HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-730 4 a CON
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 3,2002,by the following vote:
AYES: SUPERVISORS UILKDMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/ 730
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8153
being developed by Windemere BLC Land Company, LLC, San Ramon area.
(District III)
The following document was presented for Board approval this date for, SUB 8153
located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right-of-Way Landscaping) within 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: $1,000
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 391754,August 21,2002
WLacw I hereby certify that this is a true and correct copy of an action
0:1GrpDataTngsvciBO\2002\12-03-02\SM 8153 BO-16.dac
taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(BS) on the date shown.
contact. Warren Lai(313-2408)
c: Public Works-T.Bell,Construction ATTESTED: D�'C' � {� {�Q
Current Planning,ConurnWty Developmeut
T-9-05-02 JOHN SWEETEN,Clerk of the Board of supervisors and
Wma`rnc`e BLC Land Cv 4waxy,ls,c County Administrator
3130 Ctuw Canyon Place,Suitt 310
San Raman,CA 94583
Attu Brian Olin
St Paul Fire aW Marina Insurance Company
333 City Blvd.West,Suite I loo By .Deputy
Orange,CA 92868
Aria:Patricia Fl.Brebaer
RESOLUTION NO.2002/ 730
SUBJECT: Approve Subdivision Agreement (Right-of-tray Landscaping) for SUB 8153
being developed by Windemere BLC Land Company, LLC, San Ramon area.
(District M)
BATE: December 3, 2002
PAGE: 2
II. Surety Bond
Bond Company: St.Paul Fire and Marine Insurance Company
Bund.Number and Date: ST 2230,August 14, 2002
Performance Amount: $16,500
Labor&Materials Amount: $8,750
Principal: Windemere BLC Land Company,LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way
Right-ofWay Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463) ,
Subdivision: SUB 8153 "` "'""'6+4 40;44- Effective Data:
Subdivider: Completion Period: 1 year
WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: A California limited liability Company
By:LEN-OBS Windetnere,LLC,
COt`,ITRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
Mau.,ice M. Shiu, Public Works Director BY:Lennar Homes ofCalsfomis,Inc.,
Managing Member
By: �'s�` r�'�"i"'� (signature)
(print name&Title) Don Larson,Vice President
RECOMMENDED FOR APPROVAL:
By: {signature} -'�'`
Engkieering Services Dlvm n {print na &Tit a Ly�nkchi Asst.Secretary
FORA 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"Cgynn ,"and the
abovc-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2 IMPROVEMENTS. Subdivider agrees to Install certain road improvements (both public and private), drainage improvements,
signs street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
imprcriement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work andjmprovements(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
ruling;; made thereunder, and where there Is a conflict between the improvement plans and the County Ordinance Code, the stricter
requir#tments shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the Ceunty rdinance Code,provide as security to the County:
A. For Performance and Guara tee• $._ 1.000.00 cash,plus additional security,in the amount of
16.500.00 which together total one hundred percent(100%)of the estimated cost of the work. .Such
ald bbehal security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
compictlon and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$__8.750.00 ,which is fifty percent(50%)of the estimated cost of the
work. r3uch security is presented 1n the form of:
Cash,certified check,or cashier's check
2; 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
fumishfg 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
securibf.)s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANT 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-year from and after the Board of Supervisors accepts the work as complete
in accordnce with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defeais in said work.
'T'he guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. FLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreemer . Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pesttontrol and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishrrient 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. t.4PROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accompllsh the
work as pe.omised in Section 2 and as required by the Conditions of Approval for the Subdivision. 1f, 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. O WAIVER BY QOUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agsint or employee 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 asprescribed;nor shall the County be thereby be stopped from bringing any
action for elamages arising from the failure to comply with any of the terms and conditions hereof.
8. Il~' MN n: 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,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 of:actions defined below,and including personal injury,death, property damage,Inverse condemnation,or any combination of
these, andregardiess 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 proceedings)concerning
said liabillUes and claims.
C< The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreer lent and attributable to the Subdivider, contractor,subcontractor,or any officer,agent,or employee of one or more of them;
C7 Non- nditlon : 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 indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent orwillful misconduct of
any Indemeiity.
9. �7 : Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities
required th�rreby.
10. ItIRV Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Rei d mmissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. N()N-PE8FQRMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement, and
subsequent:extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,end Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,Inspection,
surveys,co>:tract,overhead,etc.)Immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,In the event the
County prot,eeds to complete and/or maintain the work.
Or€ce action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider wbsequently completes the work.
Shijuld County sue to compel performance under this Agreement or to recover costs Incurred in completing or maintaining the
work,SubdOlder agrees to pay all attorney's fees,and all other expenses of litigation Incurred by County in connection therewith,even if
Subdivider Iubsequently proceeds to complete the work.
