HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-318 i
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 15, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.20041 318
SUBJECT: Approval of the Subdivision Agreement for Development flan 03-303 7,Windemere
Village Center(cross-reference Subdivision 7976),being developed by Windemere
BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area.. (District 11I)
The following documents were presented for Board approval this date:
I. Subdivision Agreement
A subdivision agreement with Windemere BLC Land Company, L.L.C.,principal,
whereby said principal agrees to complete all improvements as required in said
subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completionn of
said improvements 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
on the date shown.
Originator:Public Works(BS)
Contact: Teri Ric(313.2353) JUNE 1.5 2004
LT= ATTESTED:
c:\GrpData\EngS,e\BO\20Nw6.r5-040P 03-3037 BO-21.doc JOHN SWEETEN,Clerk of the Board of Supervisors and
cc: Public Works—T.Bell,Construction
Current Planning,Community Development County Administrator
T—April 10,2005
Windemere BLC Land Company,L.L.C.
3130 Crow Canyon Place,#310 21
San Ramon,CA 94583 By y Deputy
Attn:Brian Olin
The Continental Insurance Company
2500 Lucien Way,Suitt 130
Maitland,FL 32751
At#r:Patricia H.Brebner
RESOLUTION NO.2m/ 318
SUBJECT: Approval, of the Subdivision Agreement for Development Plan 03-3037,
Windemere Village Center(cross-reference Subdivision 7976),being developed
by Windemere BLC Land Company,L.L.C., San Ramon(Dougherty Valley) area.
(District III)
DATE: June 15, 2004
PAGE: 2
A. Cash Bond
Performance amount: $27,050.00
Auditor's Deposit Permit No. 420937 Date: March 11,2044
Submitted by: Windemere BLC Land Company, L.L.C.
Tax ID Number: 94-329-15-16
B. Surety Bond
Bond Company: The Continental Insurance Company
Band Number: 929 322 963 Date: February 27,2004
Performance Amount: $2,678,250.00
Labor& Materials Amount: $1,352,650.00
Principal: Windemere BLC Land Company,L.L.C.
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County`s general and
specific plans.
2. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/318
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
j Std
Subdivision: DP 03-3037[Village Center Lot 20 Principal: Windemere BLC Land ComRany,L.L .
Effective Date: Completion Period: I year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WiNDE nia li BLC LAND COMPANY LLC,
a Califortria lmited liability Company
By:LEN-OBS Windemore,LLC
CONTRA{:COSTA COUNTY A Delaware limited liability company
Maurice M.Shiu,Public Works Director Managing Member
By:Lennar Homes of California;Inc.,
Managing Member
By: jAAA
(signature)
RECOMMENDED FOIL APPROVAL (print name& itleI Don Larson,Vice President
rf
By: (signature)
Engineering se t is' (print name t�tie)Darleen Carpenter,A Secretary
FORM APPROVED: Victor J. Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures
must conform with the designated representative groups pursuant to Corporations
Code§313.)
1. PARTIES DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"i qui tLyy"and the above-mentioned
Pripcil2a,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal 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 by the Conditions of Approval for this development
and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department
and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as
required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. 1MPRQVEMEN"( $ECURITTY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: 27 550A0 cash,plus additional security,in the amount. S 2,678,250.0.0
which together total one hundred percent(100%)of the estimated cost of the work, Such additional security is presented in the form of;
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. FQr Payment; Security in the amount:$ 1352,65k.00 -,which is fifty percent(50°l0}of the estimated cost 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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held
as securities may be reduced in accordance with§94-4.406 and §944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship
and shalt perform satisfactorily for a period of one(1)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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to private improvements,which are not to be accepted by the County.
S. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said
plant establishment work 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 performed
for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,
6. IMPROVEMENT PLAN WARRANTY. Principal 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 pians prove to be inadequate in any respect,Principal shall make whatever changes
may be necessary to the plans to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or employee 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 andlor materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill
this agreement as prescribed;not shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to
comply with any of the terms and conditions hereof
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitees benefited and protected by this promise are County and County's special districts,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 regardless of
whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as
complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liabili are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Npn-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: Principal shall pay when due.all the costs of the work,including all costs incurred by the County for services provided.This cost may
include,but are not limited to: inspection,administration,engineering,construction and relocation of existing utilities,
10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11, NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including, but not limited to: engineering, inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,except as provided in this paragraph,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
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans
by County and County farces,including contractors,as may be necessary to ensure complete construction and/or maintenance.
RLJD'1&d/cw
G:tGrpData\EngSv.Torn%lAG WaRDIAG•30 doc
Rev. October 23,2002
r,+
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Sate of OPTIONAL SECTION
Countyof
t CAPACITY CLAIMED BY SIGNER
�_Il l C�`+�'f�
n
before me, �n i�1 _1 NC)TrI kY 1"06LAC Though statute does not require the Notary to rill in
DATE NAAEE,TITLE OF OFFICEWE..G.,-JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to
# ,, P1�3 persons relying on the document.
personally appeared 1 s -) c�
NANW(S)OF SIGNERS) ❑ INDIVIDUAL
{ personally known to me-OR-❑ to ❑ CORPORATE OFFICERS)
be the persons)whose name(s)--is/are T3TLE(s)
subscribed to the within instrument and
acknowledged to me that4wNWulthcy executed ❑ PARTNER(S) ❑ LIMITED
A 0A db 01 *Ab0- the same indtisAw/their authorized ❑ GENERAL
KAREN L. KEENAN17 ,
capacity(ies),and that by#i�ur/their ❑ ATTORNEY-IN-FACT
Corrlmissian# 1378m signature(s)on the instrument the person(s)or ❑ TRUSTEE(S)
the entity upon behalf of which the person(s) El GUARDIAN/CONSERVATOR
Notary Public - California 5.acted,executed the instrument.
Contra Costa County ❑ OTHER:
My Comm.Expires Oct 7,20036 ESS d ecfftcial seal, SIGNER IS REPRESENTING:
[NAME OF PERSON(S)OR ENTITWEs)I
VONATM IF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE 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 of Document
to persons relying on the document and could prevent fraudulent Signcr(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
L FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
Ii. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
Ill. SIGNATURES FOR PARTNERSHIPS - Sigping party must be either a general partner or be authorized in writing to have
the authority to sign tor and b@nU partnership.
IV. SIGNATURES FOR CORPQRATIONS
Documentss r�ouidbe Signe y two officers,one from each of the following two groups:
GROUP 1. �ab)The Chair of the Board
)The President
c AnyVice-President
GROUP 2. aThe 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,will suffice.
Notarization of only one corporate signature or signatures from 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."
3C:mw
G:1GrpData%SngSv,\Farms\WORD FOR WALL PURPOSE NOTARY.doc
Rev.August 1,2001
I.,tJUi�f 1 T t,It'4„MY t K!�1»tJJIA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
1 THE TREASURER: MARTINEZ,CALIFORNIA
RECENED FROM
ORGANIZATION NUMBER
ICtrgcnia+tlan)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORO. ACCT. TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ 1
Deposit coruists of the following items
COIN and CURRENCY $
CHECKS,k+1.Ck.ETC. $ i
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT L7P
NUMBER
DATE
ASSIGNED
The amount of money described agave is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County Treasury. acknowledged
Signed: Signed: (- t
Title , ,.. EXT. - - Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
41�b r.
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DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
r THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(orgoniu,don)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/CtRG. ��T TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ #
DEPOSIT #
Deposit consists of the following items
COIN and CURRENCY $�
CHECKS.M.O.ETC. $
BANK DEPOSITS $_
FOR AUDITOR-CONTPOLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER _
DATE I J
ASSIGNED
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, acknowledged.
