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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-280 f� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 6, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/280 SUBJECT: Approval of Road Improvement Agreement for Phase III Tank Access Road, RA 1131, (Cross-reference SUB 7976), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Phase III Tank Access Road, road acceptance file RA 1131 (Cross-reference SUB 7976) property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement,within one year from the date of said agreement.Improvements generally consist ofroad and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator Public Works(ES) on the date shown. Contact: T.Rie(313-2363) LT:nn Gs\GTp sataw.ngsvc\so\2003\5-OM31RA 1131 BO-15.&c ATTESTED: MAY OEi 200 I cc: Public Works-T.Bell,Construction ► Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T—Feb.8,2004 Windemere BLC Lana Company,LLC County Administrator Brian Olin 3130 Crow Canyon Place#310 San Ramon,CA 94583 Fidelity and Deposit Company of Maryland Patricia H.Brebner By ,Deputy 225 S.Lake Avenue#700 Pasadena,CA 91101 RESOLUTION NO.2003/ 280 SUBJECT: Approval of Road Improvement Agreement for Phase III Tank Access Road, RA 1131, (Cross-reference SUB 7976), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: May 6, 2003 PAGE: 2 I. Cash Bond Performance Amount: $3,990.00 Auditor's Deposit Permit No. DP 402241 Date: March 18, 2003 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Fidelity and Ddposit Company of Maryland Bond Number and Date: 0864 1755 March 6, 2003 Performance Amount: $395,010.00 Labor&Materials Amount: $199,500.00 Principal: Windemere BLC Land Company,LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/280 �(aAI7 IMPRQY��,AGREEMENT Developer. Effective Date: VT 7 ..� Development; ASUB 79 6Completion Period: WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company Road: RA 1131 {Cross Ref SLAB 79761 By:LEN-OBS Windemcre,LLC, A Delaware limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENTHERETO: Managing Member BY:Lennar Homes of California,Inc., CQNUA!;QSTA COC IN I DEVELOPER Managing Member Maurice M.Shiu,Public Works Director (signature) (print name&Title} .Vice Prost t By: V (signature} By: (print name&Title) ynn loch' ,Asst.Secretary Engineering S i vis on FSA PROVED: Victor J. Westman,County Counsel (NOTE: All sipnatstres to be acimmledgad. If Subdivider is ineoporau4 sipaturas must confw=with the designated representative groups pursuant to Corpo moors Code3313.) I. PARTIES DATE.Effective on the above date,the County of Contra Costa„California,heseinaft called"Cmty,"and the above-mentioned mutually promise and agree as follows concerning this development: 2. JMPRQyLAE= 1'leveloperagmes to install certain road improvements(both public and private),drainage iinprovements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as mqu and in the improvement plana for this developmem as reviewed and, on file withthe ContraCosta CountyPublic Wo*s Department and in conformance wih the Contin Costa County Ordinance Code(including fbtureamendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike rnatmer,in accordance whit accepted construction pracdcts and in a manner equal or superior to the mquirements of the County Ordinance Code and rulings made thereunder;and whore there is a conflict between the improvement plow and the County Ordinance Code,the stricter mquimments shall govern. 3. IhVRQVEhaM SEQ=. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. Embdg 1 em and "M te:S 3,990.00 cash,plus additional security,in the amount of S 393.010.0(1 which together total one hundred percent(I 009'0)of the estimated cost of the work. 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 Developer 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 S 199SOOA0 which is fifty percent(30%)of the estinuad coat of the woric. Such securky is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developerguarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Barad of Supervises and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code, 4. GUARANTEE AND WARr2AMY O WORtC Developer guarantees that said work shall be free from defects in material vrarkmanshipand shall perform satisfactorily for a period of one-year fivm and after the Board of Supervisors accepts the work as complete in accordance with Article 96.4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for privateads which are not to be accepted into the County road system. 