HomeMy WebLinkAboutMINUTES - 12192006 - C.10 �. to `
TO: BOARD OF SUPERVISORS `� y hT ,o�:, ontra
J = '
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
Costa
DATE: December 19 2006 y �` �
°Cdu� � County
SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 06-00061 (cross-
reference Subdivision 8448 and Drainage Area 48B,lines B and B1),being developed by Lyon Vista
Del Mar 553, LLC, Bay Point area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&13ACKGROLJND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Rcsolultion No. 2006/fa?W for Drainage Acceptance 06-00061 (cross-reference Subdivision 8448 and
Drainage Area 48B, lines B and 131),approving the Drainage Improvement Agreement for project being developed
by Lyon Vista Del Mar 553, LLC, Bay Point area. (District V)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Developer of Subdivision 8448 in the City of Pittsburg is required to construct offsite drainage improvements
through Bay Point, which are part of the Flood Control Districts Drainage Area 48B plan.
CONSEQUENCES OF NEGATIVE ACTION:
Agreement to build Drainage Area 48B, lines B and B1 improvements will not be approved.
Continued on Attachment: ✓ SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
KfPROVE THER
SIGNATURES :
ACTION Or BO R ON �'7 APPROVED AS RECOMMENDED OTHER
VOTE OF PER ISOSUI
I hereby certify that this is a true and correct
X UV4N/;1/6US e1 AC,:i,\rT) DIST: I6' copy of an action taken and entered on the
AYES------ -- NOES: .7-------=—
aBSE:VT:----- ---=:1[3ST.=/IBSTAIN:-
--------- minutes of the Board of Supervisors on the
- -
date shown.
SG:vz
G:\EngSvc\BO\2006\12-19\BO-20 DA 06-006l.doc
Originator:Public Works(ES) ATTESTED: GGPi� ��//�L�,o►Of,
Contact:S.Gospodchikov(313-2316)
cc: I'ubic Works- Construction JOHN CULLEN, Clerk of the Board of
Flood control
T—October 19,2008 Supervisors and County Administrator
Lyon Vista Del Mar 553,LLC
2603 Camino Ramon,Suite 150
San Ramon,CA94583
Tim Cotton By , Deputy
Arch Insurance Company
135 N.Los Robles Ave,#825
Pasadena,CA 91101
Attn:Janina Monroe
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adoptcd this Resolution on December 19, 2006 by the following vote:
AYES: SUPERVISORS UILKEMA,
PIEPHO, GLOVER, AND G1OIA
NOES: NONE
VACANT: DISTRICT IV
RESOLUTION NO. 2006/,P"
SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 06-00061
(cross-reference Subdivision 8448 and Drainage Area 48B, lines B and B 1), being
developed by Lyon Vista Del Mar 553, LLC, Bay Point area. (District V)
The following document was presented for Board approval this date for Drainage Acceptance file
06-00061, project located in the Bay Point area, Supervisorial District V.
A drainage irnprovement agreement with Lyon Vista Del Mar 553,LLC,principal,whereby
said principal agrees to complete all improvements, as required in said drainage improvement
agrcement, within two years from the date of said agreement. Improvements generally consist of
drain per plans for Drainage Area 48B, lines B and B1.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
SG:vz
G:\EngSvc\130\2006\12-19\BO-20 DA 06-0061.doc
Originator:Public works(ES)
Contact:S.Gospodchikov(313-2316) 1 hereby certify that this is a true and correct copy of an action taken
cc: Pubic works- Construction
. - Flood Control and entered on the minutes of the Board of Supervisors on the date
T—October 19,2008
Lyon Vista Del Mar 553,LLC shown.
