HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-362 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
at�L�ION NO.20041 2
SUBJECT: Approve the Drainage Improvement Agreement DA 03-00028 (crass reference
Subdivision 8509),being developed by Windemere BLC Land Company,L.L.C.,San
Ramon (Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Drainage Agreement
03-00028(cross-reference Subdivision 8509),property located in the San Ramon(Dougherty Valley)
area, Supervisorial District III.
A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within one year from the date of said agreement. Improvements generally
consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
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 on the date
shown.
Originator:Public Works(ES)
Contact: Teti Rie(313-2363) ATTESTED: JULY 13, 2004
ARrn,
G:1GtpDatakEngSvc\BO%2004107-13-041DA 0028130-20.doe
cc: Pubic Worsts- T.sell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
T—May 13,2005
Windemere RLC Land Company Administrator
Attn:Brian Olin
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Arch insurance Cortipany
135 N.Los Robles Ave.,#825 By_-- — ,Deputy
Pasadena,CA 41101 7
Attn:Patricia K Rrebner,
RESOLUTION NO.2004/ 362
SUBJECT: Approve the Drainage Improvement Agreement DA 03-00028 (cross-reference
Subdivision 8509),being developed by Windemere BLC Land Company, L.L.C.,
San Ramon(Dougherty Valley) area. (District III`')
DATE: July 13, 2004
PAGE: 2
L Cash Bond
Performance Amount: $6,900.00
Auditor's Deposit Permit No. DP422631 Date: April 8, 2004
Submitted by: Windemere BLC Land Company,L.L.C.
Taxpayer identification number: 94-329-15-16
H. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU5006289 March 23, 2004
Performance Amount: $684,100.00
Labor&Materials Amount: $345,500.00
Principal: Windemere BLC Land Company, L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/362
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 0428 fCross-Reference SUB 8509) Effective bate: y >
Developer: 'Windemere BLC Land Companv.L.L.C. Completion Period: 1 year
WINDEMERE BLC LAND COMPANY LLC,
a California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC
A Delaware limited liability company
CONTRA COSTA COUNTY Managing Member
Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc.,
Managing Member
By: (signature)
W
(print name&Titl } or son,Vi President
RECOMMENDED FOR APPROVAL
By: AA (signature)
Engin eri 1
6i s 15'vision (print name&title)Darleen Carpenter, sst.Secretary
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations CodeS313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Loon ,"and the above-named
evelo er,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off tract drainage improvements and such other improvements(including appurtenant
equipment)as required in 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).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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. IMPROVEMENT SECURITY.upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $- -6.900.00 cash,plus additional security,in the amount of$ 684,100.00
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 cashier's 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$__ 345.500A0 ,which is fifty percent(50°1°)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,the Developer guarantees 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 Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GIAItANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship
and shall 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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5, IMPRQVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. 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 and/or materials,or payments therefore,or any combination or all of these acts,shall not relieve the Developer 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.
7. INDEMNITY, Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The in mntties benefited and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The lie ili'es 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 the County reviewed said improvement plans or accepted the work
as complete,and including the defense of any suit(s),action(s)or other proceedings)concerning said liabilities and claims.
C. The actions causiliabi_,it are any act or omission(negligent or non-negligent)in connection with the matters 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-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County„)and the
Contra Costa County Flood Control and Water Conservation District(collectively,"District')against,and hold County and District harmless from,any
and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable
law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,
by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising
out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County
or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement.
2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person;provided, however,that BLC shall not be required to indemnify,protect, defend or hold County or District
harmless to the extent any claims,losses, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
8, COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
t
9. NON-P FQB MANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees
to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete 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 proceeds
to complete the work.
#0. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County s rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley
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Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
se.
County of � ~rA
On AA 6'�3 QZH before me,16,oabo L,,"�yi-,P, Y f
ame and 71tia of Officer(a.g..'Jan4 Doe,Notary P ib8a°} !
personally appeared
Narrmf<of Signer(a)
''personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)--is/are
.nwr.,a►.d subscribed to the within instrument and
KAREN L. KEENAN acknowledged to me that*444e/they executed
Commission# 137882 the same in 444w/their authorized )
Y.�;. : .^! Notary Piblic - California capacity(ies), and that by �r/their
.. Con"a Costa County signature(s)on the instrument the person(s), or
My Comrn,Expires Oct 7,2006 the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNE y hand a ffic' l eal.
Signature at Nof PuUlic
3
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:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
( ❑ Partner—❑Limited C General
Ll1:1 Attorney-in-Fact
Trustee
)
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
�,1998 National Nata,y Aasnaiatian+83817 Da Soto Ava.,P.O.Bax 24n2+Citatswarih,GA 91313-2402•www.natibnalnotary.org Protl.No.5807 Asortlar Call Toil•Pree i-BOtl-676-6927
COUNTY OF CONTRA COSTA _
DEPOSIT PERMIT �
OFFICE OF COUNTY AUDrTOR-CONTROLLER
P MARTINEZ,CALIFORNIA
TO THE TREASURER: y t�
RECEIVED FROM
ORGANIZATION NUMBER
(For.CashCo#ection Procedures see County Administrator's Bulletin.105.)
