HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-732 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 3,2002,by the fallowing vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAUINIER, GLOM, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20021 73
SUBJECT: Approve Subdivision Agreement (Right-of--Way Landscaping) for SUB 8155
being developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley)area. (District M)
The following document was presented for Board approval this date for, SUB 8155
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: $1,000.00
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 action
G: Data\Enssvc�30\2002o12-03-02iSUa 81551ao-1 .doc taken and entered on the minutes of the Board of Supervisors on
Originator: Public Warks(ES) the date shown.
Contact, Warren Lai(313-2408)
cc: Public Works- T.Bell,Construction ATTESTED: DECEMBER 03. 2002
Current Planning,Community Development JOLT SWEETEN,Clerk of the Board of Supervisors and County
T—September 2003 Administrator fi
Windemere BLC Land Company,LLC
3130 Crow Canyon Place,Suite#310
San Raman,CA 94583
Attn: B.OlinDeputy
St.Paul Fire and Marine Insurance Company By
333 City Blvd.West,#1100
Orange,CA 92868
RESOLUTION NO.2002/ 732
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8155
being developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District IIT)
DATE: December 3, 2002
PAGE: 2
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST 2227, August 14, 2002
Performance Amount: $25,100.00
Labor&Materials Amount: $13,050.00
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. 2002/732
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subs ivision: SUB 8155(X-REF SUB 7976) Effective Date:
Subdivider: Completion Period: 1 year
WINDEMERE BLC LAPID COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: ACalifornia linritedliability Company
By:LEN-OBS Windemere,LLC,
CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
Maurice M.Shiu, Public Works Director BY:Canner Homes of California,Inc.,
Managing Member
By: (signature)
(print name&Title on,Vice President
RE OMMENDED FOR APPROV
L
BY (signature}
Engl-ileering Services lVl on (print n i e) ynn Jochim, sat.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"Count ,"and the
above-mentioned Sybdivider,mutually promise and agree as follows concerning this subdivision:
2. 1 PROVF.MENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements,
signs:i street lights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the
impra.vement 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 and Improvements(hereinafter called"work")within the above completion period from date
hereu as required by the California Subdivision Map act(Government Code§§66410 and following),In a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
ruling 3 made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requrrements shall govern.
3. IMPROVEME IST,SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the Caunty Ordinance Code,provide as security to the County:
A. Por Performance-and Guarantee: $ 1000.00 dash,plias additional security,in the amount of
$ 25,100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such
additio,nal security is presented In the form o
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
comp€:tion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B For Payment: Security in the amount of$ 13 050.(70 which is fifty percent(50%)of the estimated oast
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnist~jng 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
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
' t
4. ;GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmansiip and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordalce with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defect in said work.
Tie guarantee period does not apply to road improvements for private roads which are not to be accepted Into the County road
system.
5. PM ANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreemeW.:. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest. ontrol and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discref on of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. 1111PROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accompplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the 1:3oard of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect, S Jbdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NIQ WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agOnt or employee o the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptant.3 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. iNDEM�VM ITY_: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A The i mniti s benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,`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 o� actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of
these,and.regardless 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
said liabili(ies and claims.
C Theactign§causin liability are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreernent and attributable to the ubdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D> Non-Conditlons: 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 Indemnity.
9. Q2=: Subdivider shall pay when due,all the costs of the work, including Inspections thereof and relocating existing utilities
required Wareby.
10. SI V,Fye. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time.specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,:send Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
St.1bdivider hereby consents to entry on the subdivision property by the County and Its forces,including contractors,In the event the
County prC,Needs to complete and/or maintain the work.
Oce action Is taken b County to complete or maintain the work,Subdivider agrees to pay all costs Incurred by the County,even if
Subdividersubsequently completes the work.
&.ould 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
Subdivider'subsequently proceeds to complete the work.
