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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-739 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: 1C.► AYES: SUPERVISORS UIU(EMA, GERBER, DESAULNIER, GLOVER AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/- 739 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8619 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) "The following document was presented for Board approval this date for SUB 8619 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: L Cash Bond Deposit Amount: $1,000 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 391754,August 21,-2002 WL:cw I hereby certify that this is a true and correct copy of an G:1CvrpDatalEngSvclBOl2002112-03-021SUB$big F10-16.doc action taken and entered on the minutes of the Board of Originator: Public works(ES) Supervisors on the date shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTED: DECEMBER 03, 2Q02 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T-10-03-03 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 Attn:Patricia H.Brebnor RESOLUTION NO.2002/ 739 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8619 being developed by Windernere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District EI} DATE: December 3, 2002 :PAGE: 2 H. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2231,August 14, 2002 Performance Amount: $19,500 Labor&Materials Amount: $10,250 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. RESOLUrION NO. 2002/739 4. al` .GRANTEE AND WARRANTY 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-yearfrom and after the Board of Supervisors accepts the work as complete in accordan<e 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. Thai guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. aLIkNT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement.:ai plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest a.mtrol and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishmet 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, irJN f1R0VE ENT PLAN_W_. RA RANTY. Subdivider warrants the Improvement plans for the work are adequate to accomplish the work as prmnised in Section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board of Supervisoreaccepts the work as complete or during the one-year guarantee period,said improvement plans prove to be Inadequate in any respect, Su(idivider shall make whatever changes are necessary to accomplish the work as promised. 7. N WAIVE BY CQI�NTY. inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, ager`t or empoyee of the County Indicating the work or any part thereof complies with the requirements of this Agreement, or acceptancef 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 obligat€on 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. it Com: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A. The nitles benefitted and protected by this promise are the County,and Its special district,elective and appointive boards,commissions,officers, agents,and employees. B. The Ilabilltie§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, and rI.3gardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvemeo.t pians 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. Thea ctIons causina liabillty are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreem-ant and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditiong: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee Pias 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 indemnrty. 9. Subdivider shall pay when due,all the costs of the work,Including inspections thereof and,relocating existing utilities required the`}eby. 10. $Lk VgYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Rowl Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NC N-PERFORMANQE AND T : if Subdivider fails 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,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,Inspection, surveys,cortract,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 prod3eds to complete and/or maintain the work. Ow a action is taken b County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. ShkIuld County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the work, Subdltider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider akabsequentiy proceeds to complete the work. 12. IN,ORPORATI N/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incl} Sorated as a city oris annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Suttidivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. R, ';ORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kwlap G.AGrp0atzkEm9Si::kom*AG WORMAG-30A.doc Rev.May 18,2001: SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66460 Subdivislon: SUB $619 6-j j@E "`' ;r� Effective nate: Subdivider: /�,��1/� �� ,"' Completion Period: 1 vear WINDEMERE BLC LAND COMPANY LLC, THEE" SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, ONTRA COSTA QOUNTY S_UBDIVID�R: A Delaware limited liability company Managing Member Maurin M. Shiu, Public Works director BY:Lermar Homes of California,Inc., Managing Member r � By. �! 1 � (signature} {print name&Title} n n,Vice Presrdtnt RECOMMENDED FOR APPROVAL: By (signature} EnginB�/ringServi e5ricitor 10 (print name& itl n ochim, Secretary FORM>>aPPROVED: 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.) RT1F.S&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called" ty, above-rr<3ntionad Divi eer,mutually promise and agree as follows concerning this subdivision: Coun ^and the 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. improven ent pians 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 hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner, in accordarte with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings rri3de thereunder, and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirernonts shall govern. 