DESCRIPTION FUND/ORt s SURTASK OPTION ACT€V'€TY AMOUNT
£ " $
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566 11'X
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EXPLANATION: TOTAL $ c/
f°c tzJ { r 11,E S..2 I DEPOSIT 2 z
- Deposit consists of the following items
1. -
COIN and CURRENCY $
�' CHECKS.MO.ETC $ � �����`'
? BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERDP— 1
M€T
1 U C I C otc NUMBER
=NEI42 `6% -
The amount of money described above is for Treasurer's receipt of above amount' approved: Receipt of above amount is here
,deposit into the County Treasury. � acknow€edged,
Signed: Signed:
1 'WTIt EXT. ' Deputy County Auditor puty County Treasurer
D-34 REV.(7-93)
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER- MARTINEZ.CALIFORNIA
RECEIVED FROM
45L)
ORGANIZATION NUMB—
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
Sulk TASK OPTION ACTIVITY' AMOUNT
DESCRIPTION ACCT.
19s ,
Ewa
7/17-fIY49 0 OF
TI I I I
I III I I Al 1 11 1 IA
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L- I I I I I I
EXPLANATION: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY
CHECKS,M.0,ETC. $
BANK DEPOSITS $--
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP !fag-4
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Tkeceipt of above amount is hereby
deposit-into the Count
y Treasury. acknowledged.
Si —elLo S1,
9 I I '! Signed:Sigmd:
I ntwl EXT -2 (4 Deputy Covnty Auditor Deputy County Treasurer
D-3A REV.(7-93)
0649-9665 / 8310000: 61137257, $3,621 .20, MS 02-0007, Improvement
Flan Check, Cathryn M. Richard, 1630 N. Main St. #450, Walnut Creek, CA
94596
0649-9665 / 8310000: G1137259, $15,000.00, DA 0035, Drainage Review
No Improvement plans, Shapell Industries of Northern California, 100 N.
Milpitas Blvd, Milpitas, CA 95035
819800-0-800-. 01137244, N ;o"'b o t)A. �;'Cash Bond Windemere BLC
Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583
819800-0800: 61137250, $3,521.31_, .Sub 8738, PerformanceCash Bond,
Davvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704
819800-0800: G1137252, $700.00, MS 3.00, Performance Cash Bond, Gene
R. Schmidt, Inc., 940 Reliz Station Lane, Lafayette, CA 94549
821600-0800: G1138123, $19,127.00, Sub 7976, SCC Dough Valley S. Reg,
Fairfield San Ramon LLC, 5510 Morehouse Dr. Ste 200, San Diego, CA 92121
0649-9665 / 8310000: 6,1137238, $5,954.00, Sub 8744, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137239, $13,152.00, Sub 8773, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137240, $23.934.00, RA 1151, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137241, $7,248.00, Sub 8778, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: 01137242, $6866.00, Sub 8777, , Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Craw Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137243, $7.630.00, Sub 8776, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137245, $34,600.00, DA0028, Inspection Fee
Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon,
CA 94583
0649-9665 / 8310000, G1137247, $3,500.00, FS 04000004-6183PV, Fee
for Service, Ryder Companies, 1425 Treat Blvd., Walnut Creek, CA 94597
0649-9665 / 8310000: G1137251, $19,340.00, Sub 8738, Inspection fee
Deposit, Davvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704
0649-9665 / 8310000: G1137256, $758.75, MS 01-00018, Inspection, Clyde
Miles Construction Co. Inc. 2201 Harbor St. suite E, Pittsburg, CA 94565
EXECUTED IN DUPLICATE
Development No: DA 0028(Cro1kR_e SUB 8509)
Bond. SU 5006289
Premium: $5,131.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance& maintenance,AM labor and materials)
1. OBLIGATION: Windemere BLC Land Comfy. L..L.C. ,as Principal,and
Arch Insurance Company _ a corporation
organized and existing under the laws of the State of Missouri and
organized and existing under the laws of the Stare of California,as Surety,hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra. Costa,
California to pay it;
A. Faithful Performance, & Maintenance: Six Hundred Eightti► Four Thousand Qne H.undred_and
00/100 Dollars (S 684.100.00 1 for itself or any city-assignee under the below-cited Drainage
Improvement Agreement, plus
B. Labor& Materials: Three Hundred FgM l=ive Thousand five Hundred and 04110/3 Dollars
(S 345,500.00 }for the benefit of persons protected under Title 15§et seq.of the California
Civil Code.