5. PANJC 'ABt.Ifi,MENT VUQ & Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequatdy watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performod for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPEMMENT Pj, ,) WARR b?+1". Developer warrarts the improvement plans for the work are adluate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. 14 at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,aid improvement plans prove to b inadequate in any respect,Dreloper shall make whatever chaos are necessary to accomplish the work as promised. 7: NO NADU BY COLM. Inspection of the work and/or materials„or approval of work and/or materials or statement by any officer,agent or empkryee of 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 oodhof these acts,shall not relieve the Developer of hiibligation 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. 1NDEMiv1I : Developer shall hold harmless and indemnify Windemnitees from the liabilities as defined in this section: A. Thede ?g benditted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liAbiltic protected againstare any lability or claim for damage of anykind alleg dly sufferd,incunedor threatened becauseof actions defined below,and includingpersonal injury,death,propertydamage,inverse condemnation,or any combinationof these,and regardlessof whether or not such liability,claim or damage was unforeseeable at any time before the Countyviewedsaid improvementplans or acceptedthe work as complete,and includingthe defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The ins=1WLIJaWktv are army act or omission(negligent or non-negligent)in connection with the mats covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Ccriditi : 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,bas insurance or other indemnifeationeoveringany of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PI Rx + ,AND :If Developer fails to exsmpiete the work within the time specified in this Agreement,and subsequent extatsions, or fails to maintain the work,the County may proceed to complee collar maintain the work by contract or otherwise,and Devek+pex agrees to pay all oasts and incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development prop"by the County and its forces,including eontractoM in the eventthe County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the world,Developer agrees to pay all assts incurred by the County,evert if Developer subxxWntly completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently to ccrnpkte the work. IL. INCORP-ORA`/IMAM T1 If,before the Board of Supervisors accepts the work as complete,the development is included in territory incarparated as a city or is a rwced to an existing city,the County`;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 Developer,who shall fWflU all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDEI MON. In consideration hereof: (Check applicable section(s)) ____ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. `__._ County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. — Other(requires County Counsel approval RL:kw I\PWS4ISHAMATA1ftDto\En$Svc\Fama\AG wORMAG-24,doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss, County of � C?n ► ` ti before me, t Rl it�1 i d pet Name aTills of OwHear personally appeared 1 1 Name(s)of Signono ")personally known to me G proved to me on the basis of satisfactory evidence T.AUSTIN to be the person(s) whose name(s) mare Commission# 1378739 subscribed to the within instrument and Notary Publle - California acknowledged to me that heAOWthey executed Contra Costa County the same in hf!,�n'heir authorized MYCOMM,Expires 0&7.2006J capacity(iss), and that by *~their signatures}on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. nd and official seat. pnaturr of Nolary Pu-� 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 Signer's Name:. OEM ® Individual Top of thumb here El Corporate Officer—'itle(s): lea Partner—•©Limited 0 General * Attorney-in-Fact * Trustee 13 Guardian or Conservator 0 Other: Signer Is Representing: 01985 National Notary Association*9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationninotary.org Prod.No.5807 Reorder.Call Toll-Five i-BOO-078-B827 COUNTY OF CONTRA COSTA �.. DEPOSIT PERMIT FICE OF COUNTY AUDITOR-CONTROLLER ' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER te L/_i (For Cash Convection Procedures see County Administrcrior's Bulletin 105.) DESCRIPTION FUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT $ JLV—Fly- t 6 t. ( t I � - t i t i t - } 1,0 T — t i t. t t t t. - t t t t i t i t I EXP. T N: TOIAL • r. ( "` of d- DEPOSIT t�{ t Deposit consists of the " COIN and CURRENCY $ CHECKS,M.04 ETC. $&G ° � BAW DEPOS3TS S i FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT a PERMIT �} NUMBER .. , DATE 22 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. ocknw&dged. Signed:` ` * [yata7i1 Title: l x� Si ,ed. Xe4 Deputy County 3-34 REV!