HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-629 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA"
Adopted this Resolution on October 8, 2002 by the following vote: t..-
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/ 6 2 9
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 0009/10
(cross-reference SUB 7976) being developed by Windemere BLC Land
Company, LLC, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for, DA 0009/10
(cross-reference SUB 7976)located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windernere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Bond
Deposit Amount: $7,201.00
Deposit made by: Windernere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 391754, August 21,2002
WL:cw I hereby certify that this is a true and correct copy of an action
G-.WApData\EngSvc1BO12002110-08.021DA 0009&10 BO-16.doc taken and entered on the minutes of the Board of Supervisors on
Originator: Public Works(ES) the bate shown.
Contact: Warren Lai(313-2408)
cc: Public Works- T.Bell,Construction ATTESTED: OCTOBER 08t 20{ 2
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
T—August 2003 Administrator
Windernere BLC Land Company,LLC
3130 Crow Canyon Pl,#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.Bmbner
RESOLUTION NO.2002/ 6 2 9
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 0009/10
(cross-reference SUB 7976) being developed by Windemere BLC Land
Company, LLC, San Ramon(Dougherty Valley) area. (District III)
MATE: October 8, 2002
PAGE 2
H. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST 2233,August 14,2002
Performance Amount: $712, 899.00
Labor&Materials Amount: $360,050.00
Principal: Windemere BLC 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.
RESOLUTION NO. 2002/629
I
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
SuW.-Ivislon: DA 0009& 20(X-REF SU 'l 7976 Effective Date: —o pLLeq
-y
SubOly€der: w10406^40-n.r ?tt,c., Lt.(, Completion Period: 1 year
WINDEMEREBLC LAND COMPANY LLC,
THE E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By.LEN-OBS Windemere,LLC,
COI'fTR,A COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
BY:Lennar Homes of California,Fnc.,
Maur ce M. Shiu, Public Works Director Managing Member
A AAAA
z ,
By: _ f� (signature}
I A V---
(print name&Title Don ,Vice President
RECf)MMENDED FOR APPROVAL:
By. (signature}
Engineering Se S 15iviRDW (print name itle) L7,06 3ochim,Assecretary
FORI'+i APPROVED: Victor J.Westman, County Counsel
(NOTE:Alt 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" un ,"and the
above-mentioned S bta divider, 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
improv.ement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with th-3 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
hereofas 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
rulingt 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: $ 7.201.0 cash,plus additional security,in the amount of
$ ! 712.899.00 _ which together total one hundred percent 100%)of the estimated cost of the work. Such additional
securrt.+ispresentedin 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
complo ion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 360,050.00 which is fifty percent(50%)of the estimated cost
of the'�Drk. 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
furnishifig labor or materials to therm 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 with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GIJARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or `
workmans#�ip and shall perform satisfactorily for a period of one-yearfrom and after the Board of Supervisors accepts the work as complete `
in accordaoce 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.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PIANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement: Said plant establishmentwork shall consist of adequately watering plants,replacing unsuitable plants;doing weed,rodent and
other pest s.zntrol 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 discrey€gin of the County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as 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. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agt nt or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. DEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A The indemn€ties benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,co€nmiss€ons,`officers,agents,and employees.
B The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because oil 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
improvem nt pians or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
sa=es and claims.
C The actions causin lid abii€ty are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor, subcontractor,or any officer, agent,or employee of one or more of them;
C}> Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
IndemniteE.has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other incemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. M: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required th=ereby.
10. St RV Y . Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County Ro>ad Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11, NON-PERFORMANCE AND CC STS: 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, Md Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,U ntract,overhead,etc.)Immediately upon demand.
5 I qbdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
C Vice 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.
S iould County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdividersubsequently proceeds to complete the work.
12. It CORPORATIONIANN RATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory invorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit se.ruring said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. R!;-CORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivis€or-.
.W.ap
G:1Gtp®etB'X- ivclpony*%G WORDWG-30A.doc
Rev.Mtsy 1841
GALA-ORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On4u rjws�V 14 )—n before me t a �'�� 1 9 Q�f� A 11 ,
Data t Name and TWe of Otfiosr(e.g., ana Doe,Notary bile)
personally appeared d-yy i -ea-scy\ �-V).c h rr1
e(u)of Signer(s)
r
personally 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
tr pEBRA A HER7,N
and acknowledged to me that hef!�erlthey executed the
COMM.*t�7 same in i 60AWthelr authorized capacity(les),and that by
NOTARY PUBtIGGA hlaA"their signature(s)on the instrument the person(s),
CONTRA COSTA COUNTY 0 or the entity upon behalf of which the person(s) acted,
COMM.EXP.JULY 1 a.Zoos
executed the instrument.
