HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-565 A
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 17, 2002,by the following vote:
AYES: Supervisors Gerber, tlilkema, DeSaule iier, Glover, and Gioia
NOES: None /l
.ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 565
SUBJECT: Approval of Road Improvement Agreement for East Branch Trail,RA 1133 (cross-
reference Subdivision 7976)being developed by Windemere BLC Land Company,
LLC, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for East Branch Trail, road
acceptance file RA 1133 (cross-reference Subdivision 7976) property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land Company, LLC,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement,within one year from the date of said agreement.Improvements generally consist of trail
improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
W_cW taken and entered on the minutes of the Board of Supervisors on
G:1CirpData\rxgsvc1B01200219-17-021RA 1133 BO-15.doe the date shown.
Originator. Public Warks(Es)
Contact: Warnn Lai(313-2408) ATTESTED. SEPTEMBER 17, 2002
cell Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County
Current Ptarmm&Commouity Development
T—June 2003 Administrator
Windemere BLC Land Company,LLC
3130 Crow Canyon PL,#310
San Raton,CA 94583
Atte:Brian Olin
Sur Paul Fire and Maxine Insurance Company By Deputy
333 City Blvd.West,#1100
Orange,CA 92868
Attn:Patricia H.Brebner
RESOLUTION NO.2002/ 565
SUBJECT: Approval of Road Improvement Agreement for East Branch Trail,RA 1133
(cross-reference Subdivision 7976)being developed by Windemere BLC Land
Company,LLC, San Ramon(Dougherty Valley) area. (District III)
DATE: September 17, 2002
PACE: 2
I. Cash Bond
Performance Amount: $2,170.00
Auditor's Deposit Permit No. DP391754 .Date: August 21,2002
Submitted by: Windemere BLC Land Company,LLC
Taxpayer identification number: 94-329-15-16
11. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST2224,August 14, 2002
Performance Amount: $214,830.00
Labor&Materials Amount: $108,500.00
Principal: Windemere BLC Land Company,LLC
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/565
ROAD IMPROVEMENT AGREEMENT
Developer: Windemere BLC Land Company,LLC Effective Date:
Deve.+bpment: RA 1133(cross-reference Subdivision 7976) Completion Period: 1 year
Raaf:; East Branch Trail WINDEMERE BLC LAND COMPANY LLC,
A California limited liability Company
THEtaE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-Cels iced liability
LLC,
A Delaware limited liability company
DI VEL{3PER Managing Member
CtJN't"RA COSTA COUNTY .. BY:Lennar Homes of California,Inc.,
Maur.ce M Shiu,Public Works Director Managing Member
By: i w i (signature)
(print name&Title) Don Larso ,Vice President
RECt'MMENDED FOR APPROVAL
By: _ (signature)
Engine g ScrTices DivisNn (print name&T e) L oehim,A ecretary
FORK APPROVED: Victor i.WUan,County Counsel
(NOTE: All signatures to be acknowledged.if Subdivider is incorporated,signatures must
confomt with the designated representative groups pursuant to Corporations Code 3313.)
I. PARTIES &DATE_.Effective on the above date, the County of Contra Costa,California,hereinafter called "County,"and the above-mentioned
Develc.W,mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer 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 fdds development as reviewed and
on file Oth 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
work=inlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings4nWe 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,pursuant to the County Ordinance Cbbe,provide as security to the
County;
A. For Performance and Guarantee:52,170 cash,plus additional security,in the amount o3214,830,which together total one hundred percent
(100e1a)ofthe estimated cost of the work. Such additional security is presented in the form of-
Cash,
fCash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement andnaintenance of the work for one year after its cothpletion and
acceptaste against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount ofS108,500, which is fifty percent(50%)of the estimatc&ost of the work. Such security is presented
in the furl of
Cash,certified check,or cashier's check
X Acceptable 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
securitiel maybe reduced in accordance with 5944.406 and 5944.408 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 siatisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,
"Acceptalce,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
"'he guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. FLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by
the Public tWorks Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of onfear from and
after the Berard of Supervisors accepts the work as complete.
