HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-725 i
THE BOARDOF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 3, 2002,by the fallowing vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2402/ 725
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1124
(cross-reference SUB 7976) being developed by Windemere BLC Land
Company,LLC, San Ramon(Dougherty Valley) area. (District rIT}
The following document was presented for Board approval this date for RA 1124 (cross-
reference SUB 7976), located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) With Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
rewired in said Subdivision Agreement (Right of Way Landscaping) Within one year from the
date of said agreement. hnprovements 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:
L Cash Bond
Deposit Amount: $8,291.00
Deposit made by: Windemere 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
0:\E3rpryatalEngSvc\Ba12002\12-03-02tiRA 1124 Bo-16.doc action taken and entered on the minutes of the Board of
OriContact:
Public Works 240 Supervisors on the date shown.
Contact: Warrn Lai(313-2408) p
cc: Public Works- T.Bell,Construction
Currant Planning,Community Development ATTESTED: DECEMBER 03, 2002
T—June 2003
Windemere BLC Land Company,LLC JOIN SWEETEN,Clerk of the Board of Supervisors and
3130 Crow Canyon Pl,#310 County Administrator
San Ramon,CA 94583
Attn: Brian Olin
St.Paul Fire and Marine Insurance Company
333 City Blvd.West#1100
Orange,CA 92868 By e --~" Deputy
Attn:Patricia H.Brebner V
RESOLt.JTION NO.2002/ 725
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1124
(cross-reference SUB 7976) being developed by Windemere BLC Land
Company, LLC, San Ramon(Dougherty Valley) area. (District III)
DATE: September 10,2402
PACE 2
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST 2234, August 14, 2002
Performance Amount: $820,809.00
Labor&Materials Amount: $414,550.40
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. 2402/725
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66465)
Sub 4 lvision: RA 1124(X-REF SUB 79761 Effective Date: f
Subdivider: &"k. Lt's' Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: `�'���rnia limited
I3LC LabilityAND COMPANY LLC,
A California limited liability Company
By:LEN-OBS Windernere,LLC,
CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
Mautice M. Shlu, Public Works Director BY:Lennar Homes of California,Inc.,
Managing Member
(signature)
By: (print name&'Title UonIrarion,Vice President
REC+2MMENDED FOR APPROVAL:
s
..—
By _ (signature)
Engineering Services VI ion (print name& tile) ynn 3ocri` �Asst.. ecretary
FOR APPROVED: Victor J Westman; County Counsel
(NOTE:All signatures to be acknowledged. if Subdivider Is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called" .o nn ,"and the
above'0entioned Subdividfir, 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
lmprou 3ment plans for this subdivision as reviewed and on fife with the Contra Costa County Public Works Department and in conformance
with thf,4 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;ss required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accor0nce with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder, and where there is a conflict between the Improvement plans and the County Ordinance Code, the stricter
requirements shall govern.
3, IMPROVEMENT S` R . 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: $ 8,291.00 cash,plus additional security,in the amount of
$
820,809.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional
security,is presented In the form
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
complef, n and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Paymen : Security in the amount of$ 414,5N.QO_ ,which is fifty percent(50%)of the estimated cost
of the weirk. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securitie<may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
1. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material a ,
xorkmanshii)and shall perform satisfactorily fora period of one-year from and after the Board of Supervisors accepts the work as complete
n accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects=n said work.
Thi guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
System.
5, PUt NT.Er TABL ISNMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement.iSaid plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
ether pest c6ntroi and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
sstabiishme."it work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
he discretloih of the County, bids may be released after final acceptance of landscaping Improvements by the County.
5. IM 'ROV M ,NT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
xork as pn.nised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervlsora:accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
�espect,Sul<idivider shall make whatever changes are necessary to accomplish the work as promised.
7. fes:WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance 3f 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 da=mages arising from the failure to comply with any of the terms and conditions hereof.
3. ai MNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section:
A. The n mniti s benefitted and protected by this promise are the County,and Its special district,elective and appointive
boards,con`missions,o cars,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of€)ctions defined below, and including personal injury,death,property damage,Inverse condemnation,or any combination of
these,and tegardless of whether or nest such liability,claim or damage was unforeseeable at any time before the County reviewed said
lm rovemer:t plans or accepted the work as complete,and Including the defense of any sult(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. i The actions causino liability 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;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee iias prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has Insurance
or other lndCmnification covering,any of these matters,or that the alleged damage resulted partly form any negligent orwillful misconduct of
any Indernrrty.