12. j_lQOr ORATIONtANNEXATICN. if,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory inprporated 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 seiuring 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. RIkCORU MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kwlap
GAGrpNLMEV vclFom*\AG woeenaa-30A.doe
rtay.May 18.21 l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of t t r f7 i It
County of Ca*rGl C Sf"cL
On 4" N before A.-S heflk(Y1Gi , d
D to i ,CLr`Sdr t''.nGt Name and Title of Ofter(e.g.,"J Doe,Notary blic-)
personally appeared 1` n n Uai 6, , ,
Nam(s) ignar(a)
DF—personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) mare subscribed to the within instrument
and acknowledged to me that hefshe/they executed the
WNOTARYPONTRA
EBRA A.SHERWOOD
same in hitr/their authorized capacity(ies),and that by
0COMM.#1313582 9 hisftivr/their signature(s)on the instrument the person(s),
UBLIC-CALIFORNiA0 or the entity upon behalf of which the persons) acted,
COSTA COUNTYOMM.EXP.JULY 16.2005executed the instrument.
WITNESS my an and official seal
Signature of Notary P
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
❑ Attorney-In-Fact ❑ Attomey-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator "
❑ Other: Top of thumb hers ❑ Other: Top of thumb here.
Signer Is Representing: Signer Is Representing:
01995 Nt AMW Notary ABUXWM•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 01309-7184 Prod.No.5807 Reorder.CNH Totes-Free 1-800-B76-6827
R
COUNTY OF CONTRA COSTA
w DEPOSIT PERMIT
OFFICE OF COUNTY.AUDITOR-CONTROLLER
TO THE TI EASURER: MARTHM CALIFORNIA
RECEIVEDFROM " /,��•
ORGANIZATION NUMBER CO
tom)
(For Cash Collection Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG ACCT TASK OPTION ACTIVITY AMOUNT
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EXPLANA10N: -
DEPOSIT
$
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Deposit corwsh of ff*,
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CHECKS,MO,ET $ �
BANK DEPOSIT $ --
- FOR AUDITOR-C{)tr
LER USE ONLY
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DEPOSIT
PERMIT (3P
UMB
D' 9,1754 'AUG 1 '
ASSEGN�D
The a um t of morW described o>bom is foris he
Treasurer's receipt of above amount is approved
Receipt of ot�ove reby
depow into Catmty acknowledged
._ Date 424t�6
c /I " - "ct
.�*e/
Tit�b Ex> - Deputy:Courti!}.T
Dtaa Rev-{T-P�) )
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: G1093882, $58.108.{)0, 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, $1,000,00, SUB 8619 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, Son 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, 12,000,00, 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, Son Ramon, CA 94583
819800-0800: 61093885, $13.903.00, PA 0001 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000678-9191 / 818800: 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: G1094085, $72.834.00, SPRW EBMUD Temporary Easement, East
Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623
000649-9665 / 813000: G1093858, $500.00, RS 2695 Record of Survey Map Check Fee,
Bud LoVerne &Rosalia Simmons, 3859 Joan Avenue,Concord,CA 94521
000649-9665 / 813000: G1093859, $500.{34, RS 2694 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526
000649-9665 / 813000: 61093860, M, RS 2693 Record of Survey Map Check Fee,
Patricia S. Mendell, 92 Lucille Way, Orinda,CA 94563
000649-9665 / 813000: G1093861, $M. , 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, 1 Chapparal Place, ®rinda, CA 94563
000649-9665 / 813000: G1093864, $66828.00, 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,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61.093868, $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, $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
000649-9665 / 813000: 61093876, $5,000,00, SUB 8156 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093878, $11478.00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC,4456 Black Avenue, Suite#200, Pleasanton, CA 94566
Subdivision: X81 l -r 7976)
Bond No.: ST 2227
Premium: $100.00
IMPROVEMENT SECURITY]BONA
FOR PUBLIC RIGHT OF WAX LANDSCAPE AGREEMENT
(performance,Guarantee,and Payment)
(California Government Code Sections 66462 and 66463)
1. RECIT&L of Sunntvtstox AGREEA JNT: 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 8155 as
specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said worm within the
time specified for completion in the Subdivision Agreement(Might of Way Landscaping),all in accordance
with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final map or
Parcel Map for said Subdivision.
