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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-748 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA elj0000, Adopted this Resolution on December 9, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE . RESOLUTION NO.2003/ 748 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0005 (Cross-Reference Sub 8507) Creekview Park 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,PA 0005 (Cross- Reference Sub 8507) Creekview Park 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 (Dight of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following. Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $11,200.00 Deposit made by: Windemere BLC,LLC Auditor's Deposit Permit No. and Date: 414398 November 5, 2003 TR:cmm I hereby cerE6r that this is a true and correct copy of an G:IGrpDatall;ngSvclBO\20031I2-09-031PA 0006 BO-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-October 9,2004(Pl) ATTESTED: DECEMER 09 003 Windemere BLC Land Company,LLC Brian Olin JOHN SWEETEN,Clerk of the Board of Supervisors and 3130 Crow Canyon Pl.,#310 County Administrator San Ramon,CA 94583 Travelers Casualty and Surety Company of America Patricia H.Brebncr 9325 Sky Park Court,Suite#220 By Deputy San Diego,CA 92123 RESOLC.)TION NO.2003/748 _•�. • SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for PA 0006 (Cross-Reference sub 8507 Creekview Park being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) DATE: December 9,2003 PAGE: 2 II. Surety Bond Bond Company: Travelers Casualty and surety Company of America Bond Number and Date: 1041 84455 October 24, 2003 Performance Amount: $1,105,300.00 Labor&Materials Amount: $558,250.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/748 . SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and 66463) Subdivision:. PA 0006(Cross-Ref SUB 8507) Effective Date: /Ij/0 Subdivider: Windemere BLC Land Comaany L L C Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company CONTRA COSTA COUNTY SUBDIVIDER: By:LBM-OBS Windemere,LLC A Delaware limited liability company Managing Member By:Lennar Homes of California,Inc., Maurice M..Shlu, Public Works Director, - Managing Member By: AZ J JAA i.+ ^' (signature) (print name&title) Don Larson,Vice President RECOMMENDED FOR APPRO)JAL: By: (signature) Engineering Service DIV SI n (print name&titl Lynn Jochi , t.Secretary FORM APPROVED: Victo 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 gam. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Cou rtyr ,"and the above-mentioned Subdivide ,mutually promise and agree as follows concerning this subdivision: 2. 1MPR�}[ ITS. Subdivider agrees to Install certain road improvements(both public and private), drainage Improvements, signs, street lig ts�i hydrants, landscaping, and such other improvements (including appurtenant equipment)'as required in the improvement plana for this subdsion 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 worts and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§56410 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 rulings made thereunder,and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMEROVEM21 SEQURITY. 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: $ 11.280,40 cash, plus additional security,in the amount of _$1 which together total one hundred percent(100%)of the estimated cost of the work. t Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after Its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$_ 558.230.04 ,which Is fifty percent(50%)of the estimated cast of the work. Such security is presented In the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE 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-year from 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. & PLAT ESTAPLISHMENI Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establis ment war shall consist of adequately 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 perforated 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. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised 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. NO WJVERBY CO�lNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of t e aunty indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of sold work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section: A. The 1paemnMies benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, 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, and regardiess,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 actl2no gausing Ilabill are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,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 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 or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEY5. 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. -P AND • 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, surveyor,contract,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 proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently 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 subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 19. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :krlap G:GmDats*n Svt%FonnMG WORMG-30A.doc Rov.May 18,2001 /^ CALIFORNIA ALL—PURPM ACKNOWLEDGEMENT State of (})G i F-7nC- X11 OPTIONAL SECTION County of 0�1T�-A �/C'� za R` CAPACITY CLAD BY SIGNER On nAT betbre me, fl i` L. I� tuRl� i C t}► `{ �e �i C_ Though statute does sot require the Notary to nU in ;� NA) 1t ME OF OFFIC@R t .,"rAN6 DG11,NOTARY PUBLIC' the data below,doing so may prove Invaluable to personally appeared_`kN L-Ae<, ,,j `3" L4N N -�R iH persons relying on the document NAME(S)OF91GN6R(a) [1 INDIVIDUAL ( personally known to me-OR-U to U CORPORATE oprICER(S) be the person(s)whose n4trtc(s)4a/arc rtTLa(sy subscribed to rite within instrument and acknowledged-to me that Wshehhey executed C1 PARTNER(S) U LIMITED =�=•�� = satnc in Wier/their authorized KAREN L KEENAN acity(ies) and that by fi aAw/their r] GENERAL Commission# 1378827 s nurture(s)on The instrument the person(s)or U ATTORNEY-iN-FACS' entity upon behalf of which the person(s) I I TRUSTEE(S) Notary public - California ed.71sc cuted the instrument. rl GUARDIAN/CONSERVATOR Contra Costa Countyto OTHER; My Comm.Expires C7ct 7,2UC1 s my h d ciai seal, sI(iNEit IS REPRESENTING; I NAME OF PERSONS)OR RNMY(►Hs11 al NATuA6 O NOTARY OPTIONAL SECTION THIS CERTIPTCATC MUST HE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law.it may prove valuable Date orpocument to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this fbrm INSTRUCTIONS TO NOTARY Signatures required on docuon mentstmust compeffort wi h he falloiteprocessing ing to be accof ept documents. to C Contra Costa County. I• E.O�LLTURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must a signedexactly as it is typed or printed. il, SI property must ust Ta stated.FOR I -DIVlD(TAI A-The name must be signed exactly as it is printed or typed. The signer's interest in the tll. A E PS - Si ping party must be either a general partner or be authorized in writing to have the aut ority to sign ar an n t e partnership. IV. NATURES FOIA CORPORATIONS Documents should6e slgne y"two cers,one from each of the following two groups: GROUP 1. �a)The Chair of the Hoard b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person_signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,wi suffice. Notarization of only one corporate signature or signatures Brom only one group,must contain the following phrase: "..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 1c.,,,.. O!QTVAU\Bn9XVc%r0n"§\wOR13 FOKNISI ,LL PURPOSE NOTARY.Aae Rw.Agay»e r.s+rat COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY,AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT 25 AAJS 7 � Ik M3490 74 0 00 rt 941 ' 73�' EXPLANATION: E-t ? � q f TOTAL 71 `E my�� /l c�jt�2 DEPOSIT S cry ,rte y v E 1 tr� �/j 7(l4 5 A)A)07 r t X L.t�1.be 1 Deposit consists of the fiollawing it�ma y C IN and CURRENCY r1 0 9 C CKS•M.O,ETC. s. it/ Y•7 BANK DEPOSITS E + j C' _ t� ; -,:, FOR AUDITOR-CONTROLLER USE C1NOY DEPOSIT PERMIT DP NUMBER 414398 N� 5W DATE ASSIGNED The amount of money described above is far Treasurer's receipt of above amount is deposit into the County Treasury. approved. Receipt of above amount is hereby ' acknowledged Sign Date ' Signed: Title: riC- EXT - j .( Siigned: Deputy County Auditor. Deputy Coon reosurer t tjF' Ll" :J E' �t jlr� Cr-is tip-13"A_I C(-42O L--I C j)t COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER:- MARTINEZ,CALIFORNIA V�✓ �� a-' RECEIVED FROM ✓�J ORGANIZATION NUMBER (For Cosh Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SUB TASK OPTION ACTIVITY ACCT AMOUNT I UY) 5W f C I 7 I LSC f , J 7 4 6 61 :b6 EXPLANATION: C) 1 I jDEPOSIT AL osit c the folbwing items COIN and CURRENC CHECKS,M.C,ETC BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY PERMIT ®P / 9 NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is deposit into the County Treasury. approved. Re �kelpt of above amount is hereby TitlC( Ems: d: S� EXT. ty County Auditor Deputy County T .34 REV..(7-93) �' r reazurer' COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM 1 � tOryary�nuo) ORGANIZATION NUMBER �7 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORQ 'UB' ACCO TASK OPTION ACTIVITY AMOUNT 1 r I I 1 I I 1 1 I 1 r I I 1 1 1 r I . i s I i I r 1 + 1 1 EXPLANATION: I TOTAL $, DEPOSIT t Deposit consists of the to'a ing items COIRIW .Cj�RENCY $ CHECKS,M0 ETEC BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT dP NUMBER l DATE ASSIGNED, — L The amount of money described above is for Treasurer's receipt of above amount is deposit into the County Treasury. Receipt of above amount is hereby Signe . �.. Il «knawled Date .