HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-433 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted.this Resolution on July 19,2005,by the following vote:
ALES: Supervisors Piepho,
Desaulnier,Glover and Uilkerna
NOES: None
ABSENT: Supervisor John Gioia
ABSTAIN: None
RE QLUI ,,O 4
SUBJECT: .Approving the Road.Improvement Agreement for Japonica Way Bridge, RA 07-
01141 (cross-reference
201141 (cross-reference Subdivision 03-48508),being developed by Windemere BLC
Land Company, San Raman(Dougherty`'galley) area. (District M)
The following document was presented for Board approval for JaponicaWay Bridge; road
acceptance file RA 02-01141 (cross-reference Subdivision 03-08508) property located in the San
Ramon (Dougherty Valley)area, Supervisorial District III.
A Road'Improvement Agreement with Windemere BLC Land Company, LLC,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement, within one year from the date of said agreement. Improvements generally consist of
structural'improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code,as follows:
I`hereby:certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator; Public Works(ES) on the date shown.
Contact: T.Rie(313-2363)
0 GrpData`EngSvc%0\2005\07-19\RA02-01141 BO-lS.doe
LT:rm ATTESTED: JULY 19, 2005
CC: Public Works-T.Belt,Construction
Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and
T-May 19,2006
Windenere BLC"Land Company,LLC County Administrator
6121 Bollinger Canyon Road,Ste 500
San Ramon,CA 94583'
Atilt:Brian Olin
The Continental Tnsurznce Company
2600 Lucien'Way,Suite130By , Deputy
Maitland,FL 32751
ARA.Rhonda C.Abel
RESOLUTION NO.2005/ 433
SUBJECT: Approving the Road Improvement Agreement for Japonica Way Bridge,RA 02-
01141 (cross-reference Subdivision 03-08508),being developed by Windemere
ere
BLC Land Company, San.Ramon(Dougherty`alley) area. (District ISI)
DATE: July 19, 2005
PAGE: 2
1. Cash Bond
Performance Amount: $17,300.00
Auditor's Deposit Permit No. DP 446032 Date: June 13 2005
Submitted by: Windemere BLC Land Company,LLC
"Taxpayer identification number: 94-3291516
II. Surety Band
Bond Company: The Continental Insurance Company
Bond Number and Date: 929367275 June 1, 2005
Performance Amount: $1,711,700.00
Labor"&Materials Amount: $864,500.00
Principal: Windemere BLC Lanni Company,LLC
NOW,, THEREFORE, IT IS RESOLVED that said read improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO 2005/433
RQAQ IMERO-YE14ENIAC= a.14ft�NT
Developer. Winde tonere BI..C.Land Co�My LLC Effective Date _
- t q
Development. RA 1141 ( ubt i 'svr itirt 8,508) Completion Period: 2 year
WINDEMEFX BLC LAND COMPANY,LLC }
Road; Danica BridgeA California limited liability company 1
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC,
A Delaware limited liability company
' r
'�'CN'Ti 'I`A COUNTY �`EL P By:Managing
Member
I3orri #a ia,Inc.,
Maurice M.Shiu,Public Works Director nag rl 4 e er
es of Cali p 11
By: (signatu ` ". •�
(print name title)P J, naker,Asst.S c
tECUlytN1---.DEL FORAPPftt}UAL
(signature) 9 VA,AAA
By: (print name& e40majmhn,Vice;President
Engineering 5 c rutile
FORM APPROVED Victor J.Westman,County Counsel
(NOTt c All signatures to be acknowledged.tf Subdivider is incorporated,signatures rust
cun&rrns with the designated reprmantadve groups pteattant to Corporations Code 5313.)
l UR
M&PATE.Effectiveon the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned 17eve over,
mutually promise and agree as follows concerning this development:
2. IMI' OVIRIONTS. Developer agrees to install certain roadimprovements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvemerntplans for this development as reviewed and on
File with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance C€yde(including future amendments thereto).
Developer shall complete said work and mptevements(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. IMPROV NT" CY. Upon executing this Agreemetrt,the Developer shall,pursuant to the County OrdinanceCode,provide as security to the
County.
A. For P, --rf6r ,ani Guarantee: S17 tl{1.U0 cash,plus additional security,in the amount of$1,,UL700.U4vrhiclt together fatal one hundred
percent(1000%)of the estimated Cost of the work. Such additional security is presented in the form of
Crash,certified check or cashiers check.
x Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,the Developer guarantees per%miance udder 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. Forl'a3M:Security'in the amountof$864.500.(ffiwhichisf#typercent(50°to)ofthe tstirnatedcostofthework. Such'security ispresented n
the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond:'
Aceeptable 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 therm or to the Developer.Upon acceptanceof thework as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordancewith 594.4.406 and S944.408 of the Ordinance Code. }
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4. UC ARANTFE ASID W_ ARR-ANTY QF WQRIC, Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfaptorily for a period ofone-year front and after the Board of Supervisors accepts the work as complete in acccrrdancewith Article 964.4,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be'accepted into the County road system. 1
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5. PLANT ESTABLISHMENT W£DItK Developer agrees to perform establishmdnt work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodentand other pest control and otherwork determured by the
Public Works Dopartmerit to be necessary to insurc establishment ofplants. Said plant establishment work shall be performed for a period ofone-year from and after
the Board of Supervisors accepts the work as complete.