2. OBLIGATION: Windemere BLC Land Company, LLC asftripal,wd
St. Paul Fire and Marine insurance Com
trarty of the State of Minnesota and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to The County of Contra Costa,California to pay it:
A. Performance and Cuarautee: Twenty-five Thousand One hundred Dollars($25,100.00)for itself
or any city assignee under the above County Subdivision Agreement,plus
B. Payment: Thirteen Thousand Fifty Dollars($13,050.00)to secure the claims to which reference is
made in Title XV(commencing with Section 3082)of Part 4 of Division IIS of the Civil Code ofthe
State of California
3. COri�tIll'iLott:
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 beep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
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 firmly bound unto the County of Centra Costit and all
contractors,subcontractors,laborers,.material men and other persons employed in the perfcumance 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 exceeding the amount herein
above set forth, and also in case suit is brought upon tins bond, will pay, in addition to the fact
amount uh f, casts and reasonable expenses and fees, including reasonable anariney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court,and to be taxa as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed than this band shall inure to the benefit of any and all
persons,companies and corporations entitled m We claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bored be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
. No alteration of said subdivision agreement or any plan or specification of said wntk agreed to by the
Principal and the County shall relieve any Surety itom liability on this bond;and consent is hereby
given to snake such alteration without fiuthcr 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 againa Principal whenever taken.
IGNED AND SEALE12 on_ August 14, 2002
VINDEMERE BLC LAND COMPANY, LLC
Y.y: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE
PMC,.-MAL.- . its manager SU TV: INSURANCE COMPANY
Address: 3130 Crow Canyon, Suite 300 Address: 333 Citz Blvd. West #1100
City: _ San Ramon 94583 City: Oranph, CA : 92868
By; By:
Print N IriC. Lawrence H. mpson .PrintNarne: Patricia H. Brebaer
Title. Vice President Title:: Attorney-in-Fact
MAW
G.1L3zpD4a5Er��tuVameu+2UD2twu�u�t5U8�t133 bpi-t2,�lriac
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On August 15, 2002 before me, S. McDonald, Notary Public, personally
appeared Lawrence H. Thompson, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. `
i .bx.:G..yww +.k rNy; Tv✓"sa,.,..'A. t3"4"9�• "_W
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:
Cor2orate Officer—Vice President Lennar Homes of California. Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of document: Improvement Bond No ST2227
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 Califomia
County of Clriuie
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- 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
ALEXIS K BRYAN
_
Notary
P alcn N'13067Califo 5 WITNESS m hand and official seal.
Notary Pub!sC-Cislifamia � y
Orange county
My Comm.Expires Jun 1,2005
SIGNA7RE 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) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
fIAME of PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
40671GEEF 2198 01963 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Box 71 ed•canoes Park,CA 91309.7184
' 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.t°of Attorney No. 22775 Certificate No. 1401276
KN(I 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.Ywl Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the ls_vs 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 Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,
Inc.i:?a corporation duly organized under the laws of the State of Wisconsin*rein collectively called the "Companies'), and that the Companies do hereby make,
consv,tate 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 City of Costa Mesa State California their true and lawful Attorney(s)-in-Fact,
each i;'t 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,
contre 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
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN AITNESS 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
'� yT ■OM1� ppMO'\M7}� °"�..
PETER W.CARMAN,Vice President
State Q:.Maryland
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
Thomrti E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
MarineInsurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guam y Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.,and that the seals affixed to the foregoing instrument art the corporate seals of
said Ccmpaniesr 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
corporolions by themselves as duly authorized officers.
In Wlttess Whereof,I hereunto set my hand and official seal. "IAY
My Commission expires the I st day of July,2006. s REBECCA EASLEY-ONOKALA,Notary Public
86203 Nev.7-2002 Printed in U.S.A.
Tl s Power of Attorney is granted under and by the authority of the following resolutions adopted by the Hoards of Directors of Seaboard Surety Company,St.Paul
Fire sad Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fidelit7 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:
RtSOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to#aid business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
un er 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 Attorney(a)-in-Fact for purposes
onV of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
su 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
ext�,uted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
wti-h it is validly attached;and
REiOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Att6rney 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
wrNngs obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Ext-utive Officer and sealed and attested to by the Secretary of the Company.
1,Thoreas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Pau#Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Undenhriters,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 efft-vt and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this_14th day of August 2002
�: ,r..;'�' +!$�'M '��► �pN,�� •� •ate..
Thomas E.Huibregtse,Assistant Secretary
To vert.-the authenticity of this Power ufAttorney,call 1-800-421-3880 and ask for the Power ofAtterney clerk. Please refer to the Power of Attorney number,the
above-rp zmed Individuals and the details of the bond to which the power is attached