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Home My WebLink AboutMINUTES - 05162006 - C.2 TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa o' a;riaia'�e z • DATE: May 16, 2006 °��•-- '�� County srA-coiiK`t4 SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for PA 05-00023 (cross- reference Subdivision 04-08923), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 0204�3 for PA 05-00023 (cross-reference Subdivision 04-08923), approving Subdivision Agreement (Right of Way Landscaping), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROt1ND/REASON(S) FOR RECOMMENDATION(S): PA 05-00023 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping) will not be approved. Continued on Attachment:_,,-' SIGNATURE: _✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE /APPROVE OTHER SIGNATURES ACTION OF B04RIJ ON 24ft 16 APPROVED AS RECOMMENDED OTHER v0T OF SUPERVISORS Ihereb certif that this is a true and correct UNANIMOUS(ABSENT 0 W e--- Y Y AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:\EngSvc\BO\2006105-161PA 05-00023 BO-16(DV).doc i cmm OrAV Ir p, Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED cc: Public Works- A.Bell,Construction JOHN CULLEN, erk of the Board of Current Planning,Community Development T—March 16,2008(P1) Supervisors and County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite#500 San Ramon,CA 94583 Attention:Brian Olin Arch Insurance Company By , Deputy 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attention:Rosa E.Rivas it THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 16, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ .3 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 05-00023 (cross-reference Subdivision 04-08923), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for PA 05-00023 (cross-reference Subdivision 04-08923), located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within 2 year(s) from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $4,200.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 451038 September 12, 2005 G:\EngSvc\BO\2006\05-16\PA 05-00023 BO-16(DV).doc I hereby certify that this is a true and correct copy of an i cmm Oraction taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- A.Bell,Construction 'Current Planning,Community Development t / T—March 16,2008(PI) ATTESTED: /�Qy �� • o�/�� Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite#500 JOHN CULLEN, CNA of the Board of Supervisors and Attention:Brian Olin County Administrator Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attention:Rosa E.Rivas By ,Deputy RESOLUTION NO.2006/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 05-00023 (cross-reference Subdivision 04-08923), San Ramon Valley (Dougherty Valley) area. (District III) DATE: May 16, 2006 PAGE: 2 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU 5015801 July 13, 2005 Performance Amount: $412,800.00 Labor&Materials Amount: $208,500.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RES OL UTION AAO. 2006/ C SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: PA 05-00023 (cross-ref SUB 8923) _ Effective Date: f�AA Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: iWINDEMERE BLC LAND COMPANY,LLC 'A California limited liability company 'By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: 'A Delaware limited liability company Managing Member Maurice M. Shiu; Public Works Director By:Lennar Homes of California,Inc., Managing Member i By: (signatu "Asst, (print name title) aul ry RECOMMENDED FOR APPROVAL: P By 7—1 ! 1-45 � (signature) Engineering Services Divisi n (print name&title)Don son,Vice President FORM APPROVED: Victor J.Westrnan,County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider 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 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). Subdivider 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 4.200.00 cash,plus additional security,in the amount of $ 412800.00 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,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 208.500.00 which is fifty percent(50%) 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 Subdivider guarantees paymentto the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 12, 2005 before me, Karen L. Keenan,Notary Public, personally appeared Don Larson & Paul J. Menaker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN CorrvnWon# 1378827 'gnature of tary Public ,-i Notary-Public - California Contra Costo County Comm.Expires Oct`7.2006 g a r �^ �„'°"•` dot ( .S ?', s � DEPCSI�PEELMIT` N. - i fi ry r -A 101M, 1 `� 101M,Ex+TREASURER yh it rri a iy w M v r t x 4 � P_3RFf � KAP v 9.•` jj S7 r RECEID�FROM�" li .c� �� ,�� x ;��,. r, ✓ �5� (VI ORGANIZATION NUMBER jf or Cosh Collection Ptocedures seeGo Adminis#rator.'s:Bullefin 1Q5. F DESCRIPTION FUND/ORG SUB' TASK OPTION? ..ACTIVITY AMOUNTACCT.. i 91 i . c t q!r Pr W w Al '4011 /n T �. h r k,'> k ? " .t • � ,` �} �' ` - err '= ,r /7 �i �'r�� yy _. b 'C� 06 t,i Vit. $ I 1') a..t• t fl?(r'cd v"174t h 11 : 1 1 r s f/ K11- An [�, 'xtl E• i l fl'�€) r' t#'�`ff. '' 'd7` r� fFA4%�3- pq .r`�,f• a .7: . . CJI XPLANATION � TOTAL 8,t. DEPOSIT �, Deposit consists of the followirig item; I'" t /.(,:/Ctrl COIN and;CURRENCY $ CHECKS.fvUD:ETC. 7 1 , �-/�': Jf BAN K,pEPOS1T5; r !; - NTRO R ONLY fOR AUDROR-CC1 ONTROLLER LlE USE . Yt� 11 r r a DEPOSIT Y PERMIT pp ' 'NUMBER 4519303. SE ASSIGNED ' he amount of money described above is for Treasurers ecaipt of,above cmount ii opproved. -Receipt of abovey""riio'nt•is.hereby deposit into the County Treasury ccknowlelyecl/ ri � r 7, � 9ne r Signed` �tle.' '( 11 EX7 ? Deputy Gcjunty Auditor reasurer Deputy bounty T 14REV.'