HomeMy WebLinkAboutMINUTES - 11142006 - C.19 G
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR ..........
Costa
DATE: November 14, 2006 Y`" -'
coup ''�w~ County
erA-
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 05-01197
(cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land
Company, LLC, San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ = for Road Acceptance 05-01197 (cross-reference Subdivision 03-08508),
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):
The Right-of-Way Landscaping Improvements on Road Acceptance 05-01197 (cross-reference Subdivision 03-
08508) 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:
_.,RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
,APPROVE OTHER
r
SIGNATURES :
ACTION OF BO ON APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
VOT OF SUPERVISORS copy of an action taken and entered on the
UNANIMOUS(ABSENT /vim ) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
BB:vz
G:\EngSvc\BO\2006\11-14\BO-16 RA 05-1197.doc �
Originator: Public Works(ES) ATTESTEDA/e,/c r»,6.*,2,-/7", -2 90C
Contact: T.Ric(313-2363)
cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Community Development
T—April 14,2006(PI) Supervisors and County Administrator
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin
Fidelity and Deposit Company of Maryland ByZ?4 , Deputy
801 N.Brand Blvd,Penthouse Suite
Glendale,CA 91203
Attn:Jeri Apodaca
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 14, 2006 by the following vote:
AYES: SUPERVISORS UILKENIA,
P1kPHO, GLOVER, AND GIOIA
NOES: NONE
ABSENT; SUPERVISOR DESAULNIER
RESOLUTION NO. 2006/
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 05-01197 (cross-reference Subdivision 03-08508), for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
These improvements are approximately located near Albion and Ivy Hill Way.
The following document was presented for Board approval this date for the Right-of-Way
Landscaping improvement on Road Acceptance 05-01197 (cross-reference Subdivision 03-
08508), 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 two years 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. Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 471590 October 5, 2006
BB:vZ I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2006\11-14\BO-16 RA 05-1197.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: T.Ric(313-2363) Supervisors on the date shown.
cc: Public Works- Construction
Current Planning,Community Development
T—April 14,2006(P1) ATTESTED: 1d1i_e",G
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd,Penthouse Suite
Glendale,CA 91203
Attn:Jeri Apodaca By - ,Deputy
RESOLUTION NO.2006/ ���i
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 05-011,97 (cross-reference Subdivision`03-08508), for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
DATE: November 14, 2006
PAGE: 2
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08862523 September 27, 2006
Performance Amount: $3"f,006.00
Labor&Materials Amount: $16,000.00
Principal: Windemere BL-C Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOL UTION NO. 20061 7--e,6
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: RA 05-01197(x-ref SUB 8508) Effective Date:
Subdivider: Windemere BLC Land Company LLC Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC
A California limited liability company
CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS WINDEMERE,LLC, a Delaware
limited liability company,its Managing Member
�Nlaurice M. Shiu, Public Works Director 'By:LENNAR HOMES OF CALIFORNIA,INC.,
California corporation, its Managing Member
By: (signature)
(print name&title)Brian G.Olin,Vice-President
RECOMMENDED FO APPROVAL:
(signature)
By.
Engineering Services Divisi tj
(print name&title)Erik S.Brown,Asst. Secretary
FORM APPROVED: Victor J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider Is 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,California,hereinafter called"Coun ,"and the
above-mentioned Subdivider,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 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).
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(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. 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: $_ 1.000.00 cash,plus additional security,in the amount of
$ 31.000.00 which together total one hundred percent(100%)of the estimated cost of the work.
Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 16.000.00 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
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as..complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance w;th§94-4.406 and§94-4.408 of the Ordinance Code.
.. t
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California l
)} ss.
County of
On �O` before me, �G �i ,Notary Public,
personally appeared� l;t, t�• �G�N Gfd Z"/Ky • iJ rO1�/�-'
COersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(s)-Ware
subscribed to the within instrument and
acknowledged to me that hefslie4hey
executed the same in hisfher/their authorized
capacity(ies),and that by 4i&E /their
signature(s)on the instrument the person(s),
RUTH ELLEN BISHOP or the entity upon behalf of which the
Commiaalon# 1670561 person(s)acted,executed the instrument.