1) RECITAL O1i`CONTP►.CT: The principal contracted with the County to install and pay for drainage and
other improvements in DA 0028(Cross-Refs e e SIM 85091 , a:s specified in the Drainage
Improvements Agreement,and to complete said wort:within the time specified in the Drainage Improvement
Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to
satisfy the conditions of approval for ---_- SIM 8509, Windgmere Phase r
3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,theta
This obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period;and if principal fully pays the contractors, subcontractors,
and persons renting,equipment or furnishing labor or materials to them for said work and improvement,and
protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become
null and void,otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this bond; and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Cade § 2819, and holds itself bound without regard to and independently of any action
against principal whenever taken,and agrees that if County sues on this bond, Surety will pay reasonable
attorney fees fixed by court to be taxed as costs and include4 in the judgement.
3. CONDITLON-,
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executers,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 is or its part, to be kept and
performed at the time and in the manrier therein specified,and in all respects according to their trine
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 costs and reasonable expenses and fees, including reasonable attorneys fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in army judgement rendered.
B. The condition of this obligation as to Section 2(B) above is such that said Principal and the
undersigned as corportic aurcry are held firruly bound unto the County of Contra Cosa 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 furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an 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 frees, 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 costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title IS(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shalt 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 liability on this band; 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 AND SEALED on March 23, 2004
PRINCIPAL See attached signature page SURET CH INSURANCE CC? ANY
By By
arca a. Bre5ner, Attorney-in-Fact
Address Address 135 N. Los Robles Ave, , #825
Pasadena, CA 91101
rn.
G/�_�Gcyp-D__�``.u4,a�Ys a+��/�e{v�ornu�iBlt WOMEN-IQ ace
WINDEMEItE 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 corporation,its Managing Member
By:
David Evans, Vice Pr sident
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On March-24, 2004 before me, Dina Printv, 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
r and official
seal.
w r comat �# 140
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Notory Put#c-Ca0OM
ofo Count
ev comm. N*48,
w.41 .44004
OPTIONAL b
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California Inc
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. SU 5046289
Number of Pages: Three (3)
Date of Document: March 23, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A r+OWLEDGMENT No.5907
State of California
County of Orange
On March 23, 2004 before me, Leigh Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE.WE.NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME($)OF SIGNER(S)
personally known to me-OR- 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
� tGK °o 1�� behalf of which the person(s) acted, executed the instrument.
C�,�r,rnt�stflt+ 3tf0mis
Soto�1
ot itcou
W 6 2W6
n�.
,, WITNESS my hand and official seal.
SIGNATURE OF IMA7
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNERS) ® LIMITED
GENERAL
® ATTORNEY-IN-FACT
® TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING- DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION"8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the taws of the State of Missouri,having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Rhonda C.Abel,Jeri Apodaca, Patricia H. Brebner,Alexis H. Bryan,,lane Kepner, Nanette Myers, Leigh
McDonough, Mike Parizino,James A. Schaller, Rachelle Rheault and Ashley Ward of Irvine, CA(EACH)
Its true and lawful Attorney(s)4n-Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority-does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance�of these presents shall be els;binding upon the said
Company as fully and amply to all Intents and purposes, as if vie same had'bliid duiy.exis�tfted and acknowledged by its
elected officers at its principal regularly p dpal af'flte in Kansas City, Missouri.
This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being In full force and effect:
"VOTED, That the Chairman of the Board,the President, or any Vice President,or their appointees designated In writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,'.
and to authorize there to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the mature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous,consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the ,Board, the President, or any Viae President, or their appointees
designated in writing and flied with the Secretary. and the signature of the Secretary, the seat of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it Is attached,shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Mage t of 2 Printed in U.S.A.
In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers,this 1st day of March ,20 04
Arch insurance Company
Attested and Certified
IlkNyd � ��
Joseph S.1.4d,Corporate Secretary Thomas P.Luckstone,Vice President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B.Gilligan,a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Labelt personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
. Me
OFf�'lC{i~t.SEN.
Maim B.Quism,me"Public
MY r�dC wdvc hart `2 lissaMHWit,Notary Public
My commission expires 2-28-05
CERTIFICATION
1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated March 1.2004 on behalf of the person{s}as listed above is a true and correct copy and that
the same has been in full force and effect since the date thereof and Is in full force and effect on the date of this certfioate;
and I do further certify that the said Thomas P.Line,who executed the Power of Attorney as Vice President,was on
the date of execution of the attached Power of Attorney the duly elected Vice President-of the Arch insurance Company.
IN TESTIMONY WHEREOF, i have hereunto subscribed my name and €Mixed the corporate seat of the Arch insurance
Company on this 23rd day of .arcs .20 04 r
;��"
Joseph S 811,Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except In the manner and to the extent herein stated.
n
,m
lb�Nd
Home Office:Kansas City,MO
OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A.
ARCH Insurance Company ARCH Surety
NOTICE — DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety.percent (90%) of covered terrorism losses exceeding
the applicable insurer deductible.