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HomeMy WebLinkAboutMINUTES - 11152005 - C15 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: November 15,2005' SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivision 04-08774, being developed by Windemere BLC Land Company, LLC, San Ramon(Daugherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ for Subdivision 04-08774, approving Subdivision Agreement(Right of Way Landscaping) for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATIONS) Subdivision 04-08774 has been reviewed and processed by Public Works staff and meets all applicable conditionsof approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION; The Subdivision Agreement(Right of Way Landscaping)will not be approved. Continued on Attachment:4,� SIGNATURE: rte-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE €'ROVE OTHER r SIGNATURE S - ACTION OF'BOA N Gs+7 y AP'PRO'VED 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 ,J^ -W' UNANIMOUS(ABSENT / ) date shown. AYES: NOES: ABSENT: ABSTAIN: �/" ATTE5TED:l�''+���---O---->E'"'>'',etr' o0a .fi"� EH:rm JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\BO\2005\11-15\SD 04-08774 BO-16.doc Originator: Public Works(ES) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Public Works- T Bell,Construction Current Planning,Community Development T—July 13,2006(P1) Windemere BLC Land Company,LLC By_ , Deputy 6121 Bollinger Canyon Road,Ste 504 San Ramon,CA 94583 Attn:Brian Olin National Farmers Union Standard Insurance Company One Financial Plaza,10'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: Gloia,Plepho,DeSaulnjer,Glover and Uilkenta NOES: Norte A 10C.. None ABSTAIN- None RESOLUTION NO. 2005/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08774, 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- 08774, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within 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 0,tdinance Code, as follows: 1. Cash Deposit Deposit Amount: $1,000.00 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\1 1-15\.5D 04-08774 BO-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Ria(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-July 13,2006(P 1) ATTESTED: Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon,CA 94583 Attn:Brian Olin County Administrator National Farmers Union Standard Insurance Company One Financial Plaza,I Oh Floor Hartford,CT 06103 Attn:Patricia H.Brebrier By Deputy V RESOLUTION NO.2005/ ........... SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-0$7741being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: November 15 2005 PAGE: 2 11. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number and Date: 4410192 December 3, 2004 Performance Amount: $$7,700.00 Labor&Materials Amount: $44,350.00 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 PublicWorks Department. SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462and§66453} Subdivisiom SUB 8774 Effective Efate: Subdivider: WNindernere BLC Land'Corngany.,L L.C. Completion Period: 1 year WIMEMERE BLC LAND COMPANY,LLC THESE SIGNATURES ATTEST TO THE PARTiEV AGREEMENT HERETO: A California limited liability company $y.LEN-M.S Windemere LLC, CONTRA COSTA CQUM SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M.Shlu, Public Warks Director By.Managing Member s ofGaiifornia,'inc., T By:: ."`'...'``"' (signature) AA /i j AAA + (print natne& tie) lion n,Vice President RECC)MIrMOOED-FOR AEE!R0VAL. By: (signature) Engineering Services© s a n (print name& tie)Darleen Carpenter, .Secretary FORM APPROVED: Victor J. llJestman, County Counsel (NOTE:All signatures to be acknowledged. If subdivideris 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,Coria,hereinafter caked"Corn '"and the above-mentioned Su Ivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road Improvements(both public and private.),drainage improvements, signs, street lights; fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required In the Improvement plens fvrthis subdivision as reviewed and on file with the Contra Crista County Public Wb*s'Department and in conformance with the Contra Creta 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 Califomia 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. 1 IMPROVEMENT SECURITY. 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: 1.00O too cash,plus additional security,In the amount of .� $ L7,700.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security Is presented in the form of Cash,died check or cashiers check. X Acceptable corporate surety bond. Acceptable.Irrevocable letter of credit; With this security,the Subdivider`guarantees performance underthis 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 egMent: Security in the amount of$ 44.350.00 ,which is fifty pwcent WWI`the estimated cost of the work. Such security is presented In the form of: Cash,certified check,or cashlees cheek X Acceptable corporate surety bund. 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 perform satisfactorily for a'port od of one-year from and after the Board of Supervisors accepts the work as complete in accordance with:Article96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense;='3 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 work2 shall consist of adequately watering plants,replacing unsuitableiplants,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 ba 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 maybe 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. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of€he ounty 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 stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. f 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 car 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 llabillty are any actor omission(negligent or non-negligent)in connection with the m=atters covered by this Agreement and attributable to the Subdivider,contractor;subcontractor,'orany officer,agent,or employee of one or more of them; D. Non-Condltlons: 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 ether Indemnification covering arty 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 Hoard of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the workwithin the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or€naintain 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 ell cxasts incurred by#he'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 shalt 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 fie and record the Final Map or Parcel Map for said Subdivision. *w1ap GAGrpDatxe0vcXF0M \AG WORDIAG-30AAOC Rev.May 18,2001 3 X NIE:t 931 h :311 NI ¢ I ije• A 3i(4a 311 311Y i ) ^, 31 E M i E .x3IXi sN IN s:aN3Nfi 3 R "`+lyly 3) 3.. 31 ^.•!Mi 31h :.1"4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p ss. County of (1 _ r On before me, (' - � , Date Name and Titte of Officer(e g.,"Jane Doe,Notary Patio") personally appeared m L �—e Nome(s)of Signer(s) Wpersonally known to El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +f /are �..�=+►• subscribed to the within instrument and KAREN L KEENA�w acknowledged to me that 4eAsAe/they executed Corrin tf 1378827 the same in k+Ohrer/their authorized Notary California ° capacity(es), and that by ')Is+ rltheir Contra Costa County signature(s)on the instrument the person(s),or My Comm.Exphesfk:t7,20U6 the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand a offici I seal: Signature o No rY ublio OPTIONAL Though the information below is not required by law,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(les) Claimed by Signer Signer's Name: Mile] r.1=1111 El Individual Top of thumb here El Corporate Officer—Title(s): El Partner—ED Limited ❑General Attorney-in-f=act ;1 Trustee L3 Guardian or Conservator EJ Other: Signer Is Representing: -0.1999 National Notary Association•9M Do Soto Ave.,P.O Box 2402•Chatsworth,CA 91313.2402•www,nationainotaryorg Prod.No.5907 Reorder:Cali Toil-Free 1.800-87"827 DEPOST PIRANT ICI= C TV Al�ti��Ct3NTROLLE TOT ( R: MAR"I�Z,CALIFORNIA s RECERM'FRW x r ORGAWATION`NUMBER I eslle Fian Procedures see.County Adrr*�st tors Bulletin 705.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVtTY AMOUNT ACCT. 7 � u 3,{2 �".FL 4 fir. � . ..rlei.,', r �ra �;t'�%f .„` ,M .:�1 >✓ �€;.+'F bl A 9 € S t ;� 1.rLl { r d+ W W j "� fi ) 1 € € { € € € € € f XPLANiATIOtsl TOTAL $ € DEPOSIT Deposit cor Wsts of the following Items CMN and CURRENCY $ EC6 KS,M.0 ETC. BANK DEPOSITS + FOR AUDITOR-cL31*I�cr R t tsE C1t Y DEPOSIT PERMIT NUMBERS DATE ASSIGNED he amount of money;described:above is for Treosur s eipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. nowleetgo Si 4, Signed; gned EXT uty counkAdw Deputy County Treasurer r4REV.(7-43) t14 S l` l 819800-0800 G1158981, $3.090.00, Sub 8773, 'Performance Cash Bond, Windemere BLC Land Company LLC, 3154 Crow Canyon PI #310, San Raman, CA 94583 19800;0800` $1 00 .00, Scrb 8774, Performance Cash Bond, Windemere BLC Land Company LLC; 3150 Craw Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158986, $1;700.00, Sub 8775, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon P'I #310, San Raman, CA 94583 819800-0800. G1158988, $1,;;720.00, 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 Craw Canyon PI #310, San Ramon, CA 94583 819800-0800 G1158992, $1,490.00, Sub 8778, Performance Cash Bond, Windemere RLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158994, $2,500.00, Sub 8690, Performance Cash Bond, -.9--6- P/5-� 819800-0800: 1158995, $6.100.00, RA1148, Performance Cash Bond, CMW Canyon ri 11-310, SER , z7vMV-Poks C-4 819800-0800: G1158996, $3.500.00, SUB868y, Performance Cash Bond, .r Au". 819800-0800: G1158997, $9.870.x0, RA1151 Performance Crash Bond, Windernere BLC Land Company LLc, 3150 Craw Canyon P1 #310, San Ramon CA 94583 0649-9665 / 831000: G1158982, $25,`200.00, Sub8773, landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon>P1 #310, San Ramon,"CA 94583 0649-9665 / 831000: 61158984, $7,600.00, Sub8774, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon;,P1 #310, San Ramon, CA 94583 0649.9665 / 831000: G1158987, $14.130.00, Sub8775, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow CanyonP1 #310, San Ramon, CA 94583 0649-9665 / 831000: G1158989, $14, 280.00, Sub8776, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon Pl #310, San Ramon, CA 94583 0649-9665 / 831000: 61158991, $22,010.00, 5ub8777, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon`°P1 #310, San Ramon, CA 94583 0649-9665' / 831000: G1158993, $12,410.00, Sub8778, Landscape Improvement Inspection Deposit, Windemere BLC Land' Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61158994, $14,700.00, Sub8690, Landscape Improvement Inspection Deposit, Cr_asac_Ca�n 3 -�kA P FAL :T4,C(, 'f�5. CIA- 0- 0649-9665 / 831000: G1158995, $30.900., RA1148, Landscape 5-31-5 Inspection, an ompany 1 U A), Ma ��arT�� a f . s C/' 0649-9665 / 831000: 61158996, $19,400.00, Sub8685, landscape Improvement Inspection, mow" , tin 0649-9665 / 831000: 61158998, $79,40.00, RA1151, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61158999, $947.17, FC Permit 633-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100'Town & Country, Orange, CA 9286$ 0649-9665 / 831000: 61159000, $196.83, FC Permit 632-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 Sttbdirrision: S18 8774 Ron4No,; 44111141: Premium; $439.00 Executed in Duplicate ?1I'bLC3VEMENT SICURMSONDz FOR PMLIC 1UGHTOF WAY LANDSCAPE AGREVAUN"T (Performance,C ntee,and Payment (California C,overruuent Code Sections 66462 and 66463) ctx, .OF SusnrvtsIax AGREMI~NT. ThePrincipal hasexecuted an agreement with the County,to install pay for public regbt of way landscaping,and other related improvements in Subdivision as specified in the Subdivision Agreement(Right ofW ay 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 rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision 2. €ant tcgrqx» rWitedemet C"Land om `ace L.L.C. asPrinc�pal„arxi National: Ewers Union iStandard Insurance Cqvpany�,acorporazionorganiz ed existing under the laws of the Stag of Colorado and authorized to transaa surety' business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators successors,and assigns toe County of Contra Costa, California to pay it: A. Performace and Guarantee. Irl " S yen Thousand "Hundred and 001100 pollars 87'i� l+ )for itself or any city assignee under the wive County Subdivision Agreement,plus l3. Payment: Fa our Thousand Three Hundred Fifly and 00/100 Dollars 44 35Q.t1 1 to secure the claims to which referexice is made � "Title XV (commencing with°'Section 3082) of Parc 4 eat`Division M of the Civil Code of the State of California. 3. QOND rtar+; A. The Condition of this teb igatton as to Section 2.(A) above is such that if the above bounded Principal,his or its hems,executors„adnxinistraim,successors or assigns."in all things stand to and abide by,And well and truly keep and perform the covenants,conditions and previsions in the said agreement and any alteration thereofmade as therein provided,on is or its pan,to be kept and performed at the time sand in the nanner'thereinn specified,and in all respects accord ng to their true intent and meaning, and shall indemn*and save harmless the County of Contra Costa or city assignee),its officers,agents and=ployw-%as therein stipulated,then this obligation sha n became null and void;otherwise it sball be and remain in full force and effect As pan oft the obligation secured hereby and in addition to the face amount specified herefore,there shall be included casts and reasonable expenses and fees, including reasonable atromey's fees, incurred by County(or city assignee)in successfully enforcing such obligation, 411 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 r-Orporate 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 ftunished'or labor thereon of any kind,or for amounts due under the Unemployment errs i=ce Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable a mey's fees, incurred by County(or city assignee;)in successfully enforcing such obligation:,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)ofPart 4 ofDivision;3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of Us bond be fully performed then this obligation shall become null and void, otherwise it shall.be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification ofsaid work agreed to by the Principal and the County shall relieve any Surety from liability on'this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard to and independently of any action aggst Principal whenever taken. SIGNED AND&LED on December :3, 2006 WINDEMIREBLC LAND COMPANY, LLC, a California limited liabi ity company By: LEN-OBS Windemete, LLC, a Delaware dorporation, its Managing Member P "�, Le nar Homes of California, Inc., ui�t is 'Ma aging Me Aber _._ SURETY-. NATIONAL VARMERS UNION 'STANDARD Address: 25 EnterpriseINSURANCE COMPANY Address: One Financial Plaza, 10th fluor City: Aliso Viejo exp: 92656 City. Ham CT in.- 0610 By. By- Print Name: --D EvanaPrint Name- Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact u�y}h�jWyy�Slt��SkixR�yy?�Y,nnpTwtiGrpD��a�£n S,wv o rmBN WopZ414.1a> AOC �MNWA�ILgi ;E'P.e ��a�1 .... .... ..... ...... aax.; .n.. ..... tiara i;x:;:y: :..aqi IE::s::A i i'iaf;?`•N!=;a:^31N. f!. a:ll11 31 _;,NEIN: 3 19•a' 9 3::•`3A i .......a:31N3 NIN.__3N!xn Nil __31N.SIx^:.. ::3!iY 3!�3a:'e:e}�I!I: 31N! '!YPr 'FNNN3 Ifl! .:a3�!!! L 39q:•. 3l. aa:e3111 iN!•a..31N NNllx...alii .NNI...Nil. 3NN aa.,91 I1,: N. CALIFORNIA ALIS-PURPOSE; ACKNOWLEDGEMENT' State of California County of Orang On December 6. 2004 before me, Dina Prints, 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 Q l NTY Commission#1453610 zk :1' Notary Public-California Orange County 'MyComm.Explras Nov 28,2€07 OPTIONAL Though the data below is not requires{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 4410192 Number of Pages: Two 2 Date of Document:` December 3 2004 Signers(other than those named above):Patric a N. Srebner CALIFORNIA ALL-PURPOSE ACFCNC ;. EDGMENI` 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 authorizedcapacity(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 seal. P, 01 RHONDA C.ABEL COMM.#154754$ ' SIGNATURE OF NOTARY ( NOTARY PIIBUC-CA1lfORNIAG) '� C9RANG>w Ct3UF+ITY � SOMM.W.AUG , 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 forma CAPACITY CLAIMED'BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED HGENERAL �'- 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 6-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236-Remmet Ave..P.O.Box 7184+Canoga Park,CA 91309-71$4 NATIONAL FARMERS UNION STANDARD INSIICE 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"),does hereby 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 bands 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 00/100 DOLLARS 004000 00)each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duty 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 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 Berard 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 executingand 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 25`''day of March,2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By _ Walda Decreus,Assistant Secretary>- J� PO� > , REQ 1968 s� STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26`"day of March,2004,before me,a Notary Public,personally came WALDA DECREUS to me known,and acknowledged that she is an Assistant Secretary of National FarmersUnionStandard 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. Carol E.Cincola Notary Public-State of New York Nu'°0"t 014769623 Notary Public Clualified in Westchester County My Commission Expires June 30, 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 December 3, .2004 By Martha G. nnerman,Secretary o�sTArunq QF0 1968 ;�- 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 defined by 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 bands '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.41034)