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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-592 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT'S, CALIFORNIA Adopted this Resolution on October 1,2002 by the fallowing vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2002/ 5 9 2 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1123 (cross-reference SUB 7976) being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for RA 1123, located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC, LLC, A California Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $14,273.00 Deposit made by: Windemere BLC Land Company, LLC, A California Limited Liability Company Auditor's Deposit Permit No. and Date: 391754,August 21, 2002 WL:cw T hereby certify that this is a true and correct copy of an action G:\CirpDatalBngSvc1BO\2002110-01-021RA 1123 BO-16.doe taken and entered on the minutes of the Board of Supervisors on Originator: Public Warks(ES) the date shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTED: 0C10BER 01, 2QD2 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—June 2003 Administrator Windemere BLC,LLC 3130 Craw Canyon PI,#310 San Raman,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company By — -- Deputy 333 City Blvd.West,#1100 Orange,CA 92868 Attn:Patricia H.Brebner RESOLUTION NO.2002/5 9 2 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1123 (cross-reference SUB 7976) being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 WAGE 2 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: SV9493, August 14, 2002 Performance Amount: $1,413,027.00 Labor&c Materials Amount: $713,650.00 Principal: Windemere BLC Land Company, LLC, A California Limited Liability Company NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/592 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) Subc ivision: RA. 1123(&REF SUB 7976) Effective Date: Subtivider: hlW06&46P- hLc LL'L Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THE'12.1E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, COhi'TRA C©STA COUNTY SUBDIVIDER. A Delaware limited liability company Managing Member BY:Lennar Homes of California,Inc., Maur.'ce M. Shiu, Public Works Director Managing Member By: w V U (signature} (print name&Title) Don Larson,Vice President RECOMMENDED FOR APPROVAL: By (signature) _ Englr eerirlg Serv' I ISI n (print name&Title} Lynn Jochi Asst.Secretary FOR-A 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. P6 TIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup ,"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, signsx street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required In the imprc k=ement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with tI`e 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 ruiing> made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirx)ments shall govern. 3 IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the Ct unty Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 14-273.K cash,plus additional security,in the amou€it of $ 1.413.027.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additki.nal 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 compt>Otion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 713,850.00 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 fumish,ing 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 securi€,as may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-yearfrom and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defect; in said work. Tie guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. . PI-ANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreemem Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest ontrol and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IN]PROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as pornised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. E`t 2 WAIVER BY COWNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agxznt or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptancsi of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for ramages arising from the failure to comply with any of the terms and conditions hereof. 8. k DEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A The indemnities,benefitted and protected by this promise are the County,and its special district,elective and appointive boards, co nmissions,o cif' arsa ents, and employees. a. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because c"actions defined below,and including personal injury,death,property damage, inverse condemnation,or any combination of these, andregardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said llabilit€3s and claims. C.> The actions causing liabillty are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreerent and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D< N n-Conditign : The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee.Ihas prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other ineamnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indem ity. 9. 2aTJ: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required tNlreby. 