G. NPROVEMENT 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,atanytime before the Board of Supervisors accepts the work as completeor during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall makewhatever changes are necessary to accomplish the
work as promised.
7. ]vNO WAl VER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agentoremployee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer ofhis obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising front the failure to comply with any of the terms and conditions hereof.
8. R!aEMNITY. Developer shall hold harmless and indemnify the indemmters from the liabilities as defined in this section: j
A. 171e indemnities 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 anyliability or claim for damage of any kind allegedlysuffere d,incurred or threatened because of actions {
defined below,and including personal injury,deathproperty 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 comlplede,and including the
defense of anysuit(s),action(s),or outer proceeding(s)concerning saidliabilitiesand claims. i
C. The actions causing liabdEty are any act or omission(negligentor non-negligent)in connection with the matters covered by this Agreement and 3
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditit»ts: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plans)or specification(s)in connection with this work,or has insurance or other indemnificatitmcoveting any of these
matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
t. L wituleotero DLC t,artd Company LLCC't1LC")stoma hidattutify,defend and protect Contra Calfa Cotnay("County")and the Cmrim#ants County Mood Control and water Conservation District
(collectively."District")against,and hold County and District ha mess from,any and all claims,costa,lopes,liabilities,damages or other expenses(inciodaig attorneys fees and oxiaentea),to the fullest extent not prohibited by
applicable lour,arising out of or alleged to arise out of BLC's activities order Section 5{o}afthat certain"Suppicoma t to Cooperation Agreement,"dated Jutta 2006 byand betwocu,ULC and Shagtli ladasttits,ilat.(",+^its
including,wittoutGmitation.anyclaim,cost,loss,iiatdaty,datnageorotherapeamoritingotaarmtyutt&utorother proccodnlgMNrgMbyShWUoplostCountyorDistrict ineonnoctionwithanyact,approvalorotherreorement
of County or District in connection with at.C'a oativities under the albrerneationed Supplerram to Cuoperuion Agrtfffi tt.
i
2.HLC's obligations under Section I abovoxhatl exist regardless ofccummat neglilicom or wallet niscooduct;an the part ofthe County or District ca any other ferson;provided,however,that nLC i.
shall not be required to indemnify,,protect,defend or hold County or Districthowdesa to the extent anyclahns,losses,liabilities,daermges or other expenses an adiriiwtabit to the WSRStnecor+v7tati miwvµtdud ofConMyor DiArict at
nuuntsuing.orrepairing uVroveeimustimhave been ofremdfor dedication toand acceptedbyCourcyorDistrict-for}ttaineenacce.The obagaitansofEWWrosimdIn,the AgreemauAaliausvivctemrincenoofatomCooperation
Agreement and shall survive the dedication and acceptant of improvements by County or District
9. COSTS: Developer shall pay when due,all the costs of work,including inspections thereof and relocating existing utilities required thereby:
to. NON-PERFORMANCE AND MSTS: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 upondemand;'
Developer hereby consents to entry on the development property by the County and its forces,including contractors,its the event the County:proceeds to
complete and/or maintain the work:
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
completes the work.
Should Comity sue to compel performance under this Agreementor 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.
it. INCORPORATION/ANNEXAMN. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorporated as a city or is annexed to an existing city,the Countys rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement
as though developer had contracted with the city originally.
12, CONSIDRA TMN_ In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the mad(s)into the County-maintained road system,after the improvements arc complete.
Other(requires County Counsel approval
LT:cttun
G:'GipData\Adnuttictwhatmi*Moad lniprovelnent AgreetneaA A 1 t A 1SubgSH 052545.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT'
State of California
County of Contra Costa
On June 6. 2405 before me Karen.L. Keenan,Notary Public,personally appeared
Don Larson&Paul J. Menaker,personally known to me to be the person(s)whose
name(s) are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their'signature(s)on the
instrument the person(s), or the entity upon behalf of which the person(s)acted, executed
the instrument!
WITNESS my hand and official seal. .. .. ..
KAREN t IffEll
Cornminion#137=7
nbtory-PuCdic COVO 10 _
Contra Coster County
Signature of l+Tot ubiic My Comm Expires Oct 7,2006f
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The amount of morrey dascribect above is for Treasurer's receipt of above amount Is�c ipr rred. Recelpt of above amour#is hereby
pas t into the County fraas:u acknowledged.