Signed Date
Signed: Signed:
Fite EXT. - I Deputy County Auditor L Deputy County Treasurer
D-34 REV.(7-93)
iY
819800-0800: 61137175, $27,050.00, Performance Cash Bond, Windemere
' BLC Land Company LLC, 3130 Crow Canyon Pl #310, San Ramon, CA 94583
0649-9665 / 831000: G 1137181, $3.086.00, MS 098-0001, Minor Sub
Improvement Inspection Deposit, David Fisher, 4050 Stone Valley Oaks Dr.,
Alamo, CA 94507
0649-9665 / 831000: G 1137182, $500.0, RS 2881, Record of Survey
Deposit, RGA 10 S. Lake Dr., Antioch, CA 94509
0649-9665 / 831000: G 1137183, $505 0.00, RS 2888, Record of Survey
Deposit, Bryan Daniels, 3000-F Manville Blvd. #371, Alamo, CA 94507
0649-9665 / 831000: G 1137184, $500.00, RS 2887, Record of Survey
Deposit, Julie & Jeffrey T. Rogers, 550 Douglas Rd., Clayton, CA, 94517
O649µ9665 / 831000: G 1137185, $500.00, RS 2890, Record of Survey
Deposit, John & Tracey Dillham, 11 Sycamore Rd., Orinda, CA 94563
0649-9665 / 831000: G 1137186, $500.00, RS 2891, Record of Survey
Deposit, CBG, Inc, 2603 Camino Ramon #'100, San Ramon, CA 94583
0649-9665 / 831000: G 1137187, $10,281.94, Sub 8686, Improvement Plan
Review, Shapell Industries Of Northern California, 100 N. Milpitas Blvd.,
Milpitas, CA 95035
0649-9665 / 831000: G 1137188, $9,702.12, Sub 8620, Improvement Plan
Review, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon
CA 94583
0649-9665 / 831000: G 1137196, $1,500.00,JA 0001, Improvement Plan
Check, Windemere BLC Land Co. LLC, 3130 Crow Canyon ##'310, Sara Ramon CA
94583
0649-9665 / 831000: G 1137199, $500.00, ,Sub 8134, Map Check, Shapell
Industries Of Northern California, 100 N. Milpitas Blvd., Milpitas, CA
95035
Subdivision: . DP 03-3037 Villa e Center Lot 20
Band No.: 229X12 9.63
Pkemium: $11,249.00/annum
EXECUTED IN DUPLICATE
IMPROVEMENT SECURJTY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499-66499.10)
I. RECITAL OF SUBDIVISION AC-REEMENT: The developer(principal.)has execctted a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and ether improvements in
Subdivision ISP 03-3037 Lot 20 ,as specified in the subdivision agreement and to complete said
work within the time specified for completion in the subdivision agreement,all in accordance with State and
local laws and rulings Thereunder in order to satisfy conditions for filing of a final map or parcel map for Said
subdivision
2. OBLIGATION: Wiry a err B C Land Company. L.L.C. as Principal and
co—naninjal Inparance, Com an , a corporation organized and
existing under the laws of the Stag:of New Hampshire and authorized to transact surety
business in California, as surety, hereby jointly and severally hind ourselves, our heirs, executers,
administrators, successors and assigns to the County of Contra Costa,California to gay as follows:
A. Performance and Guarantee: Two Mtillio Si undred Stygi 1housan Two Hundred
Fifty and 00/100 Dollars ($ 2.678.2j .00 )for Contra Costa County or any city assignee
under the above County Subdivision Agreement.
B. Payment: O 1vlil inn e Hundre ift Two Thousand Six Hui ed'F' and 00/ 00 Dollars
($ 1.352,.650.00 ) to secure the claims to which reference is made in Title ?(.V
(commencing with Sretion 30622) of Parr 4 of Division M of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section(Z.A )above is such that if the above bonded principal,
or principal's heirs, executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its officers, agents and employees, as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs, expenses and fees,including reasonable attorney's fees,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.
............:............................ ''I............