2603 Camino Ramon,Suite 150 nn�iP� b
�
San Ramon,CA94583
"rim Cotton ,!/ATTESTED: ,vf 9
Arch Insurance Company JOHN CULLEN, Clerk of the Board of Supervisors and County
135 N. Los Robles Ave,#825
Pasadena,CA 91101 Administrator
Attn:Janina Monroe
By , Deputy
RESOLUTION NO.2006/ do49
SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 06-
00061 (cross-reference Subdivision 8448 and Drainage Area 48B, lines B and
B1), being developed by Lyon Vista Del Mar 553, LLC, Bay Point area. (District
V)
DATE: December 19, 2006
PAGE: 2
I. Cash Bond
Performance Amount: $20,000.00
Auditor's Deposit Permit No. DP 474308 Date: November 29, 2006
Submitted by: Lyon Vista Del Mar 553, LLC
Taxpayer identification number: 33-0253855
11. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU5019478 June 1, 2006 together with a Bond
Rider dated November 27, 2006
Performance Amount: $2,007,300.00
Labor&Materials Amount: $1,003,650.00
Principal: Lyon Vista Del Mar 553, LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 20061sp
DRAINAGE,IMPROVEMENT AGREEMENT
Subdivision: DA o6 oo(o I ( x kFf SD 01149) Effective Date: e /2/1 J/06
Developer: 4om 0/ 5,+u Def Mar 53-3 L L G Completion Period: 2 years
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M. Shiu.Public Works Director
B,, C/ (Signature)
(Print Name an isle)
RECOMMENDED FOR PPROVAL
AA
By: (Signature)
Engineering S ICES Division (Print Name and Title)
FORM APPROVED: Victor J. Westman,County Counsel
(NOTE: NI sitzmatures to be acknowledged.If Developer is incorporated,signatures must.
conform with the designated representative groups pursuant to Corporations CodcS313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa.California.hereinafter called"C:ountv,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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 Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder:and where there is a conflict between the improvement plans and the County Ordinance Code.the stricter
requirements shall govern
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $ 20, ODD, cash,plus additional security.in the amount of$ D07 ��•
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check.or cashier's check.
XAcceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security.the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pavment: Security in the amount of$ / 003 (50. - which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
XAcceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article
96-4.6."Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the Conditions of Approval for the development. If;at anytime before the Board of Supervisors accepts the work
as complete or during th-c:one-year guarantee period, said improvement plans prove to be inadequate in any respect, Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. 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 Developer 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 anytime before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other proceedings)concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has
prepared,supplied, or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE_.AND COSTS. If Developer fails 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 Developer agrees to
pay all costs and charges incurred by the County(including.but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work.Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees.and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If.before the Board of Supervisors accepts the work as complete,the development is annexed to a civy.the County may assign
to that city the County's rights under this Agreement and/or any deposit, bond or letter of credit securing said rights.
RL:kw
\\PWS4\SHARDATA\GrpData\ErtgSvc\Fonns\AG WORD\AG-1 7.doc
Rev.April 6,2000
STATE OF CALIFORNIA )
) SS.
COUNTY OF CONTRA COSTA )
On November 29, 2006 before me, Deborah Magallanez, Notary Public, personally
appeared, Timothy M. Cotton, personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. oesowwenacAu�aNEz
%AMM UBUG iCiaio°>
CONTRA COSTA COUNTY
!Ay Comm.Exp.April 11,P007
Signature
Deborah Magallan , No ry Public
Commission #1410494
My Commission Expires on April 11, 2007
Principal County of Business is Contra Costa County
G
I
RIDER
To be attached to and form a part of Bond: SU5019478
Effective Date: June 1st, 2006
Bond Amount:$2,482,000.00
Bond Description: Offsite Storm Drain -DA48 Line B & B-1,Vista Del Mar Sub 8448
Principal: Lyon Vista Del Mar 533, LLC a Delaware Corporation
Surety: Arch Insurance Company
Obligee: County of Contra Costa
In consideration of the mutual agreements herein contained, the Principal and the Surety hereby
consent to changing:
Bond Amount
From: Performance Bond - $2,482,000.00 Labor/Material Bond - $2,482,000.00
To: Performance Bond - $2,007,300.00 Labor/Material Bond - $1,003,650.00
Nothing herein contained shall vary, alter or extend any provision of condition of this bond
except as herein expressly stated.
This rider is effective on: November 27, 2006
Signed and Sealed: November 27,'2006
Principal: Lyon Vist Del Mar 533, LLC a Delaware Corporation
By:
L KA
Sure' A ch In a om any 7
By.
