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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-735 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3 2002 by the following vote: ' AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/735 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUIS 8156 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 8156 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 Bond 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 G.\QpData\EngSvc\130\2002\I2-03-021SUB 8156 BO-16.doc action taken and entered on the minutes of the Board of Orlglnator: Public Works(ES) Supervisors on the date shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTED. DECENBEK 03, 2002 Current Planning,Conununity Development JOHN SWEETEN,Clerk of the Board of Supervisors and T a September 2003 County Administrator Windemere BLC Land Company,LLC 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 Attn:Brian Olin By Deputy St.Paul Fire and Marine Insurance Company 333 City Blvd.West,#1100 Orange,CA 92868 RESOLUTION NO.2002/ 735 SUBJECT: Approve Subdivision Agreement (Right-of-Wary Landscaping) for SUB 8155 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 3, 2002 PAGE: 2 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2225,August 14, 2002 Performance Amount: $22,700 Labor&Materials Amount: $11,850 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. 2002/735 SUBDIVISION AGREEMENT (Right of Way Landscaping) / (Government Code§66462 and§66463) SubzIlivision: SLJB 8156( Effective Date: I Subklivider: /4 7�(�L�16ampletion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Mawlice M. Shiu, Public Works Director BY:Lennar Homes of California,Inc., Managing Member By: (signature (print name&Title) Larson,Vice President REC2MMENDED FOR APPROVAL: r By: Engineering Serv' es C}ivi I (signature (print name&Title) n Jocbim,As Secretary LOA 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§318.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Counter,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage Improvements, signs,. street lights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the impro?ernent plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with ti-e Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and ruling:: made thereunder; and where there Is a conflict between the improvement pians and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $_ 1000.00 cash,plus additional security,In the amount of $ 22,700.00 which together total one hundred percent(100%)of the estimated cost of the worts. Such additional 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 completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 11,850.00 _ ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented In the form of: Cash,certified check,or cashiers 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 furrrishig 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 securiti4s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. ,r 4. C-;iUARANTEE AND WARRANTY OF WOR , Subdivider guarantees that said work shall be free from defects in material or workmanhip and shall perform satisfactorily fora period of one-yearfrom and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adoqquately watering plants,replacing unsuitable plants,doing weed,rodent and other pestjcontrol and other work determined by the Public Works'Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. 1 PROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as peomised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised 7. hal WAIVER BY QQUNYY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, aft}nt or employee o 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 theSubdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for iamages arising from the failure to comply with any of the terms and conditions hereof. 8. li'DEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,cammissions,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, antfregardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),'or other proceeding(s)concerning said liabilities and claims. C The actions gausing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Sub-divider,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 has prepared,supplied,or approved any pian(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 or willful misconduct of any Indemnity. 9. T : Subdivider shall pay when due,all the costs of the worts, including Inspections thereof and relocating existing utilities required thIreby. 10. S LtJRV Y . 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 N ' • If Subdivider falls to complete the work within the time specified in this Agreement, and subsequert extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,rand 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. SL bdivider 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. Orice action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider»ubsequently completes the work. Should 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 tubsequentiy proceeds to complete the work. 12. 1WORPORATiON/ANN92L6JION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incirporated 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 securing said tights shall be transferred to the now or annexln city. Such city shall have all the rights of a third party beneficiary against S0divider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. in consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision, :k+wimp GAC*POrt&%Eng&,aFwr AA4 WORDIACr30A.doc Rev.May 15,2W.