12. INC>OREO ATION/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/or any deposit,bond,or letter
of credit sewing 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. vORO MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.;
G1GrpNte\Eng,%cW ffnMG WORDIAG-34A.doc
Rev.May 18,240y.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Q frfmLn
y
County of _Con CAS,ca,
On 4(�Qf cs'� l"7_ .�-13Cl1• before me �_�_ -she tw ood rV� i c bey
DA t Name and Title of Ot icer(e. .,"Jena Dor,Nota Publics)
personally appeared � kil r~SOn Q li`)rl n 1jQj h rr_
ar**)of signer(a)
Vpersonally 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 hey executed the
{ same in f /their authorized capacity(les),and that by
�- DEBRA A.SHERWOOD
q COMM.#1313582 �/their signature(s)on the instrument the person(s),
NOTARY PUBLIC-CAUFORNIA0 or the entity upon behalf of which the person(s) acted,
CONTRA COSTA COUNTY 0
COMM.EXP.JULY lb,2005'` executed the instrument.
WITNESS my hand and official seal.
signature of N 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)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner--❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attomey-in-Pact ❑ Attomey-in-Fact
❑ Trustee ❑ Trustee
WHO
❑ Guardian or Conservator WINM ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here.
Suer Is Representing: Signer Is Representing:
0 1995 National Notary Association=8238 Rertxnrt Ave.,P.O.Box 7184+Canoga Park,CA 91309.7184 Prod.No.5907 Raoider.Call Tb(Wm a i-8Utk876.OW
e COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY:AUDITOR-CONTROLLER t.
TO THE TREASURER:
CALIFORNIA
RECEIVER FROM , • _may �,
ORGANIZATION NUMBER
1 �+1
y ey.-T c- (.A) a 1<s
(For Cash Collection Procedures see County AdminWmtor's Bulletin 105.)
DESCRIPTION FUND/ORCx CjCT TASK TION ACTIVITY AMOUNT
P 19A Q9 110Zs
31,6
L A.YA 4L A
11
1-43`�
LI-
T- 1 1 �
I All s 1 ,11111 111
EXPLANATIONr r'"� _. TOTAL $
'=�u o S-939L-61 } .�J DEPOSIT 1�013 .
` V _
-2/-
/I JAn
o DePcxilr consists csf tt►e foaawir>g
COIN and CURRENCY 5 meq!
CHECKS,M.Q.ET $ • !
BANK SI $ .
�j 7-/' r d C. ( C` (" FOR AUDITOR-C LER USE ONLY
Y � L• - a l
DEPOSIT
PERMIT pp
D93 754 AUG l '82
ASSIGNED
The grrwunf<>f m7 described above is herTreasurer`s receipt of above amount is Receipt of allow q hereby
depaffsriota Crxmty ui?s « �
- ,y'�t, .pate r
EXT. oumY Audi . De}x►h+Caxitj'T►easw
0134 REY..(7-41;
ZI RD
'Y
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 / 8130030: 61093882, $'38.108.00, 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, $8,291,00, 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 , SUB 8619 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: G1093869, $2,170,0, , RA 1133 Road Acceptance Cash Bond, Windemere BLC
Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-08001: 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 0000, 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, San Ramon,CA 94583
819800-0800: 61093881, $14.273,00, RA 1123 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093883, $7,201,00, DA 009/10 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093885, $13.2Q2, PA 0001 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
. �Ys
000678-9191 1 818800: 61094084, $706.500.00, SPRW EBMUD Easement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576
000678-9191 / 818800: 61094085, 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. , 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
000649-9665 / 813000: G1093860, $5W,00, RS 2693 Record of Survey Map Check Fee,
Patricia S.Mendell, 92 Lucille Way, Orinda,CA 94563
000649-9665 / 813000: G1093861, $5W.00, RS 2696 Record of Survey Map Check Fee,
RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek,CA 94596
000649-9665 / 813000: 61093862, 500.00, RS 2697 Record of Survey Map Check Fee,
Robert W. Randles &Ling Ling Li, i Chapparal Place, Orindo, CA 94563
000649-9665 / 813000: G1093864, 166.828.00, RA 1124 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: G1093866, 5 000 00, SUB 8619 Landscape Inspection Deposit,
Windemere BLC'Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 1813000: G1093868, $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
000649-9665 /'813000: 61093873, 000.00, SUB 8153 Landscape Inspection Deposit,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 /'813000: G1093874, ,00, SUB 8618 Landscape Inspection Deposit,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: G1093876, 1§,000.00, SUB 8156 Landscape Inspection Deposit,
Windemere BLC 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 Black Avenue, Suite#200,Pleasanton,CA 94566
Sabdivision.
Band No.; Sr 2230
Premium: $100.00
UMPROVEMENT SEcuRIT y BoNv
FOR Punic RiGHT OF WAY LANDSCAPE AGRITEWNT
(Performance,Guarantee,and Payment)
(California Government Code Sections 66462 and 6W3)
. al.Of T vtstaN AC 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 H 153 as
specified in the Subdivision Agreement(Dight ofWay ay Landscaping),and to complete said work within the
time specified for completion in the Subdivision Agre`enrent(Right of Way Landscaping),all in accordance
with State and locallaws and rulings thereunder in order to satisfy conditions for filing ofthe final Map or
Parcel Map for said Subdivision.