1WNotary Public-California
Contra Costa County WITNEISS my hand and official seal.
IMYCorm.Expires May 26.20
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
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): Top or thumb here
❑ Partner- Limited General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
COUNTY OF CONTRA'COSTA "'�•
DEPOSIT PERMIT . .
"OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA l
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER .:650
.. y
(For Cash Collection Procedures See County Administrator's B61166:105)
DESCRIPTION, FUND/OR . SUB- '.TASK. 'OPTION ACTIVITY AMOUNT
ACCT
$
Sales Tax, 100300 0637 50.17'
Sale of Plans &'Specs. 004500 9931 REV 6A0196; 175:55:
Sale of Prints 004530 6'G0085 13125
6AO026:- 301;90,
Premium Billing - 600651 1105 6LO85C.. 1,456.'00`
Sub'8709 Monument Fee 9660 6L0.81D 2316040,
Base Map'Fee 004528, 9931 61<0330 :525.1
Notary Fee 004500 9975 .20.0-0 .,
SD05=08927 Agmt ExY 0006519660 REV 6L076B 250.00
SD05-08928 Agmt Ext 250:00
Shut In Royalty 007589 9975 179:90
Reimb Credit'M.Valdez' 004544 2270 SAS 944SAS 70:38.
MS 01-00016 BA 1`45 003520 9660 REV 5B0034 57:63
SD05-08995 BA30046 15B0033 1,802.21:
000651 :6L0033' 729.21
MS 05-00024 BA 30045 0035205B0034 4,96.16
TOTAL t_1
Acctng: G1203560-G1203589 DEPOSIT 82,962.24
Deposit consists of•the'following Items.
Eng SVCS: G1203613-G1203634 VOIDS: G1203619&1203612 COIN and CURRENCY $ 170:30.
Records: G1201923-G1201939 CHECKS,M.o.,ETC. $ 1`82,791:94 .
Invoices:912366,912374,912372,912382,912392,912393,912395,912397, 'BANK DEPOSITS -$ ,
FOR AUDITOR-CONTROLLER USE ONLY
912400,912406,912408,912268,BA'S 145,30046,30045,14327,30612,30486, DEPOSIT
PERMIT DP
29220,31697;17484,32950,30783,,22024, NUMBER
DATE 47MO,:Of T 5 TR
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.-
deposit Into the County Treasury .
� f�
/j' .rt Lb
♦ � r
� � C rrl�
_f Pg n.4d Signed: :..
Title: EXT. - 'Deputy County Audilorl Deputy County Treasurer '
D-34 ev: -93) `''
COUNTYF
OCONTRA.COSTA.
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
(r:
MARTINEZ,CALIFORNIA t
TO THE TREASURER:
RECEIVED-FROM
Public WOrkS ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrators Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT, '
ACCT
DP00=03043 BA 14327' 000651 9660 REV 6LO80A 121:90
LP05=02061 BA-513049X 003520 15B049X 207.95. ..
DP05-03058 BA 30486 5BO39C: 2,612:41
DP05-03010 BA 29220 31827:52,`
VR06-01001 13A.31697 5BO44X 289.29
EF02-00602 BA 17484 000651 1608313 ' 31.6 14.
TP06-00029 BA 32950, 003520F 1513051X.
VR05-01093 BA 5BO44X . 1513044X780:70
MS02-00016 BA 22024 : 000651 6L0069 70.32
INV 912268 Oakley 004580 9595 1,6x9T01 , 1 A 19.76
6X9T80 661.87
6X9T81 34.28
6X9T84 .. 772:08''
6X9T94 ` 18,346:40
6X9T72. 1,777.50
6X9T76 9.66
EXPLANATION: TOTAL
DEPOSIT
C.C.: Deposit consists of the following items
. COIN and CURRENQY $
CHECKS,M.O.,ETC. $
+..: BANK DEPOSITS $
FOR AUDITOR.-CONTROLLER USE ONLYDEPOS -
PERMIT IT DP .:4"7,.�,��
NUMBER
DATE' ' V 'I
ASSIGNED. .