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Maw State of County of Lrr� On QfJ .{. S4- Ig} a',Ocyl­ before me.�,`�' ro l j4,,,SbeT1.cXX& l AZA_', Orb 0 oafs Name and Title of Officer(e.g.,' a floe.Notary P,+e) personally appeared _ C�t`SIJY"1 (A-tnA 1-u n i s J1)r,6ft, , Name( Signer{s) (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 that44ekbWhey executed the same in 41~their authorized capacity(ies),and that by r/their signature(s) on the instrument the person(s), *- DEBRA A.SHERWOOD COMM.*1313592 or the entity upon behalf of which the person(s) acted, NOTARY PUBLIC-CA' fORNfA executed the instrument. CONTRA COSTA COUNTY O 04PCOMM.EXP.JULY 1 b.2045'' WITNESS my hand and official seal. Signature of Notary Public OPTIONAL 'Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual 0 Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner--ED Limited ❑General ❑ Partner—O Limited 0 General Attorney-in-Fact ❑ Attomey-in-Fact © Trustee ❑ Trustee ❑ Guardian or Conservator } ❑ Guardian or Conservator ❑ Other: Top of thumb here 13 Other; Top of thumb here Signer Is Representing: Signer Is Representing: 01956 Na{onel Notary Association 8236 Pwvn et Ave.,P.O.Box 7184•Canoga Par+,CA 51309-7184 Prod.No.5807` Reorder Gap Tall-Free 1 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY.AUDITOR-CONTROLLER 1 TO THE TREASURER: MARTINEZ,CALIFORNIA ` RECEIVED FROM _ ORGANIZATION NUMBER (Fox Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG6 ACCT TASK OPTION ACTIVITY AMOUNT I's L 10-F -~ C ` L1 lob 0 0 T A 6, F i F F F F 1 E-XL PLOW tJNTOTAL 4j 4/` � � , o 9, } '.. DEPOSIT t f/ " � �. �� � ,_,. � �a `' Deposit consists of the#olkr�ring' COIN and CURRENCY' A CHECKS,M CX ET S BANK DEPOSIT $ _ r b �}(� ( FOR AUDITOR-C LLER USE OIS LY 766r C J o DEPOSIT PERMIT D NUMBE DATE ASSIGNED The amount�,f money descnbeol above is for Treasurer's receipt of above amount is oplomwed. Receipt of aborve aero 4 hereby deposit inM4 ss County sur} awledged �# �} Surd: Two.k,, #� je EXT3'—,Q3 t Deputy County Tic C5 34REV,(743) ;r Zl E �'DL L t7, f 000649-9665 ! 813000: 61093880, $114.684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093882, $58,108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093884, $111.724.00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, $8.291.00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093867, $1,000,001, 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, Son 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,Of), DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093885, $13.903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 Zoe- 000678-9191 f 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, $500.00, RS 2695 Record of Survey Map Check Fee, Bud LaVerne & Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521 000649-9665 / 813000: 61093859, $500, , RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville,CA 94526 000649-9665 / 813000: 61093860, $500, , RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda,CA 94563 000649-9665 1813000: 61093861, $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, 1 Chapparal Place, Orinda, CA 94563 000649.9665 / 813000: 61093864, $66,828, , RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 f 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 f 813000: 61093868, $13,365. , RA 1133 Road Inspection Acceptance, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 0006499665 / 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, 15,000,00, 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. , 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 Subdivision: SUB 8156{ -re:# T-M faad No.: ST 2226 Premium: $100.00 IMPROVEMENT SECUIUITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee, and Payment) (California Government Code.Sections 66462 and 66463) 1. RROTAL ctE§U§P1V1Sj0LAGURMINT: 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 8156 as specified in the Subdivision Agreement(Right of WWLandscaping),and to complete said wont within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereun&r in order to satisfy conditions for filing ofthe Final Map or Parcel Map for said Subdivision. OBLIGATION` Windemere BLC Land Company, LLC .asF'rincip Land St. Paul Fire and Marine Insurance Company aColloranonorganized existing under the laws ofthe 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 Guarantee.- Twenty-two Thousand Seven Hundred Dollars ($22,700.00) for itself or any city assignee under the above County Subdivision Agreement, plus R. Payment: Eleven Thousand Eight Hundred Fifty Dollars($11,850.00)to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III ofthe Civil Code of the State of California. 3. CONDITION` A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs.executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereofmade as therein provided,on is or its fart,w 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,thtm this obligation shall become null and void;otherwise it shall be and remain in full force and effect. Y As pare of the obligation secured hereby and in addition to the face amount specifiead therefore,these shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assigned in succea ally enforcing such obligation,all to be taxed as cots and included in any judgemeaat 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 Contm Costa and all contractors,subcontrar.ors,iaborts,rnatewrW men and other persons employed in the perfoitn uxe:of the aforesaid agreement and referred to in tht afores sad Civil Code;for materials f miished 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 