Ja na Monroe, Attorney-in-Fact
Oblig County of Contra Costa
By:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cal;fornia
County of Orange
Paris Shahabi,
On before me, Notary Public ,
Name and Title of Officer(e.g.,'Jane Doe.Notary Public")
personally appeared Janina Monroe ,
Names)of Signer(s)
Q 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,
PARIS SK*"' executed the instrument.
CommlSslon#1572409 t
Notary PubIIC _Callfornlo WITNESS a and officials aL
•�® orange county
My Comm.ExPlres APr 24,2009
Signature o Notary Public
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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑Title(s): ❑Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
®Attorney-in-Fact ❑Attorney-in-Fact
❑Trustee ❑Trustee
❑Guardian or Conservator ❑Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 9/97
POWER OF A- f`ORNEY
Know All Uen By These Presents:
• That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the'Company")does hereby appoint
Victoria M.Campbell,Thomas G. McCall and Janina Monroe of Irvine,CA(EACH)
Christine Marotta of Chicago. IL
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas Cit}►,
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
00MI-0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, tha Crm.pany has cnaused this insf=--ent tD be signed and its corporate seal to be affixed by their
authorized officers, this. 4th day of_April 2006 _
Arch Insurance Company
Attested and Certified `
mvoare 34
� sFwt
Martin J. Nilse ecretary Edward M.Tilus ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seat and delivered the said instrument as the free aAvoluntary act said corporation and as
tt.eir own free and voluntary acts for the uses and purposes therein set forth_ [ /1 A .,
PETER J.GALLED,ESO.
Notary Public,State of New York A _(A—'�!�
No.02CA6109336
Ov:01fied in New York County Pe r J. Nota ubllc
Commission Expires May 3, 2008 My commiss " expires 5-03-2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of.Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed m name and affi d thee corpora se 1 of the Arch Insurance
Company on this day of 6j, 20_
Martin J. Nils , Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena,CA 91101
gvicen�e co
c ��� 34
SM m
OOMLOO13 00 03 03 ' �Iiip°'I
Page 2 of 2 Printed in U.S.A.
STATE OF CALIFORNIA )
) SS.
COUNTY OF CONTRA COSTA )
On November 27, 2006 before me, Deborah Magallanez, Notary Public, personally
appeared, Timothy M. Cotton, personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. NOTAR�PUBLICGCA FORNIA �,
�� COMMISSION#1410494 c
w 'i�• CONTRA COSTA COUNTY
My Comm.Exp.April 11,2007
Signature IA�A44A
Deborah Magallanez, N ary ublic
Commission #1410494
My Commission Expires on April 11, 2007
Principal County of Business is Contra Costa County
Development No: 5 w 6 84-4-8
Bond: SU5019478
Premium: $24,820.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance &maintenance, AND labor and materials)
1. OBLIGATION: Lyon Vista Del Mar 533, LLC a Delaware Corporation (Principal), as
Principal, and Arch Insurance Company (Suretyl, j
a corporation organized and existing under the laws of the State of Missouri
and organized and existing under the laws of the State of California, as Surety,hereby jointly and severally j
bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay it;
Two Million Four Hundred Eighty Two I
A. Faithful Performance, & Maintenance: Thousand Dollars and 00/100.
($ 2,482,000.00 )for itself or any city-assignee under the below-cited Drainage 1
Improvement Agreement,plus
B. Labor& Materials: Two Million Four Hundred Eighty Two Thousand Dollars 00/100
($ 2,482,000.00 ) for the benefit of persons protected under Title 15 § et seq.
of the California Civil Code.
2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in Vista Del Mar Suk> 6448 , as specified in the Drainage
Improvements Agreement, and to complete said work within the time specified in the Drainage
Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder
in order to satisfy the conditions of approval forOff—site Storm. Drain — DA48 Line B & B-1.
3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County, then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors,
and persons renting equipment or fiu-nishing labor or materials to them for said work and improvement, and
protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become
null and void; otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety fi•om liability on this bond; and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable
attorney fees fixed by court to be taxed as costs and included in the judgement.
i
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand E
to and abide by, and well and truly keep and perform the covenants,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 the manner therein specified,and in all respects according to their true i
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect. j
i
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred b Count or cit assignee) in successful] enforcing such obligation, all to be taxed as.
Y Y ( Y 1� ) � Y g g f
costs and included in any judgement rendered. !