6. Iv1PROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 w d as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or
during the rine-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to
accomplishthe work as promised.
7. 1<0 WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any off"icet4gent or
employee 4.,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/a>materials,or payments,therefor,or any combination or all of these acts$hail not relieve the Developer of his obligation to fulfill this agreement as
prescribed;Yor 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.
8. I,4DENIMTY: Developer 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 boardsgannissions,
officers,agents,and employees.
The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined belt w,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,clean 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 aay suit(s),action(s),or other proceeding(s)concerning said Iiabilities and claims.
G The actions causing liability are any act or omission(negligent or nomegligent)in connection with the matters covered by this Agreement and.
attributable..o 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 Indemnitee has prepared,
supplied,or3pproved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that
the alleged t amage resulted partly form any negligent or willful misconduct of any Indemnity.
9. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. Ms3N-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
or fails to m€iintain 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 inct£red by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
D?;veloper hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete an Uor maintain the work.
Oice 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.completes 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 attort<cy's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the
work.
11. IlKORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorporatedAs a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall
be transfermtsl to the new or annexing city. Such city shall have all the rights of third party beneficiary against Developer,who shall fulfill all the terms of this
agreement aft though Developer had contracted with the city originally.
12. C(PiNSIDERA TION. In consideration hereof.
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
CL:1ap
G:\GrpData\Eng vc\Chris\Projects\Windemere Phase 1\RA 1133 Ali-24.doc
Rev.April 6,200.0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of 14--"
County of m+rm
On C3 - before me, - rt t;LrJ , At+"-I-j i C,� ,
Date Name and Title of Officer(e.g.,,"Jane Doe,Nota biie)
personally appeared Y1 r rl 0-0 t ,
Nam )of Signers)
personally known to me—OR—0 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 /they executed the
DEBRA A.SHERWC3O same in hW*er/their authorized capacity(ies),and that by
�} COMM.*1313582 eir sl natures on the instrument the S ,
NOTARY PUBLIC-CALIFORNIA +� ( ) person(s),
)
CONTRA Cosa COUNTY 0 or the entity upon behalf of which the person(s) acted,
COMM,EXP.JULY I&20 j executed the instrument.
WITNESS my hand sgu4 official seal.
Signature of Notary Public
OPTIONAL
Trough the information below is not required by Jaw,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(s)
Signer's Name: Signer's Name:
El individual ❑ Individual
Corporate Officer I] Corporate Officer
Title(s): Title(s):
0 Partner---a O Limited 0 General 0 Partner—❑ Limited O General
!0 Attomey-in-Fact F� Attomey-in-Fact
® Trustee R 0 TrusteeNf
'
Guardian or Conservator 0 Guardian or Conservator -
0 Other: Top of thumb here ® Other: Top of thumb bare.
;Signer Is Representing: Signer Is Representing:
S.1995 Natir,,sal Notary Association•8236 Rarr"Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-8004178.6827
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY.AUDITOR-CONTROLLER
TO THE MEASURER; MARTINEZ,CALIFORNIA
RECEIVE',FROM t
ORGANIZATION NUMBER
V � _
(For Cash Collection Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUND/CIRC. ��T TASK OPTION ACTIVITY AMOUNT
T
9A
37 V- .
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EXPLANATION' TOTAL DEPOSIT I
- -fic r Ff _ - a 7/ t'[ Deposit consists of the fallowing i rtu
6 "" { G11 C1 `.. COIN and CURRENCYYAP,/
CHECKS.
M.
ET S
BANK DEPOSIT #
t.. .., FOR AUDITOR-CO T OLLER USE ONLY
�V Y t Fl• �J a / j 7 L �"5 ( ) DEPOSIT
PERMIT DP
NUMBER
DATE 3' 1754 AUG r 1 '02
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above oma nt is hereby
deposit iMt t o County reasury. acknowledged.