p4y the sante in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon flus bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's &ts, incurred by County(or city assignee)in successfully enforcing such obligation,to be awar4ed and fined by the covet,and to be Mixed as costs and to be included in the judge mem 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 15(co-mmencing with Section 308.2)of Part 4 of Division 3 ofthe Civil Code,so as to give a right of action to there or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shad become null and void, otherwise it shall be and remain in tail force and effect- ,C- No alteration ofsaid subdivision agreement or any plata or specification ofsaid work agreed to by the Principal and the County shall relieve any Surety from liability on this bond,and consent is htrcby 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 itselfbound without regard to and independently of any action against Principal whenever taken. zgI. q AND SEALED on August 14, 2002 -INDEMERE BLC LAND COMPANY, LLC Sys LE M" HOMES OF CALIFORNIA, INC. ST' PAUL FIRE AND MARINE PMOT` A]L.- its manager SiLWTY: INSURANCE COMPANY Address": 3130 Crow Canyon, Suite 3001 Address: 333 Cit Blvd. West #1100 City. San Raman i 94 83 City; Oran CA gip; 92868 By: Print Na Int.< Lawren H. T Asan Print Name: Patricia H. Brebuer Title: Vice President Title: Attorney-in-Fact WL 4w G-%GMX+Q1ER5WkwWteW20r VWVjMS03SIS361*JZA-*C CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orang—e 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 ,y/�/y �y, ,} }�Ctf�lY'✓ f t..t1!1„ s'"roti Cf"l`"1�4: p 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. ST2226 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.5907 State of Califomia County of Change 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 i 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(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. ALEXIS M.BRYAN WITNESS my hand and official seal. + Commission 0 13067361 Notary Public-California 7 Orange County My Comm,Expires Jun 1,2005 SIG RE OF NOTARY OPTIONAL Tt►ough 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 fora. 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: 111GNER IS REPRESENTING: DATE OF DOCUMENT SAME OF PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 Cr 1993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Box 7184•Canoga Perk,CA 91309.7184 7hetul POWER OF ATTORNEY StP 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. 1401277 4('lZ Z'7 KNOW, ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duty organized under the laws of the State of New York,and that St.Pat31 Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws 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 Fac 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.isA, corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, consti6te 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 ity of Costa Mesa State California their true and lawful Attomey(s)-in-Fact, each iz thein 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 perfor_iance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WETNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 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,Vice President State c Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On th,14 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W. Carman and Thomas E.Huibrepe,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marina Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guam.=sty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said{ )mpanies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In VWness Whereof,I hereunto set my hand and official seal. O§Nor4j"�' My Commission expires the Ist day of July,2006. REBECCA EASLEYONOKALA,Notary Publif 8620; Rev,7-2002 Printed in U.S.A. t • n n R T}:s 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 e;-d Marine Insurance Company, St.Paul Guardian Insurance Company St,Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelit-.i and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2,1998,which resolutions are now in full force and effect,`jeading 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;:aid 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 aecurdance 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 Co#npany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, unttr their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and theseal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes onl�r of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any S'uc>i 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 exe;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 whtdm it is validly attached;and RE1,3OLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Atrs."trey 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 wrhings 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 Exe utive Officer and sealed and attested to by the Secretary of the Company. 1,Thorr'm E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Pain Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwiters,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 effewt and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of Augus 2002 �vt<y pM �wr� ��xOW� AAp J Thomas E.Huibregtse,Assistant Socretary To vers,f;the authendcity of this Power ojAttorney,call 1-800-421-3880 and ask for the Power ofAttorney clerk. Please refer to the Power ofAnorney number,the abore-rr�med individuals and the details of the bond to which the power is attached