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Titin' ( }P ' E3C� If l � f7eputy Cc�nty Au Sitar Deput crun#y Treosursr
D-34 REV.(7-93)
0649-9665 / 112300: 01161569, $13,700.00, 0604-00037, brainage
Improvement Agreement Inspection Fee, Danville Tassajara Ptrs., LLC, 6121'
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: °61161570, $4.328,00, RA01-01160, Land Plan Check
beposi't, Shapell 'Industriesof Northern California, 100 N. Milpitas Blvd.,
Milpitas, CA'950135
819800-0800: 61161546, $1!7.300,00,` RA 02-01141, Cash Bond, Winclemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61161557, $2,700.00,; DG 04-00044, Cash Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite' 500, San Ramon, CA
94583
81.9800-0800: G1161559, $2,300.00, S099-08331, Cash; Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon'Rd., Suite 500,;San Ramon, CA
94583
819800-0800: 61161561, $10.500.00, RA04-01173, Cash' Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583'
819800-0800: G1161565, $1,600.00, RA04-01162, >.Cash Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon`Rd., Suite 500, San -'.Ramon, CA'
94583'
819800-0800: 61161567, $2,300.00, bG04-00037, "Cash' Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon' Rd., Suite'500, San 'Ramon, CA
94583'
0649-9665 / 112300: 61161526, $1,509.00, FS0500037, Flood Control,
Passport Homes,Inc., 7950 Dublin Blvd., Suite 203, Dublin, CA 94568
0649-9665 / 112300: G1161530, $20,000-00, RA 04-01168, Road
Acceptance Review, Shapell Industries of Northern California, 100 N.
Milpitas Blvd., Milpitas,;CA 95035
0649-9665 / 112300: 61161533, MS 01-0020, Wilbur T. & Arlene S. "`Daly
111, 624 Hidden Lakes Dr., Martinez, CA 94553
$1,019.89, Map Check
$2.755.46, COA Compliance Check, no Improvement
0649-9665 / 112300: 81161536, $90,000.00, Sb 99-08331,,,Inspection'Fee,
Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., :Suite 500, San
Ramon, CA 94583
01649-9665 / 112300: G1161547, $81,400.00, RA 02-01141, Road
Acceptance 'Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
03649-9665 / 112300 G1161558, $15,600.00, DG 04-00044, 16rainage
Improvement Agreement Inspection Fee, Danville Tassajara Ptrs., LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1161560, $18.800.001, 50 99-08331, ' Landscape
Improvement Inspection, Danville' Tassajara Ptrs., LLC, 6121 'Bollinger Canyon
Rd„ Suite 500, San Ramon, CA 94583
0649-.9665 / 1123030: 01161563, $50.400.010, RA 01-01173, Road
Acceptance` Inspection Fee, Danville Tassajara 'Ptrs. LLC; 6121 Bollinger`,
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1161566, $20),700.00), RA01-01162, Landscape
Inspection Fee Deposit, , Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon'
Rd., Suite 500, San Ramon, CA 94583
E CUTED' IN DUPLICATE
Baud Nay.. 929367275
Development: R l l,Al jSa-Wivisuan 85081
Premiums$8,559,CIO
ImpRovENEN'r SECt iwy BnNa
FOR ROAD IMPR V9KENT ACRUMENT
(Perf6rni- ce, Guaraniee, and Payment)
(CaliforniaGovernment Code § 66495-66499.10)
1. REMAL OF ROAD IMPROVEMENT AGItE]mrNTThe Developer(Principal)has execute€t an agreement
(Roadr lmprovennent'A,Breei T} with the County to install "and pay far street drainage'and other
irnprovern mts on,or along RA 1141,to complete said work within the time specified for completion in the
Road Improvement Agreement, all in accordance with Slate and local laws and rulings.
2. OBLIGATION: ind fere BLC Land Carnoan_ UC,as Principal anti The Continental Insurance
Comgany ,a corporation organised under the laws of the State
of New jump shire,, and authorized to rransat t surety business m Ca foinia,as Starety,hereby jointly and
severally bind ourselves,our heirs,executors,admirastrators,successors and assigns to the County of Contra:
Costa,California to pay as follows:
. . Performance:° One 1v1i1 i n _50-M.HuRnAred—ankEleyft Ten H e an 00/100
Dollars($1,71 L 00,00)for itself or any city assignee under the above County Road Improvement
Agreem nt,plus
B. Payment: t " t unre andSix -Four Five ti /l Q Dt'llaxs($8Sa,500.Q(ll
to secure the claims to which reference is made in Title 15 §et seq.of the Civil Code of the Stare of
California.