9. .Subdivider shall pay when due,all the costs of the work, 'including Inspections thereof and relocating existing utilities
required thd.reby
10. VVI. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Roa3 ommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COM: If Subdivider falls to complete the work within the time specified in this Agreement, and
subsequentextenslons, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and.Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,coritract,overhead,etc.)Immediately upon demand.
Stadivider 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.
Onwe 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.
StOuld County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdfrideragrees to pay all attomey`s fees,and all other expenses of litigation incurred by County in connection therewith,even If
Subdivider:subsequently proceeds to complete the work.
12. ,w,;*,ORPO TIONIANNEXATIO . I€,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory mcc_rporated as a city oris annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securinsaid rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Su `aivl%r,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivislon
:kwWp
c.�M0a"MQ3 0M*AG woR AG-Wkdoc
Rev.May td.206,::
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of �GZE� I`n lir
County of CtmiaL �0
OnDg�s J c G before me, nrk ig Sherwood Il__ 1�
betsme., Noand Title of officer e.g.,"JamoTo
Doc tsry PWin
personally appeared dye �t r CJn d n6 � -Vy)r) jLo i fns.
Nams(s)of Signer(s)
15(
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
and acknowledged to me that 4ok#Wthey executed the
U RA q"g_
DEBRA same in him/their authorized capacity(ies),and that by
COMM.#1313584 S' hisi'!/their signature(s)on the instrument the person(s),
2 CONTRA COSTA NOTARY PUBUSTA COUNTY
�FOR D or the entity upon behalf of which the person(s) acted,
COMM.ExP.JULY lb,4005'' executed the instrument.
WITNESS my hand,.apd official s
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 Attaches! 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:
❑ individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑Genera{ ❑ Partner—❑ Limited ® General
❑ Attorney-in-Fact ❑ Attorney-in-f=act
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here.
Signer Is Representing: Signer Is Representing:
01995 NVAonal Notary Association•8236 Remmat Ave„P.O.Box 7184+Canoga Panic.CA 81309-7154 Prod.No.5907 Rsonier.Cali Toll-Fres 1-800-878.8827
dr wsr,�•Ftay o.vv,r+
DEPOSff PERN111'
OFFICE OF COUNTY.AUDITOR-CONTROLLER
'O THE TI;EASURER. MARTIh�Z,CALIFORNIA '
RECEIVED FROM 4k
ORGANIZATION NUMBER
(For Ca3h Collodion Pmcedum sea Cotmty Adrrunistrafiar's k4 in 1054
DESCRIPTK7N FUND/ORG SUL ACCT TASK OPTION ACTIVITY AMOUNT
t
/ - w9 ), s 1.60,
-3 z10 I
-- AllyfT ( y� 4�q C, V
t Er -pad V T � J#J
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--- C c �
1;
liltE
Fillj lilt III lifillifills
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EXPLANAtON: v TOTAL # . t
e •( s DEPOSIT )
,, b—Sov(-7/09�i'U Depos ac cts of tFre
6 -(4 O. .�. 1' i } CONN and CURRENCY �N'q!
CHECKS,M.Ck,ET E !