WITNESS my hand d official seal.
Signature of Notary Pu k
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 Wages: -_
Signer(s) Other Than Named Above:
Cspaclty(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
Partner—0 Limited ❑General ❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact ❑ Attomey-in-Fact
Trustee ❑ Trustee
❑ Guardian or ConservatorIiiinfloplaz ❑ Guardian or Conservator
INNER
❑ Other: 'rap of thumb here ❑ Other: Top of thumb here.
Signer Is Representing: Signer Is Representing:
01995 il;stionaf Notary Association»6236 Rammat Ave.,P.4.®ox 7194•Canoga Park,CA 9190gµ9184 Prod.No.5907 Reorder;CaH Tolima 1 8t$48V
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT ,t
OFFICE OF COUNTY.A€IDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA
RECEIVED FROM -
ORGANIZATION NUMBER
(Fox Cush Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORQ Sulk TASK �OPTION ACTPATY AMOUNT
L(, j00 aa,
� 07
I 9A - �
--- P
yl
AR
Ys
1
I
jM1
{, 331Y�
1
1� ;
1
63 1
1
i
1
I
t
1
EXPLANAT<OR TOTAL
DEPOSIT
a
_ �, t-j 4f() Deposit consists of the follanwing`
2 :tom
'' ( t o ( f t (} COIN and CURRENCY $ + q
CHECKS,Ma ET $TA + /
BANK DEPOS;T $ -
"7 /, �:. E; (` t FOR AUDITOR-C T LER USE ONLY
A Y -T-C _J ® �' - C.} t o " ) DEPOSIT
PERMIT._..,:, D
DATE %754 AUG 1 W
ASSIGNED
The amount 4 money described above is for Treasurer's receipt of above amount is approved. Receipt of above omo is hereby
depofsr.Wo ttw County .ury. acknowledRecL
dI 1 A ,fit✓' � 1. .Date i
Sri -- .�
True; EXT.. . [}eputy CotrMyr Treasurer
6-34 REV.{74 t;
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, $58.108.00, 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. , RA 1124 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093867, JL,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: G1093875, $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, $-1000 00, SUB 8156 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: G1093881, $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 ImprovementCash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
i
0006789191 / 818800: 61094084, $70b.500,00, SPRW EBMUD Easement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576
0006789191 / 818800: 01094085, $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 LaVerne & Rosalia Simmons, 3859 Joan Avenue, Concord,CA 94521
000649-9665 / 813000: 61093859, $500.00, RS 2694 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526
0006499665 / 813000: 61093860, $500.00, RS 2693 Record of Survey Map Check Fee,
Patricia S. Mendell,92 Lucille Way, Orinda, CA 94563
000649-9665 / 813000: 61093861, $500.00, RS 2696 Record of Survey Map Check Fee,
OF Consulting, 1981 North Broadway, Suite 235, Walnut Creek,CA 94596
0006499665 / 813000: 61093862, $M.00, RS 2697 Record of Survey Map Check Fee,
Robert W. Randies &Ling Ling Li, 1 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, Son Ramon,CA 94583
000649-9665 / 813000: 61093866, 0,000.00, SUB 8619 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, Son Ramon,CA 94583
0006499665 / 813000: 61093868, $13,365.00, 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
0006499665 / 813000: 61093873, $5,000,00, SUB 8153 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San 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
0006499665 / 813000: 61093876, $5,000.00, SUB 8156 Landscape Inspection Deposit,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,4_CA 94583
000649-9665 / 813000: 61093878, X11.478.00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton,CA 94566
Subdivision: PA 0009 8& 10{X-REF SUB 7976)
Bond lido., ST 2233
Premium: $1,782.00
IMPROVEMENT SECURITY BO"
FOR ftRIA+C fUGHT OF WAY LANDSCAPE AGUBMEN'T
(Performance, Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
I. ftCITAL of SUBDIVISION AGREMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision DA 0009
& 10 (X-RIFF SUB 7976) as specified in the Subdivision Agreement(Right ofWay 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.Z-79 ,
?.
OBLIGATION; Wiudemere.BLC Land Company,LLC,as Principal, and St. Paul Fire and
Marine insurance Com anv , 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 m pay it:
A. Performance and Guarantee. Seven Hundred Twelve Thousand Eight Hundred Ninety-Nine
Dollars($71 2,$99)for itself or any city assignee under the above County Subdivision Agreement,
plus
B. Payments Three Hundred Sixty Thousand Fifty Dollars($3601,050)to secure the claims to which
reference is made in Title XV(commencing with Section 3082)of Part 4 ofDivlsion III ofthe 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
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and sliall indemnify and save harmless the County._4 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.
CLIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On Auqust 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.
Of-F.gC-3 CCUl'f'.�7j+ -yy /
{{ vt,v .i' fYt��rLadYlvTI,•,+y..+'�' r 3OY f.VJ`i'
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document Improvement Bond No. ST2233
Number of Pages: Two (2)
Date of Document: August 14, 2002
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No seal
State of Califomia
County of Orange
On August 14, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER M E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
® personally known to me-OR- El 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 hetshe/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 01308738 WITNESS my hand and official seal.
z .*! My Comm.Notary Public-Cailf0mia
Cir.Expires
nge County
� �
ires Juni,2005 t"...
SIGNA E 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 TYPE OF DOCUMENT
TiTLE(s)
PARTNER(S) H LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
'GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
,1,34IGNER IS REPRESENTING: DATE OF DOCUMENT
t AME OF PERSON($)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
$40871GEEF 2168 01Se3 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 913MM4
na
U POWER OF 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
PowevofAtturney No. 22775 Certificate No. 1401283
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.Pri-A Firs and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the latifs 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 Fielityand 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,
constiitrte and appoint
James A.Schaller,Rhonda C.Anel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the amity of Costa Mesa State California their true and lawful Attomey(s)-in-Fact,
each rri 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,
contrx�is and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
perfor}nance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WETNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4thday of 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
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1100aftliPETER W.CARMAN,Vice President
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State,v.r Maryland tf'if
City dl>Baltimore THOMAS E.HUIBREOTSE,Assistant Secretary
On thi 4th day of October 2001 ,before me,the undersigned officer,personally appeared Peter W.Carman and
Thom-01 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
Guarvty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals axed 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
corportions by themselves as duly authorized officers.
In WiMess Whereof,l hereunto set my hand and official seal. � NO�'�1'i'
My C:r..nmission expires the lst day of July,2006. 'ts_ 1 REBECCA EASLEY-ONOKALA,Notary Public
L86203>�Iev.7-2002 Ptinted in U.S.A.
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ThiF 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 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.on September 2, 1998,which resolutions are now in full force and
effect,lading as follows:
RE'50LVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accc,-<'dance 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
Company,either by the Chairman,or the President,or any Vice President,or an Assistant slice President,jointly with the Secretary or an Assistant Secretary,
undo their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the sral 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
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
suc:"t 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
exec zted and certified by such facsimile signature and facsimile sea]shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attomey(s)-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
wrin gs 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
Exetotive Officer and sealed and attested to by the Secretary of the Company.
I,Thonvis E.Huibregtse,Assistant Secretary of Seaboard Surety Company, St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Paui'Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underst liters,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 effbD-t and has not been revoked.
IN TES:IMONY'WHEREOF,I hereunto set my hand this 14th day of August 2002
Thomas E.Huibregtse,Assistant Secretary
To verify:the authenticity of this Power vfAttorney,call 1-800-421-3880 and ask for the Power ofAttorney clerk Please refer to the Power ofAttorney number,the
above-reigned individuals and the details of the bond to which the power is attached.
As pant of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expanses 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.
<13. The condition of this obligation as to Section 2.(13) above is such that said Principal and the
undersigned as corporate surety arc held finely bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material mien 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 excee4ing the amount herein
above set forih, and also in case suit is brought upon this bond, will pity, in addition to the facet
amount thereof, costs and reasonable expenses and fes, including reasonable attorney's fes,
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 Fart.4 of Division 3 of the Civil Cade,so as to give a right of action to them or their-assigns
in any suit brought upon this bond.
Should the:condition ofthis bond be fullyperformed then this obligation shall become null and void,
otherwise it shall be and remain in full force and.effect.
C. No alteration ofsaid subdivision agreement or any plata 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 itselfbouad without regard
to and independently of any action against Principal whenever taken.
§IIGN90 AND SE.ALEP on August 14, 2002 -
WINDEMERE BLC LAND COMPANY, LLC
11y: LENNAR HOMES OF CALIFORNIA, INC. 3T. PAUL FIRE AND MARINE
'PMCJPAJL: its manager SURETY: INSURANCE COMPANY
A+ddresf: 3130 Crow Canyon, -Suite 300 Address: 333 City Blvd. West #1100
City: San Ramon 94583 City: OranSq, CA Zi 92868
By: By:
Print Name: Lawrence H. T om son Print Narne: Patricia H. Brabner
Title: _T Vice President Title: Attorney-in Fact _
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