3. ,i'4iPRC7V n NT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the Comy Ordinance de,provide as security to the County: .s. For PerformancR anntee $__ 1000.00 cash,plus additional security, 19.500.00 which together total one hundred percent(100%)of the estimated cost f the work Such additionat'security is presented In the form of: Cash,certified check or cashiers check. . X Acceptable corporate surety bond. Acceptable irrevocable letter of credit, V,.f ith this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion: and acceptance against any defective workmanship or materials or any unsatisfactory performance. R For Payment: Security In the amount of$_ 0.250.00which is fifty percent(50%)of the estimated cost of the work; Such security is presented in the form of: Cash,certified check,or cashier's check XAcceptable corporate surety bond. Acceptable irrevocable letter of credit. Wath this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing Wbor or materials to them or to the Subdivider. securities rray be educed in atcco accordance with§94-4.406 and§94-4.408 of the Ordinance Coden request of the Subdivider,the amount CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of county of _ C=4r �L Coa On o� � before me,l�P/ 1 l�t�• t Data Nanta and Tnie of Of er(a.g.,'J"Do*,Notary bik") personally appeared -- MO C 0 Od Linn :To+� ) 11111 r Ni )of Signer(s) € ersonaliy 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 heMhe/they executed the same in hfsA"r/their authorized capacity(ies),and that by r DEBRA Aa a.SHERW©-D hisAw/their signature(s) on the instrument the person(s), 0 NOTARY M C CAU ORNIALJ or the entity upon behalf of which the person(s) acted, CONTRA COSTA COUNTY $X9CUted the instrument. COMM.EXP.JULY 16,3(7t)S''' WITNESS my hand and official seal. 2e V Q 1�2 Signature of Notary PW11c 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 'itle or Type of Document: Document Date: Number of pages: 03igner(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) S aner's Name: Signer's Name: 0 Individual ❑ Individual 0 Corporate Officer ❑ Corporate Officer Title(s): Title(s): CJ partner—❑ Limited, ❑General ❑ Partner—❑ Limited ❑ General ;_J Attorney-in-Fact d Attorney-impact a'7 Trusteer r Cl Trustee w Guardian or Conservator ❑ Guardian or Conservator �)� -_1 Other Top csf thumb here ,❑ Other: Tap of thumb here. Signer Is Representing: Signer Is Representing: 01888 Nations]NotaryAsaWaWn•8239 Rwrw*Aw.,P.O,9"7104•Canoga Park,CA 67308.7184 Prod.No.860'r Asordw.Call Tall-Free 1.800.876.982'] '-VVf4I Y iA'WN 1 KA t Ub IA Wrl DEPOSIT PERMIT OFFICE OF COUNT,.AUDITCOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA - RECEIVED AlOM ORGANIZATION NUMBER &3 (For Cash Collection Pwodures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG U TCT. ASK OPTION ACTIVITY AMOUNT L�—)jo 41 jjQL-6y 7(o — �l 1 1111 c; 1 , 1� r - ` ( ' 1 f � 3:3 1 1�� ' c 1 ICJ I - 1 1 1 EXPLANATlC��i: ,..- . { w v TOTAL '{ ' w� DEPOSIT V4 b5 D obit CanflStS Of the{ot=6;dwl ;I i11g COIN and CURRENCYp CHECKS,MCET r BANK DEPOSIT $ . r ` C° ' FOR AUDITOR-C T LER USE ONLY 2`0 DEPOSIT C I C PERMIT DP - "T 'I!U ' +`1 ASSIGNED The amount of rwiey described above,is for Tniasurer'a n`coipt of above amount is deposit 1,1,3 Caunty approved, Receipt=c� Dots EXT. , " D.3 I REV! {7.931Cou^tj'Troosunr 4, 000678-9191 / 818800: 61094084, S70fr,500.00, SPRW EBMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576 000678-9191 / 818800; 61094085, 7Z '400, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: 61093858, $.100,00, R5 2695 Record of Survey Map Check Fee, Bud LaVerne & Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521 000649-9665 / 813000: 61093859, $00,, 0, RS 2694 Record of Survey Map Check Fee, De8olt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 / 813000: 61093860, $500,QO, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563 000649-9665 / 813000: 61093861, t0, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596 000649-9665 / 813000: 61093862, 5570 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, $66,898,00, 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, , SUB 8619 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093868, 112,1§5,0_0, RA 1133 Road Inspection Acceptance, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093870, $tjQgg.0o, SUB 8155 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093873, 5.5301 , SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093874, X00, SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093876, $5,pW,00, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093878, 1 i 450, 5U6 8262 Inspection Fee Deposit, Sherman Ranch LLC,4456 Black Avenue, Suite #200, Pleasanton, CA 94566 000649-9665 / 813000: 61093880, $114,684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093882, $'58.108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093884, $111,724,00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, $8,291, , RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093867, $1.M.1 SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800. 61093869,$2170._00, RA 1133 Road Acceptance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: G1093871, 11.000.00, SUB 8155 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: G1093872, 1.1,000.00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093875, $1-000,00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093877, , x2.000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton,CA 94566 819800-0800: G1093879, $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: G1093881, $14,273.00, RA 1123 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093883, $7,201, , DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093885, $13.90 , PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 As part of the obligation secured hereby and in addition to the face a motmt specified therefore,them shall be: included costs and reasonable expenses and fees, including reasonable attomeys fees„ incurred by County(or city assignee).in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 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 Contra Casty and all contractors,subconuvzt ars,laborers,material men and other persons employed in the performance of the:aforesaid agreement and referred to in the aforesaid Civil Code for maeriah furnishtxi or labor Thereon ofauykind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sante in An Mount not exceeding the Amount herein above set forth, and also in case suit is brought upon the bo=ld, 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 uixead as casts 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,compaWets 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 of action 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. . No Alteration of said subdivision agree rnew or any plan or specification ofsaid.wo*Agreed to by the Principal and the County shall relieve any Surety ftom liability on this bond;and consent is hereby given to make such alteration without Au-cher 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. AND SEALED on --- August 14, 2002 Wy>NDDMRE BLC LAND COMPANY, LLC B;}t LENNAR HOMES OF CALIFORNIA, INC. ST- PAUL FIRE AND MARINE PMWAIL: its manager SMETY. INSURANCE COMPANY Address. 