10. g1JRV YS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Rood Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. W)N-PERFORMANCE AND COSTS: If Subdivider 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, ind Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Si bdivider hereby consents to entry on the subdivision property by the County and its forces,Including contractors,in the event the County pro,.,eeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider:subsequently completes the work. Srould County sue to compel performance under this Agreement or to recover costs Incurred in completing or maintaining the work,Sub&eider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. l -IOREORATII N/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory Incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/orar4y deposit,bond,or letter of credit so-uring said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Suttiivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. E-CORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision :kw:lap G:tGrpDatalErrp�:&Fomi"G WORDIAG-30A.doc Rev.May IS.2g CAL11,FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of � O a h r n i c' County of 1 iw4y," on ' C)Q- before me, X42, 2 A• SL�8eoci)o Dat Name and`ripe of Ofiieer(e.g.,'Jens Doe,Notary PubE personally appeared - cul( • �y nyl 3 C)"I I vu— Names)ofSigner(e) iOpersonally known to me—OR—❑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 bates/they executed the same in hisfFrerr/their authorized-capacity(ies),and that by r LN011ARY A.StiERNIOOb {�/their signature(s) on the instrument theperson(s), M. 1313592 PU6LIC-CAUFORNIAG) or the entity upon behalf of which the person(s) acted, 2 A COStA COUNTY executed the instrument. EXP.JULY 1 b,27;5 WITNESS my hand and official seal. 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(les) Claimed by Signer(s) -'i Signer's Name: Signer's Name: ❑ individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): - Title(s): 13Partner—ElLimited ❑ General ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee 17 Trustee >' ❑ Guardian or Conservator .. I'- ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here. Signer Is Representing: Signer Is Representing: SIM 0 1985 Ist Alonal Notary Assodabon-8236 Ratnmat Ave.,P.O.Box 7184•Canoga Perk,CA 81309-7164 Prod.No.5907 Reorder.Call Toll-Fres 1 COUNTY OF CONTRA COSTA fi<�►; ', DEPOSIT PERMIT OFFICE OF COUNTY.AUDITOR-CONTROLLER O THE'fP:EASURER: MA Z,CALIFORNIA T RECEW FROM ORGANIZATION NUMBER (For Cosh Collection Procedures sae County A"nistrator's Bulletin 105.) DESCRIPTION FUNDJORG CUCT TASK OPTION ACTMTY AMOUNT TAX �l i `�.. s 31, avosl 9Ais 9 c.. L WNIT A 6Q &LrAkAI LA '_-VATF, LAX , 7Ar,UAL r0 � r r r r t r EXPLANAVON __ ,_-- TOTAL 3 r , � DEPOSIT t Lo Depo*c ` r(K orwSts of#sa fo owing t�J x04/0 -. (}" s Wb a- A t CORN and CURRENCY $ }f CHECKS,MO,ET a • ! BANK DEPOSIT $ { r FOR AUDITOR-C' LLER USE ONLY c � C2 ) DEPOSIT PERMIT D NUMBS DATE 754 AUG l #021 ASS*NED The;rrwunt Of mar+desen'becl above is for Treasurer's receipt of above amount is approvecLReceipt of dberae o+rto is herekry d POW into**Cam#y �y ut}rso, Daft . acicncwbdgait Sued Tale t EXT . Deputy C0uf*y Tns asteer ✓ 1 / r� 1 000649--9665 / 813000: 61093880, $114,684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093882, $58.106.00, 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, ig.291,00, 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: 61093869, $2,170,00, 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, $1,000,00, 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: 61093877, $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, Wi ompany, raw anyon amon, CA 94583 819800-0800: 61093881, $14,273.00, RA 1123 Landscape Improvement Cash Bo 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 ESMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576 000678-9191 / 818800: G1094085, I72.834.00, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable,PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: G1093858, x,,504.00, RS 2695 Record of Survey Map Check Fee, Bud LaVerne& Rosalia Simmons, 3859 Joan Avenue,Concord, CA 94521 000649-9665 / 813000: G1093859, .00, RS 2694 Record of Survey Map Check Fee, DeSolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville,CA.94526 000649-9665 / 813000: G1093860, 0400, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell,92 Lucille Way, Orinda,CA 94563 000649-9665 / 813000: G1093861, $M,00, RS 2696 Record of Survey Map Check Fee, OF Consulting, 1981 North Broadway, Suite 235, Walnut Creek,CA 94596 000649-9665 1813000: 61093862, 500 00, RS 2697 Record of Survey Map Check Fee, Robert W. Randles &Ling Ling Li, i Chapparal Place, Orinda, CA 94563 000649-9665 / 813000: 61093864, $66,828.00, RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093866, 5 000 04, SUB 8619 Landscape Inspection Deposit, Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, Son Ramon,CA 94583 000649-9665 / 813000: 61093868, 113,365.00, RA 1133 Road Inspection Acceptance, Windemere SLC 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, Son Ramon,CA 94583 000649-9665 / 813000: 61093873, $5,M,00, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, Son Ramon, CA 94583 000649-9665 / 813000: 61093874, 5 000 00, SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: G1093876, $5,000.00, SUB 8156 Landscape Inspection Deposit, Windemere SLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093878, $11,478.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC,4456 Slack Avenue, Suite#200,Pleasanton,CA 94566 Subdivision: RA_1123 f XREF SUB 7976) Band No.: SV 9493 Premium: $3,533.00 IMPR0VFbffNT SECURITY BOND FOR Punic RIGnT OF WAY LANDSCAPE AGREIVMI~NT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECrrAL OF SITBDIVLMIAN AMxbq T: The Principal has executed as agreement with the County to install and pay for public right of way landscaping,and other related improvements in Subdivision RA 11.23 (X-REF SUB 7976) as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping). all in 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: Windetnere BLC Land Company,LLC,as Principal, and St. Paul Fire and Marine Insurance company ,a corporation organized existing under the 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 it: A. Performaace and Guarantee: One Million Four Hundred Thirteen Thousand Twenty-Seven Dollars(51,413,027)for itselfor any city assignee under the above County Subdivision Agreement, plus B. Payment. Seven Hundred Thirteen Tbousaud Sic Hundred Fifty Doll4rs($713,650)to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division 1U of the Civil Code of the State of California. 3. CoNDiTio.%; A. The Condition of this obligation as to Section ?.