S. Th6 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 subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect
to such work or labor and that said surety will pay the same 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, expt:nses and fees, including reasonable attorney"; fees,
incurred by The County of Contra Costa(or city assignee)in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs 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
persomi,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Pan 4 of Division 3 of the Civil Cade,so as to give a right of action To them or their assigns
in any suit brought upon This bond.
Should the work under conditions of this bond be fully pefforme4,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 of Contra Costa(or city assignee)shall relieve the surety from liability
on this bond; and consent is hereby given to make such alteration without finther notice to or consent
by the surary;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 the principal whenever
Taken.
SIGNED AND SEALED On February, 27,2004
WINDEMRE BLC LAND COMPANY, LLC, a California limited liability company
By: LEN-OBS Windemere, LLC, a Delaware limited liability company
its managing member
By: Lennar Homes-of California, Inc., a California
PRINCIPAL: corporation, its managing member SURETY:THE CONTINENTAL INSURANCE COMPANY
Address: ..24,800 Chrisanta Drive Address: 2600 Lucien Wavy Suite 130
C Mission Viejo,
iq-. CAZi1).:._926_91
1 City: Maitland. FL Zip: 32751
By:
By
Print Name: .David Evans Print Name: Patricia R. Brebner
Title Vice President
itle Title: Attorney-in-Fact
X MW tip
C WWOkla's-12 Jac
kcv Fcotuay 26,2004
.................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On March 1, 2004 before me, Dina Printy, 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 capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. -
---- t
y / ✓ COMMW * 1463610
- - Notary putxtic»Catltorrin
otan"county
'r MV C0Mm:E4*Q#N0V 38,2007
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:
Comorate Officer—Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surely Bond No. 929 322 963
Number of Pages: Two 2
Date of Document. _February 27, 2004
Signers (other than these named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N015907
State of California
County of &n
On February DATE
, 240 4 before me, Leigh M,;c! onp a ITLE py�NotaryOFFICER EG.,*JANE
}ANr DyyE NOTARY
wryAgY PUBLIC'C ,
personally appeared Patricia H.Srebner
s
NAME(S)OF SIGNER(S)
® 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 heishelthey executed the same in
hisftrftheir authorized capacity(les), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
WON I& behalf of which the person(s) acted, executed the instrument.
LEIGH MCCyN'b0)LIGt3
commission#1328874
Notary Pubtte-CaIROMIS WITNESS my hand and official seal.
Orange County
MY Comm.biros Nov�6,
Si54A7URE OF ARY
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
F-1 INDIVIDUAL
® CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
[,1 PARTNER(S) LIMITED
ATTORNEY-IN-FACT GENERAL
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-4067J13EF-F 7.98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Part',CA 91348-7184
POWER GE ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presetft,That The Continental insurance Company,a New Hampshire corporation,and Firemen's insurance
Company of Newark,New Jersey,a"New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals
herein affixed hereby make,constitute and appoint
Mike Par#z€no Linda Enright, Rhonda C Abel,James A.Schaller Jane Kepner,Nanette Marieila-Myers,Patricia H.
Brebner,Aietds H. Bryan, Leigh McDonough, Individually
of Irvine,California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
—In Unlimited Amounts
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIG Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.
.KhL a n Sy, t0 ►A fi
�_ ,�,,,* _� • ..��~~ t��w. The Continental Insurance Company
Fireman's Insurance Company of Newark,Now Jersey
Michael Gengier Group Vice President
State of Illinois,County of Cook,ss:
On this 2nd day of April,2002;before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and
say:that he resides In the City of Chicago,State of Illinois;that he is a Group Vice President of The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed
the above Instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that
they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to
like authority,and acknowledges same to be the act and deed of said corporation.
'OFFICIAL SEAL" ,
DIANE FAULKNER
Notary Public,State of Illinois
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Mialkawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is
still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still
In force. In testimony whereof l have hereunto subscribed my name and affixed the seal of the said corporations this 27th day of
February . 2004
The Continental insurance Company
Firemen's Insurance Company of Newark,New Jersey
Mary A.Rlbikawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and Is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attomey named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them.hereby is,
authorized to attest the execution of•any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
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