Z. OBLIQAnONt Windemere SLC Land Company, LLC iSP IIl ipi#1, 13d
St. Paul Fire and Marine Insurance Company ,acorporationorganized existing=krthela'
ofthe State of Minnesota , and authorised to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
swccessors, and assigns to the County of Contra Costa,California to pay it-
A. Performance and Guarantee: Sixteen Thousand Five Hundred Dollars(S 16,5 for itself or
any city assignee under the above County Subdivision Agreement,plus
B. Payment: Eight Thousand Seven Hundred Fifty Dollars($8,730.110)to secure the claims to which
reference is made in Title XV(commencing with Section 3082)ofPart 4 ofDivision M ofthe Civil
Code of the State of California.
3. EMrrrc N:
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 stared 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 bre kept and
performed at the time and in the manner therein specafi+ed,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 beoome
null and void,'otherwise it shall be and retrain in full force and effect.
L
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 attomey's fees,
incurred by County(or city assignee) in succe&"y enforcing such obligation,all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held $roily bound unto the County of Centra Cosm and all
contractors,subcon rotors,laborers,mater mens 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 tit Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the mount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorneys fees,
incurred by County(or city assignee:)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right ofaction to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
3C. leo alteration of said subdivision agreentent or any plan or specifleation of said work agreed to by the
Principal and the County shall relieve any Surety ftm liability on this bond;and consent is hereby
given to make:such alteration without further notice to or consent by Surety,and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken.
IG I)AND SEALEII on August 14, 2002
WINDEMERE BLC LAND COMPANY, LLC
By: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE
PMC PAL-. its manager 3i T'Ys INSURANCE COMPANY
A:ddrest: 3130 Craw Canyon, Suite 300 Address: 333 City Blvd. West #1100
City: San Ramon zw. 94583 City: Orangp,, CA gip• 92868
r
By: By:
Print N unlet: Lawrence H. T son Print Na=: Patricia H. Brebuer,
Title: Vice President Title: Attorney-in-Fact ---
Vn..Cw
G.%G3pD+C%i.bP ttWfrzeWtxMXAUCLIMSUB 91531L*1ZA-WC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On August 15, 2002 before me, S. McDonald, Notary Public, personally
appeared Lawrence H. Thomason, 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. " "
ms s. MSC DONALD
CornmLss an#12611983
�r Notary Pubilc-California
Orange County
My Cc nm.Ex0resApr1d,20G4
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: a
Corporate Officer—Vice President Lennar Homes of California Inc
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. ST2230
Number of Pages: Two (2)
Date of Document: August 14, 2002
Signers (other than those named above): Patricia H. Brebner
Q1,kLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,507
State of California
County of O nge
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)
personalty known t 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 heishetthey executed the same In
histherttheir authorized capacity(les), 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.
..� ---rWITNESS my hand and official seal.
ALEXIS H.BRYAN
Ccrt�miasifcn 0 1306736
Notary Public-Cafffarnf a �
orefige County SIGNA7U .OF NOTARY
My Cc m m,Expinw Jun 1,2005
14P RW
OPTIONAL
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could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE{S) ,
PARTNER(S) ❑ LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
:NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
?5 44871GEEF 2/98 01863 NATIONAL NOTARY ASSOCIATION.8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7154
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
Power:of Attorney No. 22775 Certificate No.
1401280
KNON.V 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.Pani Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the lav7s 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 Fi,elity 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.is a corporation duly organized under the laws of the State of Wisconsin('herein collectively called the "Companies'), and that the Companies do hereby make,
constitute 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?rity of Costa Mesa State California their true and lawful Attorneys)-in-Fact,
each ii their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contrasts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
perforfhance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS 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.Pari 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
MW Ww"MI"' 7 ,7 ,aaL say tNN 19Tf 11 PETER W.CARMAN,Vice President
State c,fMaryland
City 013`Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On thit 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W.Carman and
Thom,k E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marin::Insuraance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Campanies,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.
U
In Witiiress Whereof,I hereunto set my hand and official seal. � Nor
My Cimmission expires the 1 st day of July;2006. f'$b CmREBECCA EASLEY ONOKALA,Notary Publip
8620,$"Rev.7-2002 Printed In U.S.A.
Is
This 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, Se.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,reading as follows:
RUOLVED,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
accrr,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
Corrpany,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 Seal 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
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
such 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
execated 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
which it is validly attached;and
REk,OLVED 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
Attcmey 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 Attorneys)-in-Fact shall be as binding upon the Company as if signed by an
Executive 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
Underw iters,'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 effe3t and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August 2002
Q'xel: uc 'ta.► �� Thomas E.Huibr+egtse,Assistant Secretary
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask far the Power ofAtforney clerk. Please refer to the Power ofAltorney number,the
above-m-Imed individuals and the details of the bond to which the power is attached