Signed. '' -tY` 1 .Date c
A.1
Title:. EXT �t g edo DepW ounty Audi Sig .
Deputy County Treasurer
-34 REV.(7 93)
000649-9665 / 813000: G1093880, $114.684_.00, RA 1123 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
0006499665 / 813000: 61093882, X58 108.00, DA 0009/10 Landscape Inspection
Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA
94583
000649-9665 / 813000: 61093884, $111,724.00, PA 0001 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093865, 8 291.0(7, RA 1124 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093867, $1,000.00, SUB 8619 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: G1093869,Ig,170.00, RA 1133 Road Acceptance Cash Bond, Windemere BLC
! Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093871, $1,000-00, SUB 8155 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800.0800: 61093872, $1.000.0{7, SUB 8153 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093875, $1,000.00, SUB 8618 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: G1093877, 2 000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456
Black Avenue, Suite#200,Pleasanton, CA 94566
819800-0800: 61093879, $1,000.00, SUB 8156 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093881, $14.273.00, RA 1123 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093883, $7,201.00, DA 009/10 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000678-9191 / 818800: G1094084, $706,500.00, SPRW EBMUD Easement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek,CA 94576
000678-9191 / 818800: G1094085, $72,834.00, SPRW EBMUD Temporary Easement, East
Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623
000649-9665 / 813000: 61093858, $500.00, RS 2695 Record of Survey Map Check Fee,
Bud LoVerne & Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521 _.
000649-9665 / 813000: G1093859, $500.00, RS 2694 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 Son Ramon Valley Boulevard, Danville, CA 94526
000649-9665 / 813000: G1093860, $500,00, RS 2693 Record of Survey Map Check Fee,
Patricia S. Mendell, 92 Lucille Way, Orinda,CA 94563
000649-9665 / 813000: G1093861, $500.00, RS 2696 Record of Survey Map Check Fee,
RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596
000649-9665 / 813000: 61093862, 1500.00, RS 2697 Record of Survey Map Check Fee,
Robert W. Randles & Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563
000649-9665 / 813000: G1093864, $156.828.00, RA 1124 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC,3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093866, 15,000.00, SUB 8619 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310,San Ramon, CA 94583
000649-9665 / 813000: 61093868, �13J65.00, RA 1133 Road Inspection Acceptance,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093870, $5,,000.00, SUB 8155 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, ,San Ramon,CA 94583
000649-9665 / 813000: 61093873, $5,000.CKT, SUB 8153 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: G1093874, $5000,00, SUB 8618 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: G1093876, 15,000.00, SUB 8156 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: G1093878, X11,478.00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC, 4456 Black Avenue, Suite#200, Pleasanton, CA 94566
Hand No.: ST 2224
Development: RA 1133_fX-REF SIT 79761
Premium: $537.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance,Guarantee, and Payment)
(California Government Code 66499 - 66499.10)
1, ReaTAL ov ROAD IMPROVEMENT A GRIEM£NT. The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to Install and pay for street, drainage and other
improvements on,or along Past Branch.Trail to complete said work within the time specified for completion
in The Road Improvement Agreement, all in accordance with Mace and local laws and rulings_
2. G1,I UCATION: Wind==BLC Land Company, LLC", as Principal and St. Paul Fire and Marine
'Insurance Company , a corporation organized under flit laws of the State of Minnesota 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
as follows:
A. Performance: Two Hundred Fourteen Thousand Fight Hundred Thirty Dollars(5214,8311)for
itself or any city assignee tender the above County Road Improvement Agreement,plus
>l . Paymeav Out Hundred Eight Thousand Five Hundred Dollars($10,500)to secure the claims
to which reference is made in Title 15 §§ et seq, of the Civil Code of the State of California.
3. s-CONDITION:
A. The Condition of this obligation as to Section (2_A.) above is such that if the above banded
Principal, or principal's heirs, executors, admianlstmtors, 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 thereofmadt:as therein provided on it or Its part,to be kept
and performed at the time and in the manner dwcin specified and in all respects according to'their
trite intent and meaning and shall indemnify and sage harmless the County of Contra Costa or city
assignee, its officers,agents and employees,as dierein stipulated,then this obligation shalt become
null and void; otherwise it shall be and remain in full force and effect.