{7-43} 21 ou 1U1 19 500 00" j ilJLI t3o + 4 , 32UU 1 �io - 0-f 2 r r i 3 • 175 400 OU ' U . 23 €;2+ i 364 , 9 3 b t 13 1 ,3 130 . 13+ ' 50 - 12- (:3 3 , l � r 1 � 1tt0 " Cllr r 15 , 834 - 00'+ l) ' 18 , 676 - 00+ 500 CIO" ti is U • o0+ 1) tf� Q 3 10,1 - 191- 23 , 82+0`1 - 19 '- 23 , 82+ I 43 2U ' 23 82+ t 29'1 , �t Jtb ` t3`� 6 - 50i i 49r 001 14 - 74i TAL- 1 7 • 32 4 a 8198-0800 / 819800: 61115792, 13990.00, Ra 1131 Phase III Tank Access Road Civil Improvements, Cash Band Performance Guarantee, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0648-9140 / 812100: 61115782, $297934.84, DA 52C fees for Subdivison 8413, Western Pacific Housing (North Bay) 400 N. Continental Blvd, Suite 100, El ,Segundo, CA 901245 0682-9752 / 819200: G1115770, $12180.00, SUB 8150,Dougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon Pl. Suite 300, San Ramon, CA 94583 0682-9752 1 819200: G1115771, $15834.00, SUB 8154,Dougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon Pl. Suite 300, San Ramon, CA 94583 0682-9752 / 819200: G1115772, 118676.00. SUB 8152,0ougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon Pi. Suite 300, San Ramon, CA 94583 0682-9752 / 819200: G1115773, J8729.00, SUB 8153,©ougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon Pl. Suite 300, San Ramon, CA 94583 0649-9665 / 831000: G1115774, , RA1124, Offer of Dedication Process-Cert of Correction, Along Albion Lot 13, Fairfield San Ramon North Ilc, 5510 Morehouse Dr., Suite 220, .San Diego, CA 92121 0649-9665 / 831000: G1115775, $500.00,RA 1124_Offer of Dedication Process-Cert of Correction, Along Harcourt/Millstream on lot 17, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G 1115776, J500.00, RA 1124 Offer of Dedication Process-Cert of Correction, Along Watermill on lot 19, Fairfield San Ramon North llc, 5510 Morehouse Dr., Suite 220, San Diego, CA 92121 0649-9665 / 831000: G 1115787, $1400.00, Cash deposit for Flood Control Permit 603-03, Mr. Larry Lapuyade, LFR Levine Fricke, 1900 Powell St., 12th Floor, Emeryville, CA 94608 0649-9665 / 831000: G1115790, $4325.00, Major Subdivision Map Check Fee, Subdivision 8632, Shappell Industries of Northern California, 100 North Milpitas Blvd P.D. Box 361169, Milpitas, CA 95035 Rogd Na.: 0864 1755 Development: HA,I IN MMU Rd SUB Wil Premium: $2,765.00 IMPROWMENT StCMTY B0141 FOR ROAD IMPROVEMENT AGREEMEXT (Perib man ce,Guarantee,and Payment) _ (California Government Code$f 66499 -66499.10) 1. REmAt.OF RoAn IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improverneot Agreem crit) with the County to install and pay for street, drainage agd other improvements on,or along RA I jai , to complete said woric within the time specified for completion in the Road Improvenu=Agreement,all in accordance with State and local laws and rulings. 2. OBUG'kuor : W" demcre BW jAnAC as PTWcipW and Fidelity and Deposit Company.of Maryland . a corporation organized under the laws of the Stag' of Maryland ,and a4thori2td to transact sway business in CtrMnua,as Surety,hereby Iy and severally bind ourselves,our heim executors,administrators,successors aqui assign's to the County of'Contra Costa,California to pay as follows: A. Perforn*ucx; ThM flundr!dMal&Eive jkqggod In Dollars ($ 3"190 )for itself or any city assignee uncia the above County Road Improvement Agreement,plus 8. Payment: Qgg HAWad-NkMMU 1kagM4&#ILandrtd Dollars ( -12240A tN1 i to s ccm the claims to which.refia ee is made in Title 15 §f3 at seq. of the Civil Code ofthe Sete of Cali*wia. 3. CONDMON: A. The Condition of this obligation as to Section(2,A.)above is such that ifthe above bonded P hwipal, or principal's heirs,executors, successors or assigns,shell in all t 4qp stand to and abide by and well and truly keep,and perfonn the covenants,conditions at4 provisions in the said agreement and any alteration thereof made as therein provided on it or its pats, to be kept and performed at the time and in the manner therein specified and in all respects according w their true intent and meaning and shall indemnify and save hamdess the County of Contra Costa or city assigzee,its officers,agents and employees,as dweto stipulat4 then this obligau mt shall become e null and void, otherwise it shall be and remain in full force and effect, As pert of the obligation secured hereby and in addition to the face amount specified therefom there shell be included reasonable costs.expenses and