BANK DEPOSIT $
fe t. t� t t" FOR AUDITOR-C LER USE ONLY
tV #. µ # I C C C DEPOSIT
PERMIT ()
c� DA 191754 AUG 1 102
ASSIGNED
The:omotmt,64 market'desc,n'bW above is for Treasurer"s receipt of ob"amount is appwmdRecaipt of abava is hereby
deiposif into Cotmty sort':. aclarov`detfg+ssL
`�,r&k.C7,fakEXT. .; :r outty AudoolDeputy Courirp Treasurer
Ek34 REV.(7.93,x, 'r I
000649-9665 1813000: 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: G1093882, #58108.00, bA 0009110 Landscape Inspection
Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon,CA
94583
000649-9665 1 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, $8,291,00, 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,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, Son Ramon, CA 94583
819800-0800: 61093881, $14,273.00, RA 1123 Landscape Improvement Cash Bond,
Windemere BLCILand 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: G1093885, $13,903,0 , PA 0001 Landscape Improvement Cash Bond,
Windemere 81-C Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000678-9191 / 818800: 61094084, $n.500.00, SPRW EBMUD Easement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek,CA 94576
000678-9191 / 818800: 01094085, $72,834,f30, SPRW EBMUD Temporary Easement, East
Bay Municipal Utility District, Accounts Payable,PO Box 24055, Oakland,CA 94623
000649-9665 / 813000: 61093858, $,00.00, RS 2695 Record of Survey Map Check Fee,
Bud LoVerne&'Rosolia Simmons, 3859 Joan Avenue,Concord,CA 94521
000649-9665 / 813000: 01093859, $500.O , AS 2694 Record of Survey Map Check Fee,
DeBolt Civil Engineering,811 San Ramon Valley Boulevard, Danville,CA 94526
000649-9665 / 813000: 01093860, RS 2693 Record of Survey Map Check Fee,
Patricia S, Mendell,92 Lucille Way,4rinda,CA 94563
000649-9665 / 813000: 61093861, SZQ.00, RS 2696 Record of Survey Map Check Fee,
RSP Consulting,;1981 North Broadway, Suite 235, Walnut Creek,CA 94596
000649-9665 / 813000: G1093862, $M,00, RS 2697 Record of Survey Map Check Fee,
Robert W. Randles&Ling Ling Li, 1 Chapparal Place, drinda,CA 94563
000649-9665 / 813000: 01093864, $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, $5,000,00, SUB 8619 Landscape Inspection Deposit,
Windemeri~ BLCLand Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: G1093868, $13,365,00, RA 1133 Road Inspection Acceptance,
Windemere BLC'Land Company,LLC, 3130 Craw Canyon Place#310, San Ramon, CA 94583
000649-9665 /' 813000: 61093870, $5,0M.00, SUB 8155 Landscape Inspection Deposit,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Raman,CA 94583
000649-9665 /'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.QW.0t}, SUB 8618 Landscape Inspection Deposit,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place##310, San Ramon,CA 94583
000649-9665 / '813000: 61093876, $5,000,04, SUB 8156 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093878, $11478.00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC,4456 Black Avenue, Suite#200,Pleasanton,CA 94566
Subdivision: RA.1124 tX«Rfih aja 79761
Bond No.: 51.,2234
Premium: $2,052.00
"Rt)"V'l=Mm stru QTY BoND
FOR PUBLIC RIGHT OF WAY LA"SCAPE AGRUMENT
(Performance,Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
RECITAL tom'SvuisiyisioH AWmf.NT: The Principal has executed an agreement with.the County to
bwAll and pay for public right of way landscaping,and other related improvements in Subdivision ice.11 4
<' (X-"F SUR 7976) as specified in the Subdivision Agreement dight of Way Landscapisig), and to
complete said work within the time specified for completion in the Subdivision Agreemerzt .ight of Way
Landscaping), all in accor4 nce with State and local laws and rulings thereunder in order to satisfy
conditions for filing;ofthe Final Map or Parcel Map for said.Subdivision.
Z. GwcATiomz Wiudemere DLC Land Company,LLC, as Principal,and St. Paul Fire and
Marine Insurance CMany 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, aftinistrators, successors, and assigns to the
County of Contra Costa,California to pay it:
A. Performance and Guarantee: Eight Hundred Twenty Thousand Eight Hundred Nine Dollars
(5820,909) for itself or any city assignee under the above County Subdivision Agreement,plus
B. Payment: Four Hundred Fourteen Thousand Five Hundred Fifty Dollars($414,550)to secure
the claims to which reference is made in Title XV (courunencing with Section 3082) of Part 4 of
Division III of the Civil Code of the State of California.
3. CgNDl' ON:
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 perforin 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 its all respects according to their true
intent and meaning, and shall indemnify and salve harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
mull and void; otherwise it shall be and rernain in full force and effect,
As part ofthe obligation secured hereby and in addition to the face Mount specified therefore,there
shall be included costs and reasonable: expenses and fees, including reasonable anomcy's fees,
incurred by County(or city assignee) in successfully enforcing such obligation,all to be taxed as
costs and included in arty jadgmeut rendered.
