Cbbfi Y, LLC, a California limited liability company; By: LEN-OBS Windemere, LLC, a Delaware dorporation, its Managing ,Me- Pnnar Homes of California, Inc. , its e STY: NATIONAL FARMERS UNION STANDARD Address: _ 29 F.n t e r r iIMUMME COMPp Address: One" Financial. Plaza, 10th floor City. ,,.� City; Hartfo CT .��..Z p: 0610. By: ( By. Print lvame' .Dalt d Print N ----. ame: Patri&&.q n. Brahner TiLIe: X7i nF+ Pr�ci d nt Title: Attorne y-in-Fact hKw W'1VS2tS1'�xRDwTw�G:pt�a+E»gS�c�ar►nsr9N'YVORD�h-1�A.gor CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Ore On Deoember 6 2004 before me, Dina Printy, Notary Public, personally appeared David L.(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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DiNA PRN r7'F .; _ c Notary Public C1aNfotrsics orange county my Gomm.Expires Nov 2$,20017 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. 4410193 (Number of Pages: Two '2 Date of Document:. December 3 2004 Signers(other than those named above):Patricia H. Brebner CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT 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) Ware 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. WITNESS my hand and official seat. W" :RHHCNbA SIGNATURE OF NOTARY1< m,* 154I918 PUBLIC•CALIFORMAD ANGE COUNTY D .B(P.AUG.9 M S” 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 OIF'ATTACHED DOCUMENT ❑ ;INDIVIDUAL ❑ :CORPORATE OFFICER TITLE OR TYPE OF iDOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ATTORNEY-IN-FACT ❑] TRUSTEE(S) ❑ 'GUAR©IANCCONSERVATOR 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 C 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 NATIONAL F"MERS UNION STANDARD INSUk INCE COMPANY [in the process of being renamed Quanta Indeninity Company] New York City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: Patricia H.Brebner of Irvine,California to be its true and lawful Attomey(s)-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'00/10 COLLARS($50,000.000.001 each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is madeunder 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 bunds,undertakings,contracts,and other instruments,other than as above for and on behalf of the Company which it is;authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that 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 may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to;,which it is attached. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]has been affixed thereto in New York City,New York this 2e day of March,2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary �..r..rain+ �iroj�. `'•` o ,-fid' STATE OF NEW YORK] ss COUNTY OF NEW YORK) On this Zb!day of March,2( 4,before me,a Notary Public,personally came WALDA DECREUS,to me mown,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 FarmersUnion Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said,corporation. CMI E.Cinoole NOW POW-ti to o(New York OIC147SK94 Notary Public OUsllfi 10W"ch r 0+00 ' My Commission Expires June 30,2006 CERTIFICATE I,the undersigned,Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIII, Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF.I have subscribed my name and affixed the seal of said Company. Dated this 3rd day of Decefber 3, 2004 By _ Martha G. nnerman,Secretary' .o o�,� s `'oiraV° EFiF!3lNiF2iF8ii FlF13FF£3 IYF333sg3MilFSF::!lt, .... .-_........ .... ..... ..-- ..::....:n:ruu:aiiez;u ix::�se3 i!R:e:ae:Nii3:.?^::3i!1Y:::a::3 i!3::y.:::3�iG:':: ii •'•'.! ! •`:!3i 3!i -_3ili,..` illi.-_i�i.z:: i¢3 8�i h:at:3!1!1 •.:::!3 3....__..!� N. �•..:! 35!31,,,,.3!i�i: in3 33:�: 3i3 3,1�`�� 3•^�!f 3 •!!!ir ...v3ln �:: n:t„ ! 3!!,i ,._„!! ifii ,I,; !! ,..:.. �� .. .... - IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as definedby The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to:have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a;United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign' interest, as part of an effort to coerce the civilian population of the United States or influence the policy' or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90% of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded'from any surety bonds 'issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your;terrorism coverage which should be used for Informational" purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage: Form Number SUR 10001 (Ed.4104)