fees,including reasonable at'torney's*t*incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. A. The condition of this obligation, as to Section (2.13_) above, is such that said Principal and the undersiped as corporate surety are held firmly bound tanto The County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of rhe aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under The Unemployment lnsuzance Act with respect to such work or labor and that said undersigned surety will pay dee sante in an amount not exceeding The amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expanses and fees,including treasonable attorneys fees,incurred by the County of Contras Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the eow%all to be taxed as costs and to be included in the judgetYtea therein rend IT is hereby expressly stipulated and agreed that this bond shell inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 1.S(core numcing with,Section 3082 of Pant 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action To them or their assigns in any suit brought upon this bond. Should The work under the conditions of this bond be fully performed. then this obligation shall become null and void:otlwwise it shall be and remain in fall force and effect. C. No alteration of said Road Improvement Agr'eemew or any plain,or speciftadon of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such altaration without flu'ther notice to or consent by the 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 acuoi i against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on March 6, 2003 WINDEMMRE BLC LAND COMPANY, LLC By: Lennar`Homes --of. California, Inc. FIDELITY AND DEPOSIT COMPANY PMCIPAL.: its manager SURETY: QF MUYLAND Address: 1110 0 Cr w Canyon,---Suite 300,4 cess; 225 S. Lake Avenue #700 +City. San Ramon CA 583 City: Pagadeno CA 21101 By: 13y: ' Print Naune: David Evas Print Name: Patricia H. Brebnner_, Title: Vice President Title. Attorney-in-Fact aw Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Patricia H. BREBNER, of Costa Mesa, Catiforn' , its true lawful agent and Attorney-in-Pact, to make, execute,seat and deliver,for,and on its behalf as surety, is act an : any and all bonds and undertakings and the execution of such bonds or undertakings in pursuanc se prese all be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had b y exec d acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md., in n prope ns. This power of attorney revokes that issued on behalf of Patricia H.BREBNER,dated March 1, The said Assistant Secretary does hereby certify a ex rth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and i in force. IN WITNESS-WHEREOF, the said V#LITY sident sistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said - EPOSIT COMPANY OF MARYLAND, this 28th day of September,A.D.200 1. ATTEST: ( , , FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'v W T E.Smith ,assistant Secretary M.P.Hammond Vice President State of Maryland County of Baltimore ss: On this 28th day of September, A.D. 2001, before the subscriber, a Notary Public.of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.. J. tot: rttat.� Carol J Fader Notary Public My Commission Expires: August 1,2404 POA-F 012-5025M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertaking, recognizances, stipulations, policies,contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th y Of March 2003 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 7. 2003 before me, S. McDonald, Notary Public, personally appeared David Evans, 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. .Mc DONAM CommWW#1 NOW Puk7ft"Wfarrft C)mnper County lNyCamm. �pr1d,�7b+1 OPTIONAL. Though the data below is not required by law, it may prove valuable to persons retying 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 Security Bond No, 0864 1755 Number of Pages: Two (2) Date of Document: March 6. 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Urane On March 6, 2003 before me, Alexis H.Bryan,Notary Public — DATE NAME,TITLE OF OFFICER-E.G,,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner , NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(€ss), 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 H�B�R-YAN WITNESS my hand and official seal. Commission# z Notary Public-caiifornia } ' = Iorange county f SIGNATURE QFNOTARY +° fv"y comm.Expires Jun 1,2305 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 TITLES) ❑ 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 Sa40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Rpmmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184