3130 Crow- Canyon, Suite 300 Address: 333 City Blvd. West x`1100 City: San Ramon i 94583 City: Ora , CA Z4p. 92868 By: y. L B ' .�� Frith Nat, a to. Lawrence H. Thom on Print Name: Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact '4V3..cw ti.�Gxp�.clEa�dcw�mratztx�xlwu�sc�st3�a33��r�tzA.sksc Subdivision: SUB 861 Bond No.; ST 2231 Premium: $100.00 IMPRovEm$NT SECURITY BOND FOR Punic I iGHT OF WAY LANDSCA S AGREEMENT (Performance, Ch arantee,and Payment) (California Government Code Sections 6W2 and 66463) 1. REWAL OF SURry IONR-f:V-MrNT; The Principal has executed an agreement wiTh the Counry to mstall and pay for public right of way landscaping,and other related irnprovements in Subdivision 8619 as Specified in the Subdivision Agree nt(Right of Wayescaping}.and to complete said work within the firm specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance YAnth 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. BLIG�►, N: ___ Windemere BLC Land Company, LLCP jp Al St. Paul Fire and Marine Insurance Company 4capprappn,o� under the law )If the State of Minnesota and authorized to transact surety busium in (,ralifomia, as Surety, hereby jointly and sevzrally bind ourselves, our heirs, executors, administrators, s,uccessors, and assigns to the County of Contra Costa,California to pay it: -eL Performance and Guarantee- Nineteen Thousand Five Hundred Dollars($19,500.00)for itself or any city assignee under the above County Subdivision Agmcmcut,plus 'l. Payment: Ten 'Thousand Two Hundred Fifty Dollars ($10,250.00) to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division M of the Civil Cade of the State of California. 3. ("ZONVITUN: 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 pmvisioz in the said agreement and any alteration thereof made as therein provided,on is or its pati,to be kept and performed at the time ami in the rnanmcr 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 crxrployecs,as therein stipulated,then this obligation shall becomg null and void; otherwise it dWl be and remain in full force and affect. 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. ' ` ' ''" "°s .. w .ti.. D 3Nill Noicoy Public•-California J1 hu: Orange County My Comm.Expres Apr l&2i;04 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. ST2231 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 Calif'amia County of orange On August 14, 2002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER($) personally known to me-OR- ❑ proved to me on the basis Of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacky(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 M.BRYAN ComMiasio111101306738 WITNESS my hand and official seal. tee► Notary Public-California Oranve cauntp MY Conlin Expires Jun 1,2005 C SIGNAnjE 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 NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4097/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 14;gPa u1 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 No22775 ! Y . Certificate No. 1 140128 KNCl`?'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.Pail Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the la*is 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.inti a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, consti>:ute 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>-i of Costa Mesa. ,State California y{) . ty ,their true and lawful Attorne s an-Fact, each a 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, conte 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 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.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 q ,�sBAL �, #,ttxgA tllsi j�7'j a � i PETER W.CARMAN,Vice President Its State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On tht; 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marini Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guarwy Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Csnmpanies;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, c✓REA r - In Witless Whereof,I hereunto set my hand and official seal. %!401, My Cca�mission expires the 1st day of July,2005. REBECCA EASLEY-ONOICALA,Notary Publip rqf cit t" 88203 Rev.7-2002 Printed in U.S.A. r fid s Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Suit Company,d Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaran Com �and Guaranty t3 p y,St,Paul ty Insurance Company and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and and as follows: $OLVEYt,that in connection with the fideli and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating;id business may be signed,txeeuttd,and scknowled d by rdance with these resolutions. Said Powers)of Aorney foreand on behalf of rsons or entities the Campymgy �shQIFbz executed in the Warne and on]sthalf ofthepursuant to a Power of Attorney issued in1pany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the SecretT their respective designations. The signature of such officers may be engraved, �y or an Assistant Secretary, the.:eal of the Company may be affixed by facsimile to any Power of Attorney or o any tcertificate g lat ng thereto appointing Attorney(s)-in-Fact ed, The signature of each of the foregoing officers and only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,an for purposes SUCK Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and an such exee:;rted and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking o which it is validly attached;and Y power so RESOLVED 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 Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and othof er writings obligatory in the nature thereof,and any such instrument executed by such Attome s-in-Fact shall be as binding upon the Company as if signed b an Executive Officer and staled and attested to by the Secretary of the Company. Y{) ` 8 Y 1,T'hornsi 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 Underwnters,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 effecs and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this1 4th day of August 2002 Std ► c #�s6AL ffiaxLjy]b f26TWw"Ok A Thomas E.Iluibregtse,Assistant Secretary 10 %,&V --/�To verify ate authenticity of this Power ofAttorney,call 1-804-421-3880 and ask for the Power ofAttorney clerk please refer to the Power ofAttorney number,the above-named individuals and the details of the bond to which the power is attached