3. CONDITION:
A- The Condition of this obligation as to Section(2..A.)above is such that if the above banded Principal,
a--principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
:�.oid:by';and well and truly Keep and perform the covenants,conditions and provisions in the said
agt eeme�nt and any alteration thereof made as therein provided on it or its part, to be kept and
per1forrned at the time and in the manner therein specified and in all respects according to their true
intent and mewing aia&shall indermify and save harmless the Couaty of Contra Costa or city
assignee,its officers,agents and employees,as therein stipulated,then this obligation shall became
null and void, otherwise it shall be and remain in fall 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 he
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 furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned 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,expenses and fees,including reasonable attorney`s fees,incurred,by
the County of Contra Costa or city assilmee,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
persons,companies and corporations entitled to file claims underTitle 15(commencing with Section
3082 of Part 4o Division 3)of the Civil Code of the State of California,so as to give a right of
action to them or[heir assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void;otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and.the County shall relieve the Suretyfrom liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the;Surety and the
S'uretyhereby waives the provisions of California Civil Code Section 7819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:. ;
The undersigned executed this document on June'.1, 2005
PRINCIPAL:. See attached signature page SURETY: The Continental Insurance Company
Address::;6121,Bollinger Canyon Rd., Ste, SOp Address: 2600 Lucien Way, Suite 130
City: San Ramon, CA 94583 City: Maitland FL 32751
By: aY ''
Print Name: Print Name: Rhonda C. Abel
Title- Title: A.ttomey-in-Fact
L7x.r,
G �Dr.r anw.�nwr+inn+wnRn+n Sona wen..ma..�M%RA i NI 0250 aw
W indexnere BLC Land Company LLC,
a Califomia 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 Evan
Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On June 2. 2005 before me, Dina Printy, Notary Public, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the sate in his authorized capacities, and that by his signatures
on the instrument the person or the entities uponbehalf of which the person
acted, executed the instrument.
Witness my hand and official seal. i �.•+•+
_ Comminion#1453610
NotarY PublIC-CaMomky
orange County
W Comm I Expim Nov2$,*
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form:
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING;'
Corporate Officer--Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of"Document: Surety Bond No 929367275
Number'of Pages: 'Three Q
Date of Document:- June 1, 2005
Signers (other than those named above):Rhonda C. Abel
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7
State of California
County of Orange
On 06/01105 before me Rosa Estela Rivas,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Rhonda C.Abel
NAMES)OF SIGNER(S),
personally known to me-OR ❑ proved to meon 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 tris/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
ROSA ESTELA FItVAS
$' COMM.#t 1447"81
Ni�TARY PU81IC CALIFORNIA
ORANOE COUNTY WITNESS my hand and official seal
eAy rcrr,ni.Lxp:res Oct.28,20(17
� Lha �.l✓� �<��-°-G.:.
SIGNATURE OF NOTARY
OPTIONAL.
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYKE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
H GENERAL
ATTORNEY-IN-FACT
TRUSTEES)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)O'T'HER THAN NAMED ABOVE
S-1087/GEEF V98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 913o9-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL.ATTORNEY-IN-FACT
Know All Men By These Presents,ThatThe 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 duty 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 seats
herein affixed hereby make,constitute and appoint
Mike Parizino Linda En h Rhonda C.Anal James A.Schaller Jane Kepner,Nanette Marietta-Myers,Patricia H
Brebner,Alexis H.Bryan,I-eigh McDonough, Individually
Of Irvine California
their true and lawful A.ttorney(syin-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 Sy4.aw and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIC Companles hay$caused these presents to be signed by their Vice President and their corporate seats to
be hereto affixed on this 2nd day of April,2002.
• r ; The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
;Za /
`;�y� �aib�',. ��,fit#'...»`���'�� -•,��,i� ' "t�s..� j ,
Michael Gengler 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 sworn,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 sold 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
tike authority,and acknowledges same to be the act and deed of said corporations.
+
"OFFICIAL SEAL' 'r
DIANE FAULKNER
Notory Public,5tote of Illinois
My Commission Expires 9117/05 - � •- - '``�,
f
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,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 stili
In force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 1st. day of
June 2005
The Continental Insurance Company
U7 • Firemen's Insurance Company of Newark,New Jersey
l�f.... ....... �
Mary A.Rlblkawskis 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 executePowers 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 facslmlle,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,NEWJERSEY:'
This Power of Attorney is granted and is signed by facsimile under and by the authority of the folloWng 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 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."
NOME
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer;
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing g Companies") as surety
or insurer: Western Surety Compaany, Universal Surety of America., Surety landing
Company;of America, Continental Casualty Company, National Fire Insurance
Company of Hartford, American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark Nd, and The Continental Insurance Company.
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
ZM`
The:United States will pav ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible;