HomeMy WebLinkAboutMINUTES - 11152005 - C16 TO: BOARD OF SUPERVISORS f
FROM: MAURICE M. SHIU,;PUBLIC WORKS DIRECTOR
DATE: November 15, 2005
SUBJECT: Approving Subdivision.Agreement(Right of Way Landscaping)for Subdivision 04-08775,
being developed by Windernere BLC Land Company,;LLC,San Ramon (Dougherty Valley)'
area. (District.III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(Sk
ADOPT Resolution No. 2005/F,-30 for Subdivision 04-08775, 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 RECOMMENDATION(S)::
Subdivision 04-08775 (Right of Way Landscaping)has been reviewed and processed by Public Works staff and
meets all applicable conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right of Way'Landscaping)will not be approved.
Continued on Attachment: '' SIGNATURE: `
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE '
.-,KP'PROVE OTHER
r'
SIGNATURI< S•
ACTION OF 11010("ON 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 t7- 2e, ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
EH:rm ATTESTED: G>Es•3�,6e" '
G:tGrpData\Engsve\BO12005\11-15\SD 04-08775 BO-l6.doc JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) Supervisors and County Administrator
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T—July 13,3005(PI)
Windernere BLC Land Company,LLC
6131 Bollinger'Canyon Road,suite 500 By �v +`~ ,Deputy
San Ramon,CA 94583
Attn:'Brian Olin
National'Farmers Union Standard Insurance Company
One Financial Plaza,10'b Floor
Hartford,CT 06103
Attn_'Patricia H.Brebner
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on November 15 2005 by the following vote:
AYES: Gioia,;?Piephr,DeSaulnier,Glover:and Uilkema
NOES: None
"SENT: None
ABSTAIN: None
RESOLUTION NO. 2005/ .
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-05775, 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-
08775,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 Ordinance Code,as follows:
I. Gish Deposit
Ieposit Amount: $1,700.00
Deposit'made by: Windemere BLC Land Company,LLC
Auditor's Deposit Permit No. and Date: 436206 Decertber 16, 2004
EH:rm I hereby certify that this is a true and correct copy of an
G:\GtpData\EngSvc\BO\2005\11-15\SD 04-09775 so-16.doc:
Originator: Public Warks(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-July 13,2005(P1) ATTESTED:Windermere BLC Land Company,LLC
6121 Bollinger Canyon Road,suite 500 JOHN SWEETEN,'Clerk of the Board of Supervisors and
San Pamon,CA 94583 County Administrator
Attn:Brian Olin
National Farmers Union Standard Insurance Company
One Financial Plaza,I0b Floor
Hartford,CT 06103 �,,���,
Attn:Patricia H.Brebner Byrli"= Deputy
RESOLUTION NO.2005/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-0,877,,:51�,111 being developed by`Windemere BLC Land'' Company,`LLC, San
Raman(Dougherty Valley) area. (District III)
DATE: November 15,2005
PAGE: 2'
II. Safety Bond
Bond Company: National Farmers Union Statdard Insurance Company
Bond Number and Date: 44101 9 December 3,2004
Performance Amount: $168,700.110
Labor&Materials Amount: $85,200.00
Principal: Windemere BLC Land Company
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,
o
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government'Code§66462 acrd6fi463)
Subdivision: SUB 8775 Effective Date:
Subdividsrr Winderheme 8LC'Land Como anv.L.L.C. Completion Period: 1 year
WINDEMERE SLC LAND COMPANY,LLC
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A Catif6rata limited liability company
By:LEN-OBS Wtndernere.LLC,
CONTRA COSTA COUNTY SUBQIVIC3ER: A Delaware limited liability company
Managing Member
Maurice M. Shiu,Public Works Director By:Manaaginggingr Homes ofCaliforriia,tnc.,
Member
BY (signature) .. _ + j AAA�
(print name&tit ) Don on,Vi President
RECOMMENDED FOR APPROiIAL:
By: (signature)
Engineering',Services DMro (print name4te'le)Darin Carpenter est Secretary
FORM APPROVED: Victor J.Westman County Counsel (MOTE:All signatures to be acknowledged!. If subdivider Is incorporated,
signatures must conform with the designated representative'groups
pursuant to Corporations Code J313.)
1. PARTi ES&DATE. Effective on the above date,the City of County of Contra Costa,C,atiforrtia,hereinafter called"Cerun ,"and the
above-mentioned,Subdivider,mutually promise and agree as foilu a concerning this subdivision:
2. tMPRC3UEMI=NTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,
signs, street tights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the
improvement plans for this subdivislon as raylewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(Including future amendments thereto).
Subdivider shall complete said work and,improvements(hereinafter called*work")within the above completion period from date
hereof as required by the California Subdivision Map act(Gave mant Coyle§§66410 and following),Ina good workmanlike manner,in
accordance with accepted construction practices and In a manner equal or superlcrr to the requirements of the County Ordnance Code and
rulings made thereunder; and where there is a co fill between the improvement plans and ft CountyOrdinance Cotte,the stricter
requirements'shall govern,
3. IMPROVEMENT SECURIT`l. Upon executing this Agreement,the Subdivider shall,pursuant to Govemment Cone§66499,and
the County Ordinance Code,provide as security to the County:
A. For Perfornmance and Guarantee: 1,7t3{l.flfl cash,plus additional security;in the amount of
$ 168,700.00'; which together total one hundred percent(1911°lam)of the estimated cost of the work. Such additional
security is presented'In the form of:
Cash.,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable leder of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the workfor one year after Its
completion and acceptance,against;any defective workmanship or materials or any unsatisfactory performance.
S. For Payment: Security in the amount of$ 85,200-00 which is filly percent(5G*/e)of the cost
of the work. Such security is presented In the farm of:
Cash,certified check,or cashier's check
X Acceptable corporate surety band.
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 Supendsots and upon request of the Subdivider,the amount
securities may be reduced in accordance with§84-4.406 and§94-4.4€38 of the Ordinance Code.
4. GUARANTEE AND WARI?ANTY OF WORK. Subdivider guarantees that sold work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-yeah from and after the Board of Supervisors accepts the work as complete
in accordance with Article 91-4.6,"Accept *^ne",of the Ordinance Code. Subdivider agreesto correct,repair,or replace,at his expense, =
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shah consist of adequately watering plants,replacing unsuitable plants,doing weed,coder#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 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 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 stopped front bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof,
8. INDEMNITY; Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and
appointive boards,commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or
threatened because of actions defined below,and including personal injury,death,property damage,inverse
condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage
was unforeseeable at any time before the County reviewed said Improvement plans or accepted the work as
complete,and including the defense of any sult(s),action(s),or other proceeding(s)concerning said liabilities
and claims.
C. The actions cawho liability are any act or 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 dependenton whetheror
not any Indemnitee has prepared,'supplied,or approved any pians)or specification(s)In connection with this
work or subdivision,or has insurance or other Indemnification covering any of these matters,or that the alleged
damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Subdivider'shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before'`acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: if Subdivider 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. 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°eights 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.
*v1sp
G:tGrpDetalEngSv0Forms%G WORMG-30A.doc
Rev.May 18.200/
.......................,...:..::.... ..:......«..........
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of t bk-jrr jR Ob—,TA
On S M o .. 0(`3 before me, +0t�'F illEt13Pti(l [t34T��X tAC ,
Date Name and 1RIeof Officer(e.g.,"Jane Doe,Notary Public')
personally appeared "gsg��&) ASL _ Pt P. X11. TC I�
Name(s)of Signers)
00 personally known to me
❑ proved to me on the basis of satisfactory
evidence-
to be the person(s) whose name(s) -is/are
KAREN L KEENAN subscribed to the within instrument and
Commission# 1378827 acknowledged to me that Hefst3e/they executed
Notary Put#c Ctilfvrnk) the same in his�h+er/their authorized
Contra Costa County capacity(ies), and that by NeA%r/their
i>igyComirn,Expires Oct 7,2006 signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES my hand and officialsea].
Signature of N5lity'.Public
3
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:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑'Partner ❑ Limited ❑General
❑ Attorney-in-Fact
0 Trustee
11 Guardian or Conservator
❑ Other;
Signer Is Representing:
1999 National Notary Association•9360 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313.2402-www.nationatnotery.org '. Prod.No.5907 Reorder Call Toll-Free 1:-800.878-6827
vv+i- ,V' frvr>1r1^IA ArVWfltw
t:
,fICE-OF'C� AUDITOR-CONTROLLER
1 ks
TORER} MARTINEZ,CALIFORNIA ;
RECElV�D�FRimWt �.,,� �s
ORGANIZXRON'NUMBER `
x ,
:{fir Colleetion Procedures see County AdrninishtirFar`s Bulletin 105.)
DESCRIPTION FUNDJORG.' SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
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XPLANATION TOTAL $ I
" s` DEPOSIT t I .
Deposit consists of the following items
e zxIN and CURRENCY $� � i F
f bjH-CKSI M Ck,ETC. $ a
BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMSERr� n
DATE $ r �y
ASSIGNED
?y
a 1'
he amount of money described above is for Treasurers eipt of above amount is approved Receipt of above amount is hereby r
deposit into the County Treasury knowledgod
y
ra
Signed; Sid.
EXT ' ut Caun# iter
/ p Y Deputy County Treasurer
4REV.(7-93)
r �; /�
819800-0800: 61158981, $3,090.00, Sub 8773, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Raman,
CA 94583
819800-0800: 61158983, $1,000.00, Sub 8774, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 01158986, $1.700,00,, Sib 8775, Performance Cash Bond,
Windermere BLC Land Company LLC; 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800.0800: G1158988, $1,720.00, Sub 8776, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Craw Canyon PI #310, San Ramon,
CA 94583
819800-0800: G1158990, $2,690.00, Sub 8777, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA"94583
819800-0800: G1158992, $1,490.00, Sub 8778, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 9458`3
819800-0800: G1I58994, $2,500..00, Sub 8690, Performance Cash Bond,
vv
-13`Irf� "
,L i7;�i
819800-0800: '(51158995, $6,100.00, RA1148, Performance Cash Bond,
` xl*5 33' o t c� n
!001, 1 10 .s t
1 f s �4
819800-0800: G1158996, $3,500.00, S�B868y, Perfo mance Cash Bond,
� � , . MOP, ���
819800-0800: 01158997, $9,870.00, RA1151, Performance Cash Bond,
Windemere BLC Land Company LLc, 3150 Crow Canyon Pi #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 PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61158984, $7.600.00, 5ub8774, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158987, $14,130.03, Sub8775, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon Pl #310, San Ramon, CA 94583
0649-9665 / 831000: 61158989, $14,280.00, Sub8776, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon Pl #3103, San Ramon, CA 94583
0649-9665 / 831000: G1158991, $22,010.010, Sub8777, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #320, San Ramon, CA 94583
0649-9665 / 831000; 61158993, $12,410.00, 5ub8778, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Grow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61158994, $14,700.030, Sub8690, Landscape
Improvement Inspection Deposit,
'T-. , 0 .
0649-9665 / 831000: G1158995, $30,900.00, RA1148, Landscape
Inspection, an omptznyT ,
/M A; , ter s
{ { f /'
i
0649-9665 / 831000. 61158996, $19,400.00, Sub8685, Landscape
ImprovementInspection, ars---
IWe� �.
C �.
0649-9665 / 831000: G1158998, $79,490.00, RA1151, Landscape
Improvement Inspection Deposit, Windemere SLC Land Company LLC, 3150
Crow Canyon PI ##310, San Ramon, CA 94583
0649-9665 / 831000: 61158999, $947..17, FC Permit 633-03, Cash Deposit,
Kinder Morgan SFPP,LP,..1100 Town & Country, Orange, CA 92868
0649-9665 1 831000: 61159000, $196.83, FC Permit 632-03, Cash Deposit,
Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 9286$
Subdivision:
�3oAd�c►.s 4� .'ft19t
Premium: $844.00
Executed in Duplicate
bVROVEWNT SECETR Y BOND
FOR P'C RUC IUGVr'OF WAY LA"SCAM AGi` EMEl+T
(Performance,Guarantee,and Payment)
(California Government Code Sections 616462 and 66453)
of u utvt r ► r AGttEw tT, The Principal has executed an agreement with the County to
install acid pay for public right of way landscaping,and other mated improvements in Subdivision
as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within
the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in
accordanec with Statc and local laws and rulings thereunder in order ro satisfy conditions for filing of the
Ficial Map or Parcel leap for said Su ► iAiion
btsLYGA�rtarw �Vt�in+demere ILC'La ci om an L.X,.C. asftualxal,and
National. P`n ere union Standard Insurance Compan acozpIdre�'tiont organized s�tgunder thelaws
of the Stale of Colorado and authorized to transact surety business in
California, as Surety, hereby jointly and sev lly bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Cosh,California to pay t.
.tai.. performance and 411.411 tutee:One Hundred % Ei ht Seven Hundred and 00/1 0
Dollars (S 1600000 or itself or any city assignee under- the above Copy
Subdivision.A.greernerit,plus
B. Payment: lwi Five Thousaixd Two Ku—ndred And 00/100 Dollars
tS5Zt3Q. l } to secure the c to whichreference is made in Titley
(corrimencing with Section 3082) of Part 4 of pivision TSC of the Civil Code of the State of
California.
3. CMITI4t:
A. 1-ne Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by and well and uulykeep and perform the covemnts conditions and'provisions in the
said agreement and any alteration thereof made as Therein provided,on is or its part,to be kept and
performed at the time and in fixe annex therein specified,and in all respects according to their true
intent and m: anin9, and shall indenwify and save harmless the:County of Contra Costa(or city
assignee),its officers,agents and employees,as therein stipulated,then taxis obligation shalt become
null and void;otherwise it shall be and remain in full farce and effect.
As part of the obligation secured hereby and in addition to the time amount specified therefore,
shall be include$ costs:,and reasonable expenses and fees, including xcasanable attorney's fees,
inured by County(or cityassignee)in successfixlly enfordag"such obligat ran, all to be taxed as
casts and included in any3udgement rendered..
B. The condition of this Doli ($) above is such that said Principal and
the
obligation as to Section �.
undersigned as corporate surety are held firmly bound unto the Counry of Contra Costa and all
contractors;subcontractors,laborers,material men and other persons employed in the performance
the aforesaid agreement and referred w in the aforesaid Civil Code formaterWs furnished or labor
Thereon of any kind,or fQr amounts due under the Unemployment h2sumce Act with respect to such
work or labor, that said surety will pcy the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this band' will
amount thereof, costs and
reasonable expe�tses and fees, including reaan$ble attorrr�eeys feeay$ in addition to the s
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court„ and to be taxed as casts and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all
Persons,companies and corporations entitled to file claims under Title l S(commencing with Sectio
3 082)ofParr 4 of Division 3 of the Civil Cade,sa as to give a right of actioth to them or their assis
in any suit brought upon this band.
Should the condition of this band be fully performed then this obligation shall become nun and void,
otherwise it shall be and remain in full farce and effect.
C- No alteration of said subdivision agreement or an Plan or
specification P speccificattion ofsatid wank agreed to bythe
Principal and the County shalt relieve ally Surety frank liability on this bond;azd consent is hereby
given to make such alteration without f ,ter notice to or consent by Surety;and the S
waives the provisions of California Civil Code Section 281,9,and holds x elfbouthd wiuthou reprd
to and independently of any action against.Principal whenever taken.
SIGNED on December 3,-200.4
i+tIINDEMERE BL , COMPANY, LLC, a California limited a.iabil.ity company,
By: LEN-OW tindemere, LLC, a Delaware dorporation, -its Managing Member
P ennar Hames of California., Inc.,
to
e SUUTY: NATIONAL 'ABS UNION STANDARD
Address. . 25 Vnhnrjari cQ
Address: One Financial. Plaza, 10th floor
City. �n Zj „ ,
_ .6 6 City Hartfor CT..... .Zi qp3__
By. 8y.
__..._.
Print Namet r , 'WuAnczPrint Name. PatriciaH. Brebner
._.
Title. C7 j CP Arp c j t
Title: Attornv-in-Fact
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California:,
County of Orange
On December 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.
t31NA PRiN Y
Witness my hand and official seal. commission#1453610
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Notary Public-Calltomia
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my Comm.Expires tov 2t3,2007
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:
Corporate Officer Vice President Lennar Homes of California,=Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 4410191 -
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) 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.
WITNESS my hand and official seal.
..
12HONDA C.ASELyY SIGNATURE OF NOTARY
COMM..*15979,41S ��
NOTARY PUBIC-CALIFORNIA 0
ORANOE COUNrx C
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 O 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184 Canoga Park,CA 91309-7184
NATIONAL Fki6MRS INION STANDARD INSUZ�NCE COMPANY
[in the process of being renamed Quanta Indemnity Company]
New York City,Now York 10020
POWER OF ATTORNEY
j OW 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 he its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,seal,
and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course
of its business up to a penal sum not to exceed Q 40i D AR -($5Q,0MQ00,OCl each,and to bind
the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.
This appointment is made under and executed pursuant to and by authority of the following By-law,which By-lave is now in
full force and effect:
ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,BTC.
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 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,'2d
National Farmers Union Standard Insurance Company
[in the process of being renamed Quanta Indemnity Company] ;
By
Walda Aecreus,Assistant Secretary
` '`.
.�K
STATE OF NEW YORK} ss
COUNTY OF NEW YORK}
On this dayof M=h_,20_.04,before me,a Notary Public,personally came WALDA DECREUS,to me known,and
acknowledged that sheds an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of
being renamed Quanta Indemnity Company);that she knows the seal of said corporation•,and that she executed the above
Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of
being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation.
Carol E.CM008
NoUtyPublic•SWO Of NOW York
(1101'4SMSNotary Public
40d 1r► ch os*€;c U *
my anmmiesla7 Expim June 31,2006
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 novo in force.
IN TESTIMONY WHEREOF have subscribed my name and affixed the seal of said Company. Dated this 3rd day of
December 3, 2004
By
Martha G.91dinernian,Secretary
w��•. 3
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T T�
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 Oct.
The terra "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 band form for the terms and conditions regarding your
terrorism coverages
Form Number SUR 10001 (Ed.4/04)