3. The condition of this obligation as to Section 2.(13) above is such that said Principal and the
undersigned as corporate surety are held Daly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished,or labor
thereon of any kind,or for amounts due ander the Unemployment Durance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including rcasuuable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to We claims under Title 13(commencing with Sec'Cion
3082)ofPart 4'ofDivision 3 ofthe Civil Code,so as to give a riga ofaction to than or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed there this obligation shall become null and void,
otherwise it shall be and remain in full force and.effescL
C. No alteration of said subdivision agreement or any plan or specification ofsaid work a, d to by the
Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby
given to nuke such alteration without further notice to or consent by Surety,and the Surety hereby
waives the provisions of Califomia Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
5G.M!AND SEALER on August 14, 2002
WLNDEMERE BIC LAND COMPANY, LLC
R.7: LENNAR HOMES OF CALIFORNIA, INC. ST PAUL FIRE AND MARINE
FMC .PAIL: its manager SMETy: INSURANCE COMPANY
Address., 3130 Crow Gan on Suite 300Address: 333 CitZ Blvd. West #1100
C=ry: _ San Ramo.�Ojp. 94583city; Oran CA dip• 92868 __--
B3r By.
Print Nat at. Lawrence H. 12son Print Name: Patricia H. Brebner
Title: Vica President Title: Attorney-in-Fact
WL.cw
G.KitPM= 3W U8 41153 WIZAAx
CALIFORNIA 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.
T isiaac'ry t'i1C �- �'.�?lftXt7�KY
* �' C3`c1�40 coun#y
MyCammExpresAprMZU
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. ST2234
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.6907
State of California
County of Orange
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 he/she/they executed the same In
histher/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the persons), or the entity upon
behalf of which the person(s) acted, executed the Instrument.
ALExis H.BRYAN
-`; Commission 81306738 WITNESS my hand and official seal.
.r, Notary Public-Csiifomis
orange County
my Comm.Expires dun 1,2005 � SIGNATURE QF NOTARY
OPTIONAL
>Though the data below is not required by law, it may prove valuable to persons relying on the document and
wuld prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
DAMS OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
t40070EEF ygg_ 01993 NATIONAL NOTARY ASSOCIATION•9238 Rommet Ave.,P.O.Box 7184•Canoga Pack,CA 91309-7194
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
Powe# of Attorney No. 22775 Certificate No.
1401293(^i1 (]
KNU':%V ALL MEN BY THESE PRESEN'T'S:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New fork,and that
St.PauI Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the la47s 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 Fdelityand Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,
Inc,i4:'a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make,
constitiste 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 E',ity of Costa Mesa State, California ,their true and lawful Attorneys)-in-Fact,
each it: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,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WE PNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th _day 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
PETER W.CARMAN,Viae President
�.� ',,,/00 ,� ��� 1. , fit,,�►�' >
State oMaryland
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
Thomas:E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St,Paul Fire and
lbiaririe insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guamsy Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Ccitipanies;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.
ltiw+-i� -
In Witness Whereof,I hereunto set my hand and official seal.
' r
My Cot unission expires the Ist day of July,2006. `4g i REBECCA EASLEY-ONOKALA,Notary Public
86203 Nev.7-2002 Printed in U.S.A.
k
This Tower 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 wid Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect,reding as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to saH 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
accor lance 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
Com zany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the sinal of the Company may be axed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only 3.if executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such ?ower of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so
executed 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
whicl-i it is validly attached;and
RESOLVED 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
Attorey 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
writings 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
Execaive Officer and sealed and attested to by the Secretary of the Company.
1,Thomas E.Huibregtse,Assistant Secretary 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
Underwr tern,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 TES11MONY WHEREOF,I hereunto set my hand this 14th day of August 2402
�. � 9�F{ �pk4K �■atato ,tom
seal �, saL� two 1977 1851
'Iola. Thomas E.Huibregtse,Assistant Secretary
To verif}the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask far the Power of Attorney clerk. Please refer to the Power of Attorney number,the
above-named individuals and the details of the bond to which the power is attached