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement 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)of Part 4 of Division 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 this 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 of said 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 itself bound without
regard to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on June 1st 2006
Lyon Vista Del Mar 533, LLC
P,P-JNCIPAL a Delaware Cor oration SU TeNAVcans,)�a`nompany
By Dou E•1kell bar B
ane, ttorney-in-Fact
Atess a s. e��` a� Addresss Robles Ave. , #825
CA
:mw
G:\GMData\En Svc\Por=1BN WORMBN-10.doc
,
CALI00I1NIA ALL-PURPOSACKNOWLEDGMENT
State of Cal i fornia
County of Orange
On n , �n� before me, Paris Shahabi, Notary Public ,
—�t7Tv�1 cv Name and Title of Officere.
( g.,'Jane Doe.Notary Public
personally appeared Janina Monroe
Names)of Signer(s)
Q 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),
PARIS%tA+ BI or the entity upon behalf of which the person(s) acted,
COMM&lan 11872409 executed the instrument.
Notary PUNIC -Coutornlo
of°"ge CM* WITNESS my hand and offi ' I al.
My Cornet.Exptres Apr 24,2009
Signature of Notary Public
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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑Title(s): ❑Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
®Attorney-in-Fact ❑Attorney-in-Fact
❑Trustee ❑Trustee
❑Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 9197
. , 1
• POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Victoria M. Campbell,Thomas G. McCall and Janina Monroe of Irvine,CA(EACH)
Christine Marotta of Chicago, IL
its true and lawful Attorney(s)-in-Fact to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City,,Najssoi
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, Lha Com-piny thcau-s-ed this instr.-meat to;a signed and its corporate seal to be affixed by their
authorized officers, this. 4th day of_April 2006
Arch Insurance Company
Attested and Certified
.once
a�
mtKMrE 34
u :Eu m
Martin J. Nilse � ecretary Edward M.T-lus ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Callen, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free Tdvoluntary act said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J.CALLED,ESQ.
Notary Public,State of New York
No.02CA6109336
Qs ilified In New York County Pe r J. i Nota Ublic
COMMIsslon Expires May 3, 2006 My commiss expires 5-03-2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY%NHEpEOF, I have hereuntc subscribed My name and affixed.the corpora se I of the Arch Insurance
Company on this day of_ , 20.__.JUN 0 1 ZOOS—
Martin J. Nils , Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave.,Ste. 825
Pasadena,CA 91101
c CDrtMrArE1971
34
SFA`
OOMLOO13 00 03 03 rissoorl
Page 2 of 2 Printed in U.S.A.
STATE OF CALIFORNIA )
) SS.
COUNTY OF CONTRA COSTA )
On June 1, 2006 before me, Deborah Magallanez, Notary Public, personally
appeared, Doug Eikenbary, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. DEBORAH MAGArD
NOTARY PUBLIC-C
CONTRA
COMMISSION
A CO
My Comm.Ems.Apr11
Signature
Deborah Magallan ' No Public
Commission #1410494
My Commission Expires on April 11, 2007
Principal County of Business is Contra Costa County
CERTIFICATE OF SECRETARY
I, W. Douglass Harris, do hereby certify that I am the duly elected, qualified and acting
Vice President-Corporate Controller and Corporate Secretary of WILLIAM LYON HOMES,
INC., a California corporation (the"Company").
I further certify that the Board of Directors, by unanimous written consent on February 28,
2006, duly adopted the following resolutions which have not been amended or rescinded:
1. ELECTION OF CORPORATE OFFICERS:
WHEREAS, the Board of Directors wishes to elect the following officers of the Company;
NOW, THEREFORE, BE IT RESOLVED, that the following officers be and they hereby
are elected to the offices set forth opposite their respective names for the ensuing year and
until the election, qualification and acceptance of office by their successors:
Officers: Titles:
William Lyon Chairman & Chief Executive Officer
Wade H. Cable President & Chief Operating Officer
Douglas F. Bauer Executive Vice President
Michael D. Grubbs Sr. Vice President, Chief Financial Officer,Treas.& Asst.Secy.
Richard S. Robinson Sr. Vice President - Finance
W. Douglass Harris Vice President- Corporate Controller& Corporate Secretary
Cynthia E. Hardgrave Vice President -Tax & Internal Audit&Asst. Secretary
C. Dean Stewart Vice President- Operations
William H. Lyon Vice President & Chief Administrative Officer
Dorothy M. Albertson Asst. Secretary
Justine Black Asst. Secretary
Kathryn A. Sampson Asst. Secretary
Brenda G. Roberge Asst. Secretary
Brian J. Aitken Asst. Treasurer, Director of Financial Operations
Colin T. Severn Asst. Treasurer, Financial Controller
"DBA: LYON SOUTHERN CALIFORNIA COASTAL REGION"
Officers: Titles: Division Titles:
Thomas J. Mitchell Sr. Vice President So. Calif. Coastal Region President
Rene C. Millar Asst. Treasurer Controller
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page-2-
"DBA: LYON SOUTHERN CALIFORNIA COASTAL REGION" (contd.)
Officers: Titles: Division Titles:
"DBA: LYON ORANGE COUNTY DIVISION"
Thomas J. Mitchell Sr. Vice President So. Calif. Coastal Region President
Thomas G. Grable Vice President Vice President-Division Manager
Dan C. George Vice President Vice President - Construction
Patrick D. McCabe Asst. Secretary Project Manager
Matthew R. Zaist Asst. Secretary Project Manager
Rene C. Millar Asst. Treasurer Controller
Christina E. Estrada Designated Signer for Escrow Amendments
Lesley A..Pennington Designated Signer for Purchase Agreements and Escrow
Amendments
Lynne A. Preheim Designated Signer for Escrow Amendments
Tara K. Morenc Designated Signer for Contracts and Purchase Orders
Christine E. Loomans Designated Signer for Contracts and Purchase Orders
Eugene J. Strojek Designated Signer for Contracts and Purchase Orders
"DBA: LYON LOS ANGELESNENTURA DIVISION"
Thomas J. Mitchell Sr. Vice President So. Calif. Coastal Region President
J. Desmond Bunting Vice President Vice President-Division Manager
Mark Moore Asst. Secretary General Superintendent
Jim Worden Asst. Secretary Project Manager
Rene C. Millar Asst. Treasurer Controller
Maureen Van Nattan Designated Signer for Contracts and Purchase Orders,
Invoices; Check Requests
. . . ... .. . ..
"DBA: LYON URBAN INFILL DIVISION"
Thomas J. Mitchell Sr. Vice President So. Calif. Coastal Region President
Carl S. Morabito Vice President Vice President-Division Manager
Gary S. Wangler Vice President Vice President - Construction
Mark A. Thomas Asst. Secretary Project Manager
Rene C. Millar Asst. Treasurer Controller
Christine E. Loomans Designated Signer for Contracts and Purchase Orders
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page -3-
"DBA: LYON SAN DIEGO DIVISION"
Thomas J. Mitchell Sr. Vice President So. Calif. Coastal Region President
Brian W. Doyle Vice President Vice President-Division Manager
Gary Haddy Vice President Vice President - Construction
Sean R. Dyer Vice President Vice President- Land Acquisition
Kathleen R. Courtney Asst. Secretary Director of Sales and Marketing
Erick W. VanWechel Asst. Secretary Sr. Project Manager
William J. Massery Asst. Secretary Purchasing Manager
Tye Moody Asst. Secretary Purchasing Manager
John B. Vance Asst. Secretary Sr. Project Manager
Rene C. Millar Asst. Treasurer Controller
Pam King Designated Signer for Checks not to exceed$10,000.00
"DBA: LYON NORTHERN CALIFORNIA REGION"
Officers: Titles: Division Titles:
Douglas F. Bauer Executive
Vice President No. Calif. Region President
"DBA: LYON BAY AREA/CENTRAL VALLEY DIVISION"
Douglas F. Bauer Executive
Vice President No. Calif. Region President
Gregory N. Mix Vice President Vice President- Division Manager
Mark T. Sherman Vice President Vice President - Division Operations
Jeffrey D. Frankel Asst. Secretary Project Manager
Michael A. McMillen Asst. Secretary Project Manager
Carrie L. Newbery Vice President Vice President Sales and Marketing
Michael L. Squier Asst. Secretary Director of Operations
Kevin Ebrahimi Asst. Secretary Project Manager
Stephen-M. Le Vine Asst. Secretary Director of Land Acquisition
Brian R. Evans Asst. Treasurer Division Controller
Mark J. Berch Designated Signer for Subcontractor Agreements
Maxine T. Hensel Designated Signer for Escrow Amendments .
Kurt R. Nunnenkamp Designated Signer for Subcontractor Agreements
Nancy King Designated Signer for Subcontract Agreements
"DBA: LYON SACRAMENTO DIVISION"
Douglas F. Bauer Executive
Vice President No. Calif. Region President
Gary L. Galindo Vice President Vice President- Division Manager
Robert F. Knobel Vice President YLce President -Division Operations
imothy M. Cotton Asst. Secretary Project Manager
James R. Immer Asst. ecretary Project ana
Paul C. Randi Asst. Treasurer Division Controller
Matthew G. Silva Designated Signer for Subcontractor Agreements, Purchase
Orders and Title 24 Docs
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page -4-
"DBA: LYON INLAND EMPIRE REGION"
Officers: Titles: Division Titles:
Larry 1. Smith Sr. Vice President Inland Empire Region President
Robert D. Montgomery Vice President Vice President-Construction
Karick Brown Vice President Vice President-Project Manager
Erik G. Frechette Asst. Secretary Project Manager
Kelly Rae Asst. Secretary Director of Sales &Marketing
Rick Rush Asst. Secretary Assistant Project Manager
Daniel J. Long Asst. Secretary Assistant Project Manager
Eric R. Beck Asst: Treasurer Controller
Phil Menard Designated Signer for Consultants/Subcontract Agreements,
Bonds, Construction,Planning &Development, Utilities
"DBA: LYON ARIZONA REGION"
W. Thomas Hickcox Sr. Vice President Arizona Region President
Bryan J. Cazier Vice President Vice President- Purchasing
Julie E. Collins Vice President Sr. Vice President- Operations
Robert K. Lee Vice President Vice President- Construction
Robert B. Ryan Vice President Vice President- Land Acquisition
Charles Caldwell Asst. Secretary Director of Land Entitlements
Matt Arneson Asst. Secretary Director of Land Development
Barb Yunginger Asst. Secretary&
Designated Broker Assistant Secretary
Maureen W. Maxwell Asst. Secretary Assistant Secretary
Vicki Vander Veen Asst. Treasurer Controller
Jane E. Cochrane Asst. Treasurer Assistant Controller
Linda Victor Designated Signer for Construction Contracts
Karen B. Beacom ) Designated Signers for Addendums to: Homebuyer's Purchase
Jeanette Lakavage ) Contracts, Warranty Deeds,Affidavits of Property Value; and
Christina Chavira ) Miscellaneous Mortgage Documents
Sandra Demar ) "
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page -5-
"DBA: LYON NEVADA REGION"
Officers: Titles: Division Titles:
Mary J. Connelly Sr. Vice President Nevada Region President
Terry A. Connelly Vice President Sr. Vice President- Operations
Linda Kemper-Eknayan Vice President Vice President- Sales & Marketing
Byron Nezat Asst. Secretary Director of Construction
Michael T. Cosgrove Asst. Secretary Project Manager
Dare.en Greer Asst. Secretary Project Manager
Scott D. Prokopchuk Asst. Secretary Manager- Land Development
Gregory B. Moynahan Asst. Secretary Project Manager
Kim Chitwood Asst. Secretary Assistant Secretary
Kathleen Martin-Jensen Asst. Treasurer Director of Financial Operations
Edee Gremore Designated Signer for Contracts and Purchase Orders
WHEREAS, it is deemed to be in the best interests of the Company to revise/restate the
approval of authority for certain business transactions:
NOW, THEREFORE, BE 1T RESOLVED that the Officers of the Company be and they
hereby are authorized to negotiate and execute any and all contractual agreements on
behalf of the Company, according to the following stipulations.
RESOLVED FURTHER, with two signatures being required, that the Chief Executive
Officer and/or President and/or Executive-Vice President and/or Senior Vice President-
Chief Financial Officer and/or Senior Vice President-Finance and/or Vice President-
Corporate Controller and/or Vice President-Chief Administrative Officer acting together,
be and they hereby are authorized.from time to time, in the name of the Company:
A. To obtain credit with/without security, from any state or national bank or
trust company, any mortgage banking firm, any state or national savings and loan
association, any real estate investment trust, any other state or national lending
institution, or any investor with which the Company is doing business or will do business
in the future, as needed for the development of the current and proposed projects of the
Company, provided that proposed credit in excess of$15 million must be approved in
advance by the Board of Directors of William Lyon Homes, a Delaware corporation.
B. To execute loan documents, partnership agreements, operating
agreements, documents for formation of limited liability companies, and any other
documents necessary for the formation or consummation of financing, as required
pursuant to the preceding paragraph "A."
Certificate of Secretary
William Lyon Homes, Inc.,a California corporation
Page -6-
C. To establish such bank accounts or brokerage accounts as are needed by the
Company, upon such terms as may be agreed with the banks.
RESOLVED FURTHER, that the following Officers and/or "designated employee(s)"
authorized to withdraw funds from any of the Company's bank accounts, except payroll
accounts, by checks, drafts or other items for and on behalf of the Company:
A. Amounts less than Fifty Thousand Dollars ($50,000.00) require one signature
of any Officer(s) and/or "designated employee(s)" as designated from time to time by the
Chief Executive Officer or President;
B. Amounts of Fifty Thousand Dollars ($50,000.00) or greater up to Fifteen
Million ($15,000,000.00) require two signatures of any Officer(s) and/or "designated
employee(s)" as designated from time to time by the Chief Executive Officer or President;
C. Amounts of$15,000,000.01 or more require prior approval by the Board of
Directors of William Lyon Homes, a Delaware corporation and two signatures of any
Officer(s) and/or "designated employee(s)" as designated from time to time by the Chief
Executive Officer or President;
RESOLVED .FURTHER, with two signatures being required, that any two of the following
Officers: the Chief Executive Officer and/or President and/or Executive Vice President
and/or Senior Vice President-Chief Financial Officer and/or Senior Vice President-Finance
and/or Vice President-Corporate Controller and/or Vice President-Chief Administrative
Officer, OR any one of them acting together with any one other Officer of the Company, be
and they hereby are authorized to execute Requests for Loan Advances;
RESOLVED FURTHER, with two signatures always being required, that any two Officers
and/or "designated employee(s)" as designated from time to time by the Chief Executive
Officer or President, be and they hereby are authorized to withdraw funds from any of the
Company's payroll accounts by checks, drafts or other items for and on behalf of the
Company;
RESOLVED FURTHER, that for bank accounts for partnerships and limited liability
companies, signatures shall be required as set forth in the operating documents; provided,
however, with at least one signature being required for amounts less than Fifty Thousand
Dollars ($50,000.00) and with two signatures being required for amounts of Fifty Thousand
Dollars ($50,000.00) or greater, being either a) any two Officers and/or "designated
employee(s)" as designated from time to time by the Chief Executive Officer or President,
or b) any one Officer and/or "designated employee(s)" of the Company as designated from
time to time by the Chief Executive Officer or President, and one signature from the
partner(s) of partnerships or the other member(s) of the limited liability company, be and
they hereby are authorized to withdraw funds from the Company's accounts by checks,
drafts or other items for and on behalf of the Company;
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page -7-
RESOLVED FURTHER, that the following Officers may authorize and approve bank wire
transfers as follows:
'A. Amounts less than Fifty Thousand Dollars ($50,000.00) to be transferred
outside the Company require authorization/approval by any one of the following Officers:
the Chief Executive Officer, President, Executive Vice President, Senior Vice President-
Chief Financial Officer, Senior Vice President-Finance, Vice President-Corporate Controller
or Vice President-Chief Administrative Officer.
B. Amounts of Fifty Thousand Dollars ($50,000.00) or greater up to
$15,000,000.00 to be transferred outside the Company require authorization/approval by
any two of the following Officers: the Chief Executive Officer, President, Executive Vice
President, Senior Vice President-Chief Financial Officer, Senior Vice President-Finance;
Vice President-Corporate Controller or Vice President-Chief Administrative Officer.
C. Amounts of$15,000,000.01 or more to be transferred outside the Company
require prior Board approval and authorization/approval by the following Officers: (1) any
one of the Chief Executive Officer and/or President and/or Senior Vice President-Chief
Financial Officer together with (2) any one of the officers named in (1) above OR any one
of the Executive Vice President, Senior Vice President-Finance, Vice President-Corporate
Controller or Vice President-Chief Administrative Officer.
D. Amounts to be transferred to intercompany accounts require the
authorization/approval of any one of the following officers: the Chief Executive Officer,
President, Executive Vice President, Senior Vice President-Chief Financial Officer, Senior
Vice President-Finance, Vice President-Corporate Controller or Vice President-Chief
Administrative Officer.
RESOLVED FURTHER, subject to prior review and approval by the Chief Executive
Officer, President, Senior Vice President-Chief Financial Officer, Senior Vice President-
Finance and/or appropriate law firm and with two signatures being required, that the Chief
Executive Officer and/or President and/or any Senior Vice President and/or Senior Vice
President-Division President acting together; OR any one of them acting together with any
one other Officer of the Company, be and they hereby are authorized:
A. To execute contracts, escrow instructions, grant deeds and other pertinent
documents relative to the bulk sale of real property for the Company.
B. Pursuant to approval from the Board of Directors of William Lyon Homes, a
Delaware corporation:
To consummate purchases of raw land and/or projects for the Company, with the
understanding that prior Board approval is not required in order to execute offers to
purchase raw land and/or projects for the Company, or to spend in pre-purchase
negotiations an amount not to exceed $3,000,000.
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page -8-
C. To execute agreements for Mello Roos financing, as needed for projects of
the Company.
RESOLVED FURTHER, that any one of the following Officers: the Chief Executive
Officer, President, Executive Vice President, Senior Vice President-Chief Financial Officer,
Senior Vice President-Finance, Vice President-Corporate Controller or Vice President-Chief
Administrative Officer, be and he hereby is authorized to execute U.C.C. Financing
Statements on behalf of the Company;
RESOLVED FURTHER, with one signature being required, that any Officer of the
Company or "designated employee(s)" as designated from time to time by the Chief
Executive Officer or President, be and they hereby are authorized to execute such
documents necessary and incidental to the sale of residential units manufactured by the
Company, which documents shall include but shall not be limited to: security agreements,
trust deeds, grant deeds and escrow instructions;
RESOLVED FURTHER, with one signature being required, that any Officer of the
Company or "designated employee(s)" as designated from time to time by the Chief
Executive Officer or President, be and they hereby are authorized:
A. To execute and file any and all tentative and final tract maps, and any
applications and Subdivision Questionnaires for the State Division of Real Estate, as needed
for projects of the Company.
B. To execute contracts with. consultants for professional services and
reimbursement agreements pertinent to the development of projects of the Company.
C. To negotiate and execute labor and/or material contracts with subcontractors
pertinent to construction of projects of the Company.
D. To execute any and all subdivision improvement and tax bonds as may be
required by various governmental agencies pertinent to the projects of the Company.
E. To execute any and all documents pertinent to the construction projects of the
Company, including notices of completion, all house warranty forms required by
government regulatory agencies, and other miscellaneous required certification.
F. To execute contractual agreements on behalf of the Company for subdivision
improvement and development, including but not limited to . Road Improvement
Agreements, Water Main Extension Agreements, Underline Extension Agreements, and
Utility Easements.
G. To enter into agreements with agencies for gas,power,telephone, water or
any other required utility.
Certificate of Secretary
William Lyon Homes, Inc., a California corporation
Page-9-
H. To negotiate and execute on behalf of the Company contractual agreements
not specifically designated in these paragraphs,provided they have the prior approval of the
Chief Executive Officer or the President of the Company.
RESOLVED FURTHER, that all actions heretofore taken by each of the above-named
officers with respect to the foregoing matters be, and they hereby are, affirmed and
approved.
WITNESS my hand and the seal of the Corporation this the day of , 2006.
W. Douglas arris
Vice Presid t-Corporate Controller&
Corporate Secretary
cert\officers&resolutions wIhiCA rev. 11/06/06