As pant 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 succes"y enforcing such obligation,all to be taxed as
cots and included in any jadgemeut rendered,
S. 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,subcorntractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for ivaterials furnished or labor
Thereon of any kind,or for Amounts due tinder the Unemployment Insurance Act with respect to such
work or labor, that said surety will pray the some in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon flus 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 ernfo?rcing 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 15(commencing with Section
3082)of Put 4 of Division 3 ofthe Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this mond.
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.
r. No alteraation of said subdivision agreement or any plate 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
givers to make such alteration without fuer notice to or consent by Surety,and the Surety hereby
waives the provisions of California Civil Cade Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
E #AIM SEALER on August 14, 2002
WINDEMERE BIC LAND COMPANY, LLC
By: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE
I`MCIP"A .- its zanmr SUUTY: INSURANCE COMPANY
Address 3130 Crow Canyon, Suite 300 Address. 333 City Blvd. West #1100
City. San Ramon 94583 City. Ora , CA 92868
_By: lay: `
Print Natae: Lawrence H. xampson Print Name: Patricia H. Brebner
Title: Vice president Title: Attorney-in-Fact
V/UW
G.sGrpD�at�s��vctwv +xcpztiaunst,T�xi3s btF-sxadcrc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Oran
cte
On August 15, 2002 before me, S. McDonald, Notary Public, personally
appeared Lawrence H. Thompson, 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. Lt3r ,
j 4v s C. 1.;.;ilfC '1"I14
t?"y
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 Califomia, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. ST2224
Number of Pages: Two t2�
Gate of Document: August 14, 2002
Signers (other than those named above): Patricia H. Brebner
C ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907
State of California
County of Grange
On August 14, 2002 before me, Alexis H.Bryan,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 helshe/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.
ALEXIS H.BRYAN
Commission*1306738 WITNESS my hand and official seal.
.�; Notary Public-California
Orange Expires
Courtly 11
My Comm.Exglres Jun i,2005
SIGNA RE OF NOTARY
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 T'YP'E 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
€fiAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
40671GEEF ygg 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7164•Canoga Park,CA 91309-7184
u! POWER Off'ATTORNEY
! Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Powe:°of Attorney No. 22775 Certificate No.
1401278
KNOO ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.F:itl Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the hews of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fdelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,
Inc. s>a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make,
const-ute and appoint
James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the: ity of Costa Mesa State California their true and lawful Attorneys)-in-Fact,
each ii their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contrasts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
perforpance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,
IN W€TNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October _2001
2001
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
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+7! I9 �, > S83LL`ry taps 1$I7" PETER 1111111,vice President
�Ct�riE�: �teec .:AN� • Att/ � j/
State o:'-Maryland ! G I Y
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this: 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W.Carman and
Thoma:;E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine:Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corpor lions by themselves as duly authorized officers.
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In Wits >ss Whereof,I hereunto set my hand and official seal. �r'tAy
My Conrnission expires the I st day of July,2006. ��ib �5+ REBECCA EASLEY-ONOKALA,Notary Public
86203 Fdv_7-2002 Printed in U.S.A.
n.-.is Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire a:3d Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fideiiti and Guaranty insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect;reading as follows:
RkSOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings;contracts and other instruments relating
to<.aid business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Cix_xtpany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
ur er their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
theseal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes
ontf of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
suci 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
Mecuted 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
whyh it is validly attached;and
RF':nOLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
wri#ings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an
Exe utive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Patti Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August 2002
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Thomas E.Huibregtse,Assistant Secretary
To verlf#the authenticity of this Power of'Attorney,call I-8Q0-421-3884 and askfor the Power ofAttorney clerk. Please refer to the Power o,fAttorney number,the
above-ns�med individuals and the details of the frond to which the power is attached.