The amount of money delcribed above is for , Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit Into th Coy ty reasury ".
f ((�= / {
• Sig
C ?t
( � j /# Signed: Signed
:
7Title:
{,\j V EXT. - DepWy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF:CONTRA COSTA
DEPOSIT PERMIT t.
OFFICE OF COUNTY:AUDITOR-CONTROLLER
4
MARTINEZ, CALIFORNIA
TO THE TREASURER.
RECEIVED FROM
Public Works ORGANIZATION NUMBER 65Q1.
(For Cash Collection Procedures See County Administrators Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT.
Trust Fund 000649' 9665 76;627850
819800 0800 9,099:00
, 9752 . 6,888:00;
000682
9375 6,072.00:;
9.371 .9;586:00
9531 357053:00.
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
C61N,and CURRENCY $
;.CHECKS,WO.,ETC, $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE-ONLY
DEPOSIT
PERMIT DP �..I�'
NUMBER p
DATE
.. ASSIGNED
The amount of money described above is.for Treasurer's receipt of above amount is approved. Receipt of above amount.is hereby acknowledged.
deposit into the County Treasury
r �
4._4 €
Signed: Signed:
Deputy County Aufflor I Deputy County Treasurer
D-34 Rev.(7-93)
819800-0800: 61203620, $1,500.00, RA 1223, Cash Performance Bond,
Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1203627, $1,000.00, RA 05-01185, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger_ Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61203629, $1,000.00, RA 05-01197, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
945.83
0682-9752 /139200: G1203623,$6,888.00, MS 05-0034, Road Imp Fee
Trust, Estacia be Maria, LLC, 5700 Alhambra Valley Rd., Mtz, CA 94553
0682-9375: 61203561, $6,072.00, ST DR 1628, State Storm Damage,
State of California, Office of Emergency Services, 3650 Schriever Ave.,
Mather, CA 94655-4203
0682-9371: 61203562, $9,586.00, ST DR 1628, State Storm Damage
Roads, State of California, Office of Emergency Services, 3650 Schriever
Ave., Mather, CA 94655-4203
0682-9531: G1203563, $35,053.00, FEMA 1628-FED DR, Federal Aid
Disaster Roads, State of California, Office of Emergency Services, 3650
Schriever Ave., Mather, CA 94655-4203
0649-9665 / 112300: G1203613, $1,400.00, ED 0600405, Cash Deposit,
Port Costa Consercation Society, PO Box 36, Port Costa, CA 94569
0649-9665 / 112300: G1203614, $28,695.00, Sub 8709, Inspection Fee,
Rock Island Homes, Inc., 18001 Cowan , Suite C, Irvine, CA 92614
0649-9665 / 112300: 61203618, $24,532.00, PA 0032, Landscape Plan
Check Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd.,
Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1203621, $ 10,300.00, RA 1223, Road Accept Insp.,
Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1203628, $6,400.00, RA 05-01185, ROWL
Landscape Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1203630, $3,100.00, RA 05-01197, ROWL
Landscape Insp, Windemere BLC Land Company, LLC, 6121 Ballinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1203633, $1,100.00, LAFCO 06-16, Map & Legal
Descrition Review, City of Pittsburg, 65 Civic Ave., Pittsburg, CA 94565-
3814
0649-9665 / 112300: G1203634, $1,100.00, LAFCO 06-15, Map & Legal
Descrition Review, Bay Point Venture One, LLC, 10700 Bigge Ave., San
Leandro, CA 94577
819800-0800: 61203615, $5,599:00, Sub 8709, Cash Bond, Rock Island
Homes, Inc., 18001 Cowan , Suite C, Irvine, CA 92614
=EXECUTED IN DUPLICATE
Subdivision: RA 05-011 (x-ref St,138508)
Bond No.: 08862523
Premium $310.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Goverm-nent Code Sections 66462 and 66463)
I., RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in RA 05�44197
(x-refSUB 8569) as specified in the Subdivision Agreement(Right of Way Landscaping),and to/-Cbmplete
said work within I thin the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map�for said Subdivision.