(7 93) a Lrs .• t DEPOSIT PERMIT } FFIGE,OF COUNTY(AUDITOR CONTROLLER �i„ -td'a -,r '4 a,q l;'l �'r d si a`.. F x'v .1�r '- TO THE�TREASURER - v MARTINEZ,CALIFORNIA (. �. � @ �; RECEIVED FROM ORGANIZATION NUMBER -- � i r (For.Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. A B. TASK OPTION ACTIVITY AMOUNT al l / !!jf /jl �� 7 1 �i :) i ) �4 C., 1 I �" J �..> .v r� I Js l �J / . � t }!.-L I_:✓'r !f!fi.i!i / f;'![.Uf. ]_• K'(5/i"7 /....%4 {J 'i )� ��'" `�it�it�� /•1 jr'!� i-.�_' ;/kph .� f � I� !/,.;f.ifi I'•� �.)S• �� IY'f�? 9°7� r � It {;l i! t,'xJ_+t, {'�} . : ,:i jLt)..? 1, l It/ ,r �-%� 1 7 t 1 XPLANATION: I I I .i I f I I I f I "•TOTAL $ I (.� DEPOSIT Deposit consists of the following items COIN and CURRENCY $ f CHECKS,MLO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP C.I 7 NUMBERDATE _ ASSIGNED "I /12 / D 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. �Dp.ty acknowledged all Signed 'rr �. _.frts.. Date "/ Signed: Signed: rifle` ' f({ /, t;` EXT ( County Auditor Deputy County Treasurer 34 REV.(7-93)' �r ` i 819800-0800: G1189846, $1,500.00, DG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189848, $3,500.00, DG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189850, $5,300.00, PA 05-0024, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189852, $53,200.00, RA 04-01171, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189853, $1,000.00, RA 04-01178, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 C819:800-OC:861189855, $4,200.00, PA 05-00023, Cash Bond, Windemere d pany, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 819800-0800: 61189857, $23,000.00,RA04-01175, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189859, $3,300.00,D&04-00050, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189861, $43,300.00,PA03-00015, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0682-9752 / 139200: G1189425, $309,493.55, Sub 8331, COA'5 80, 86,87,88,105,106, 107, Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0682-9752 / 139200; 61189426, $6,500.00, Sub 8331, COA #118A, Construction of bus stop shelter , Danville Tassajara Ptrs, LLC, - 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189817, $150,000.00, RA 04-01175, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189825, $100,000.00, Sub 05-08925, Subdivision . Improvement Inspection Fee, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189831, $96,700.00, Sub 05-08924, Major Subdivision Improvement Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189836, $100,000.00, Sub 05-08926, , Major Subdivision Improvement Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189839, $13,600.00, Sub 08926, Landscape Improvement Inspection, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300: 61189841, $11,300.00, Sub 05-08925, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 f i 0649-9665 / 112300: G1189843, $11,700.00, Sub 05-8924, Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189845, $29,400.00, DG 04-00048, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189847, $10,300.00, DG 04-00049, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189849, $19,300.00, DG 04-00049, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189851, $27,500.00, PA 05-0024, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189854, $5,900.00, RA 04-01178, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189856, $22,300.00, PA 05-00023, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-966.5 / 112300: G1189858, $107,200.00, RA 04-01175, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189860, $1.8,500.00, DG 04-00050, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189862, $90,000.00, PA 03-00015, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189815, $102,800.00, RA 04-01175, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189822, $30,500.00, Sub 05-08925, Cash Bond, . Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189828, $20,700.00, Sub 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: &1189833, $27,900.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189838, $2,300.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189840, $1,700.00, Sub 05-08925, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189842, $1,800.00, Sub 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189844, $5,800.00, OG 04-00048, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: PA OS-00023 (cross-ref SUB 8923) Bund No.: SU 5015801 Premium:$4, 2 . IMPROVEMENT SEC1ilRITY BOND FOR PUBLIC RIGHT OF WAY LANASCAPE AGREEMENT (Performance,Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL 06 SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in PA 05-00023 (cross-ref StJ13 8523) as specified in the Subdivision Agreement (PUght.of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Paxcel Map for said Subdivision. 2. OBLIGATION: Windemere BLC Land Com any, I.l_C � ,as Principal,and Arch Insurance Company a corporation organized existing under the laws of the State of Missouri and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay w A. Performance and Guarantee: four Hundred Twelve Thousand Eipht Hundred and 00/100 Dollars ($ 412,800.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Hundred l=ight Thousand Five Hundred and 00/100 Dollars ($ 208.500.00 1 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Pan 4 of Division III of the Civil. Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors,administrators,successors or assigns,shall in all.things stand to and abide by, and well and truly keep arid 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 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 pan of the obligation secured hereby and,in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, incluijing_reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other person`s 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 fees, including reasonable attorney's fees , incurred by County(or city assignee) in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated ai►d agieed That this bond shall iliure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Pan 4 of Division 3 of the Civil Code,so as to give a rightof action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed them this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on',this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard ,to and independently of any action against Principal whenever taken. SIGNED AND SEAL.E.Q on July 13, 2005 PRINCIPAL.: See attached signature block SURETY: Arch Insurance Company Address: 6121 Bollinger Canyon Rd. . Ste. 500 Address: 135 N. Los Robles Ave. , #825 City: San Ramon, CA Zip; 94583 City: Pasadena, CA Zip; 91101 By: By: Print Name: Print Name: Rosa 'E. Rivas Title: Title: Attorney-In-Fact AllW oFWS0SHxROa1n\(,rpDiWEu&SwFonn9\6N wOXDoBN-12A4oc 8afr«lil3r�t;'t�t2�t$ WINDEMERE 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 B Lawrence H.Thompson, ice President By: Y Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 14, 2005 before me, Dina Prints, Notary Public, personally appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the.same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DINA PRINTY lioCommission# 1453610 zNotary Public-California Z Orange County My Comm.Expires Nov 28,2007 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: Lawrence H. Thompson —Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5015801 Number of Pages: Three (3) Date of Document: July 13, 2005 Signers (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 13 2005 before me, Rhonda C.Abel, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E.Rivas 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 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 behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RHONDA C.ABEL U COMM.#1312777 A— d.,aea e NOTARY PUBLIC-CAUFORNIAI7 SIGNATURE OF NOTARY - ORANGE COUNTY n A!a0� COMM.EXP.AUG.9,20051 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) ❑ PARTNER(S) LI MITED 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 2/98 0 1993 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 laws 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,Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault, Ashley Ward, Grace.Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attorneys)-in-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 as binding upon the said Company as fully and amply to all intents and purposes, as if.the same had.tieen duly executed and acknowledged by its regularly elected officers at its principal office 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 them 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 nature 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 Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, 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. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. Y4 �Arch I ,g rpppe� h'al`t U IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT QF20 The=nce. Risk Insurance Act of 2002 establisYes a rrtechanism bywhich the federal government wilLstiare, with industry, in losses erisirig out of 'acts;of terrorism" certified as.such by the::Secretary of the: Treasury::"Certified-acts of terrorism"are defined as events that cause more'than .5:m inion1n.losses and: 1. Are violent ar:dangerous tobuman life,,property,.or the infrastructure; 2. Resuit.in damage-within:the United States, on a United.States rnission, bf.to a United:States aircraft.or vessel, c9r1Cf 3, Are committed by individuals; acting err behalf o€ foreign persons or trtteresf as part of an effort`to.eoerce the civilian poputatior, Of the United States lir to lnfluence itis policies or conduct of the Umteii Stales Government. The Act specifies that coverage for"certified acts of terrorism";rrtusf tie made available m.commercial property and casualty policies of insurance, 'and it'requires insurers to disclose,any°applicatte premium charges anal the -federal share of.co'mpensation..We are makingAhese disclosures in iWict.corrplian'ce:wiih the.-A-et: Disclosure:,of Availabrlitjr 00"`verage.for Terrorfsr Losses Coverage for losses resulting;farm "certi,ied acts of terrorism"is being:mede available to you on terms; amounts, and.limitafion5.9enerelly applicable to losses resulting from perils:other thanacts of'terrorism,. I?isclosure"of Federal Share of Compensation for 7errorsrn.losses. The federal government will pay a :90% share of an insurer's terrorism losses once the insurer ttias'safisfied 'a significant. aggregate :annual deductible. For terrorisrri :losses. occurring in ZOO' that deductible .is' 1% of the insurer's 2001 ,direct earned premium. For, losses occurring in 2009, 2004 and; 20.05; the annual insurer deduchbles.are 7%, 10% and, 150 of the pr or,ycar's direct serried premium, :respectively. The.Act provides'that: neither insurers nor the;federal government,are,responsible for losses associated�ti±with "certified aets.ofterrorism" once aggregate annual'insured losses exceed 100'billiom Diseiosure of TerrarisM trtsurariae_Prerriiurn Your Bono premium charge For"certified acts of terrorism"coverage is$a. SR 8017(Ed.11 09) Mage.1.0f:I Printed in U.S A.