(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 performed 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 null and void; otherwise it shall be and remain in full force and effect_ a 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 casts and included in any judgcmeat rendered. B. The condition of this obligation as to Section I(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Cohere Costa and all contractors,subcontractors,laborers,material rgca 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 respectto 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 cast suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable a wrmcy's fees, incurred by County(err city assignee)in successfully=forcing 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 marc 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 than or their assigns in any suit brought upon this bond. Should the condition of this bond be fullyperformed then this obligation shall become null and void, otherwise it shall be and refrain in full force and effect. C. No Alteration of said subdivision agreement or any plan or spcciftcatioa of said work agreed to by the Principal and the County shall relieve any Surety*om liability on this bored;and consent is hereby given to make such alteration without fluther notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard to and independently of any action against principal whenever taken. NIGD AND SFALED on August 14, 2002 1 fINDEMERE NLC LAND COMPANY, LLC lay: LENNAR HOMES OF CALIFORNIA, INC. ST: PAUL FIRE AND MARINE PItWOVAL: its manager $1rJUTV; INSURANCE COMPANY Address;. 3130 Crow Ca en-, - Suite 300 Ades: 333. Citz Blvd. West #1100 ,Cid, San Ramon 94583 City: Orang" CA Zip; 92868 "• BF Print N rCie: Lawrence H. son Print Name; Patricia H. Brebner Title. vice President 'Title: Attorney-in-Fact V#q..tw G.1GYppdatE��'kC1W12{X�1At1�ySt�SC1F!1i�3!ffN-IY�goC C -.LIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange 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. DONALD �,ff �jGYlrttai wt# i 2"W t+loi SuP���.�'�,t� � �✓ r s � Oy PUblIc-•COltfc7m� Orunge County y 40/COMM.h#rM Apr 1b,2W4 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. SV9493 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALE.-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On August 14 a 2002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner w NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H.BRYAN Commission 0 13CS734 WITNESS my hand and official seal. Notary Pubft-California orange County My Comm.Expires Jun 1,200_ SiGNATU 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 Tj INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES ❑ 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 ENnTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Bou 7184•Canoga Park,CA 013094184 ' I POWER OF ATTORNEY � tibu 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. 1401279 KNOW 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.Prul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the lays 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 F"delity 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.i 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:-lute and appoint James A.Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebuer,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa State California their true and lawful Attorney(s)-in-Fact, each iii 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, contrtz.,ts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the perfotnance 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 day o£® October 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 ti3I,T l '}p PETER W.CARMAN,Vice President State f Maryland Cit} (Y.Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On the 4th day of October 20011 before me,the undersigned officer,personally appeared Peter W Carman and `I'hom"S E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marim Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,fidelity and Guarmfity Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument am the corporate seals of said C?mpanies;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 corporations by themselves as duly authorized officers. wcc'at'' >P •i�Jr'� In Witness Whereof,I hereunto set my hand and official seal. O r My Ci"mmission expires the I at day of July,2006. ] Cttt REBECCA EASLEY-ONOKALA,Notary Public 86201 Rev.7-20012 Printed in U.S.A. s i, Thi <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 ane 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.on September 2, 1998,which resolutions are now in full force and effect,n,Ading as foIIows: REQ OLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to s>id business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in acct zdance 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 Con pany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, un&r their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the:-<eal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes onl}of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any suct 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 exee uted 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 wh>h it is validly attached;and RE-iOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in arty case,subject to the terms an itat ions of the Power of AW..mey 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 Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Excutive Officer and sealed and attested to by the Secretary of the Company. I,Thon as E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Pari.Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Undervsiters,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 eff=ct and has not been revoked. IN TVITIMONY WHEREOF,I hereunto set my hand this 14th day of August 002 1@'.T 01;AL taw> Thomas E.Huibregtse,Assistant Secretary a� To vers: the authenticity of this Power of Attorney,call 1-800-421-3880 and ask far the Power of Attorney clerk Please refer to the Power ofAttorney number,the abover<iamed individuals and the details of the bond to which the power is attached