2. OBLIGATION: Windernere BLC/Land Company, LLC as
Principal, and Fidelity and Deposit Company of Maryland a corporation
organized existing u'rider the laws of the State of Maryland and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Giarantee: Thirty One Thousand and 00/100
Dollars ($ 31,00,0.00 for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: SixteenThousand,a/dd 00/100
Dollars ($ 16,000.00 /L - to secure the claims to which reference is made in Title XV
i /
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
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 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
performn ed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
—riull and void; otherwise it shall be and remain in full force and effect.
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 by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered,
B. The condition of this obligation as to Section 2.(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 September 27, 2006
PRINCIPAL: -Windemere BtC'Land Company, LLC SURETY: Fidelity- and Deposit Company --Maryland
Address: 6121 Bollinger Canyon Rd Ste. #500 Address: 801 N. Brand Blvd. , Penthouse Suite
City: San Ramon Zip: 94583..-.. City-, Glendale le Zip: 91203
By: See Attached Signature Block By:
(—J
Print Narne: Print Name: Jeri Apodaca
Title: Title: Attorney in Fact
311W
\\PWSI\SHAIZDA'I'A\GrpData\EngSvc\Fomis\BN WORMBN-12A.doc
kivi`hfie.'V7.-:Y190
Bond No. 08862523
RA 05-01197(x-ref SUB 8508)Albion Road ROW Landscape Agreement
WINDEMERE BLC LAND COMPANY,LLC,a California
limited liability company
By: LEN-OBS WINDEMERE,LLC., a Delaware limited
liability company, its Managing Member
By: LENNAR HOMES OF CALIFORNIA, INC., a California
corporation, its Managing Member
By: .G��
Brian G. Olin,Vice-President
By:
Erik S. Brown,Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California
County1
of Conte `off J} ss.
On (�(/j�1U �-(J, ° before me, " i6leA- �'/ ,Notary Public,
personally appeared ltl�iN 6 .
personally known to me
❑ 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%}te/they
executed the same in hisflrcr/their authorized
capacity(ies),and that by homer/their
signature(s)on the instrument the person(s),
RUIN EVEN BISHOP or the entity upon behalf of which the
1& CommWon#t 1670361 person(s)acted,executed the instrument.
Notary Mde-Callomio
Contra Coate County WITNESS my hand and official seal.
1MVCorrvn.Expk9sMoy26,201
PN"PIRFNR - A� —
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
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): Top ofthumb here
❑ Partner- Limited General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
ACKNOWLEDGEMENT
State of California
County of Orange
On September 27 2006 before me, J. Barragan,Notary Public
(here insert name and title of the officer)
personally appeared Jeri Apodaca
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 acknowledge 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.
J. BARRAGAN
WITNESS my hand and official seal. Comn,lssion# 1635125
@,My
Notary Public-Calltomia
Orange CounSignature Comm.Expires Jan 5,20 14
(Seal)
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/GE 1/06
FRP
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in
pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s 'nate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful age n - - ac ke,execute,seal and
deliver,for,and on its behalf as surety,and as its act and deed- s ,and the execution of
such bonds or undertakings in pursuance of these pf Q in pany,as fully and amply,to all
intents and purposes,as if they had been ac sb gularly elected officers of the Company at
its office in Baltimore,Md.,in tp rs �} e attorney revokes that issued on behalf of Jeri
APODACA,dated 7\3
The said Assistant o hat the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- any,and is now in force.
IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�o oevosf .
- p r
u o
me ?
By:
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Marylandi ss:
City of Baltimore f
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
L•fNp�
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025J