�... . Signed: _ Title' l - EXT. y C --� Signed. t DeTwty County Auditor Deputy County Treasurer r. 0649-9665 / 831000: 01122306, $12 _360.00, RA1137, Landscape Improvement Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon, PI # 310, San Ramon, CA 94583 0649-9665 / 831000: G1122308, $89,820.00, PA0006: Landscape Improvement Inspection Deposit, Windemere BLC LLC, 3130 Crow Canyon, PI # 310, San Ramon, CA 94583• 0649-9665 / 831000 G1122166, $118.82, LP9902041, Kiewit Pacific Co., Box 31096, Omaha, NE 68131 139200-9752: 01122163, $10 000.00, Windemere Pkwy Traffic CA 94583 Signal benign, Windemere BLC LLC, 3130 Crow Canyon, PI # 310, San Ramon, 819800-0800: G1122307, $11,200.00, PA0006, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon, PI # 310, San Ramon, CA 94583 0649--9665 / 831000: 61121689, $500.00, RS 2839, Record of Survey Deposit, Thomas Sturt/Pansy TEO, 1340 Treat Blvd, #208. W.C, CA 94596 0649-9665. / 831000: 01121690, $500.00, RS 2840, Record of Survey Deposit, Ray A Kindle, 2845 Trotter Way, W.C. CA 94596 0649-9665 / 831000: 61121.691, $1,600.00, M501-0003, Minor sub Check Fee, R&S Homes, 974 Juanita Dr. W.C. CA 94595 0649-9665 / 831000. 11121692, $500.00, RS 2841, Record of Survey Deposit, Laura & Mark Conrad, 3767 Happy Valley Rd, Lafayette, CA 94549 0649-9665 / 831000: 61121693, $500,00, RS 2842, Record of Survey Deposit, BKF, 2737 N.. Main St.#200, W.C. CA 94596 0649-9665 / 831000: 61121694, $500.00, RS 2843, Record of Survey- Deposit, Moran Engineering, 1930 Shattuck Ave #A, Berkeley, CA 94704 0649-9665 J 831000: 61121697, $1675.00, Sub 8379, Map Check Fee, Robert Haver Jr., Camino Diablo Assoc, 1671 Challenge Dr. Concord, CA 94520 0649-9665 / 831000: 61121698, $174.36, Sub 8104, Subdivision map Review Deposit, Braddock & Logan Group II, L.P., 4155 Blackhawk Plaza Circle, Suite 201, Danville, CA 94506 0649-9665 / 831000: G1121686, $26,878.53, SD 00 08456 Inspection Deposit, Pacific/Bowie Tracy II, Po Box 3060, Newport Beachr.CA 9268 0649-9665 / 831000: G1121696, $113, Sub , 6610, Inspection Deposit, Rock Island Homes, inc, 18001 Cowan, Suite C, Irvine, CA 92614 0649-9665 1831000: 61121696, $1-2-34.28, Sub 8372, Inspction Deposit, Rock Island Homes, inc, 18001 Cowan, Suite C, Irvine, CA 92614 064.9-9665 / 831000: 61121696, $16,152.57, RA1126, Inspction Deposit, Rock Island Homes, inc, 18001 Cowan, Suite C, Irvine, CA 92614 w .t Subdivision: _PA 0006(Craae_Rut erg Bond No.: 1041 84455 Premium: $7,737.00 EXECUTED Int DUPLICATE IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (performance, Guarantee, and Payment) (Celifamia Government Code Sections 66462 and 66463) I. RECITALOP Susc►tvtsr N 49M-E-MM: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 06 !Crass-Ref B 8S07t as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the SbdPA 6ivisian Agreement(Right of Way Landscaping}, all in accordance with State and local ulaws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. z- Oa... t'ttrN: Windrmcre BLC Land Cotnn n T Travelers Casualty and Surety Company of America -L C as�aw of the State of Connecticut ,a corporation organized existing under the laws California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, business in successors,and assigns to the County of Contra Costa, California to pay it: administrators, A. Performance and Guarantee: One Millon OnetL* 0%.0-0-0 Dollars(S 1.10$.3 tl 4 d Five Thnu��ri� ,..� u. `y s County Subdivision Agreement,plus 1 for itself or any city assignec under the above B. $y,meut:5 8 S0Qtve Hundred Fifty Eight Tho �ri� r�o u, ,a �d F* ' " Dollars ucu 2 UU -- �.._�..�,) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CON DLI:10N: A. The Condition of this obligation as to Section 2.(A) above is such that if the above ba Principal,his or its heirs, executors, administrators, successors or assigns, undid to and abide by,and well and trulyk �. shall in all things stand said agement and any alteration therreeof and as therein pro dcovenane,conditiis ons and provisions in the performed at the time and in the manner therein specified, and in all respects according o their true its pan,to be kept and intent and meaning, spud! indemnify * hartttless the County of Contra Carta or city assignee),its officers,agents and erriplayees,as therein stipulated, null and voids otherwise it shall be and remain in full force and effect.this obligation shall become As peat of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) is successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials famished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect co such work or labor, that said surety will pay the same in art amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as 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,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right 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 shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from Iiability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED N12 SES on October 24, 2003 W'INDEMERE BIC LAND COMPANY, LLC By. Lennar Homes of California, Inc. TRAVELERS CASUALTY AND SURETY PRJNCIPAL,r its manager gUUTVr COMPANY OF AMERICA Addros: 24800 Chrisanta Drive Address: _ 9325 Sky Park Court, Suite 220 City-Mission Viejo, CA .ip.9 2 6 91 City. "San D go, CA Zip; 92123 By: By: Print Name: Davi Evans Print Name: Patricia H. Brebner Title: vice President Title: Attorney-in-Fact t�4tvSltt'I�IRD,tTa,GrpWeat�n�4,ttfi«metCu tu�Rl3W#�.11A dos CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State.of. California County of Orange On October 27, 2003, before me, Gordon J. Peterson, 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. t9ORDON J.PETERSON Witness my band and official seal. Commission#1335380 Notary Public-California Orange County My Comm,Expires Dors 17,2006 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—Tice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED.DOCUMENT Type of Document: Bond. No. 1041 84455 Number of Pages: Two 2) Date of Document: October 24, 2003 . . Signers (other than those named above): Patricia. Brebner 'CALIFORNIA ALL-PURPOSE A( - OWLEDGMENT No.5907 State of California County of Orange On October 24, 2003 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia H.Brebner s NAME(S)OF SIGNER(S) personally known to me-OR- R proved to me 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(ies), and that by his/her/their „ signature(s)on the instrument the person(s), or the entity upon LEIGH MCDONOUGH behalf of which the person(s) acted, executed the instrument. Commission f 1328874 Z Notary Public-California s;5ranpa County My Comm.Expires Nov 8,2W5 WITNESS my hand and official seal. SIGNATURE OF NCnr 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 Tm.s(s) TITLE OR TYPE OF DOCUMENT 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 ENTHY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4W7/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Cariopa Perk,CA 91308-7184 TRAVELF" CASUALTY AND SURETY COMPANY OF.A'----'RICA TA ILERS CASUALTY AND SURETY COMPAlt FARM[INGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-]N-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers,Rhonda C.Abel, Stanley C. Lynn,Patricia H. Brebuer,Alexis H.Bryan,Leigh McDonough,Jane Kepner, of Irvine, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the fallowing Standing Resolutions of said Companies,which Resolutions are now in fall force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorn ppo Attorneys-irm-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chahman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more of'f'icers'or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the VOTED: That any bond, recognizance, contract of indemnity, or whiting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer the to Secretary t Secretary and duly attested and sealed with the Company's seal b a S or Assistant Secr Corporar e any y Secretary,or(b)duly executed(wader seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTID: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any SecretwY.any Assistant Secretary,and the seal of the Com power of a or to an certificate re pang may be affixed by facsimile to any attorney Y relating thereto appointing Resident Vice Presidents,Resident t Secretaries or Attorneys-in-Fact for only of executaig and attesting bonds and undertakings and other writings obligatory in the nature thereof;and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or to which it is attached. (11.00 standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURLY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of February 2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD ip Qy �y2V Ar%, kO a K4RTFM . 1f•3 BY- cow ....... e * George W. Thompson Senior Vice President On this 28th day of February, 2003 before me personally came GEORGE W. THOMPSON to me known,who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 (Votary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 24th day of October ,2003. 'yNY Aq°� HAMM. tPlft2 �15, cow3 By �� '1y � Kori M.Johanson Assistant Secretary, Bond r ravelers IMPORTANT DISCLOSURE NOTICE OF 'TERROR INSURANCE COVERAGE ISM On November 26, 2002, President mush signed into la Terrorism Risk insurance Act of 2002 (the "Act,, . w the establishes a short-term program under Whig the The A� Government will share in the a Federal by certain acts of international arty terrorism. y�/e covered losses caused his notice to inform you of the key features of the Act,s you with know what , If any, the Act will have on your premium t� let Under the Act, insurers are required to rovid® coverage certain losses caused by international acts of terrorism anfor in the Act. The ,� .further provides that the Federal Government will pay a - share of such losses S Government will pay 90% of the amount f covered, the lose Federal by certain acts of terrorism which is in e s caused statutorily established deductible for that year. The Act also eters the amount of terrorism-related losses for 'wthe F the GoYernment or an insurer can be . ed®rat -$100,000,000,{}00.00 responsible at deductible. provided that the insurer has met its Please note that passage of the Act In tx�v does not result in any change coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate Premium charge has been made for the terrorism additional 0Ver n e required by the Act. The premium charge that Is allocable to e coverage. Is Inseparable fiom and imbedded in such Premium, and Is no more than one percent of your premium.overall