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HomeMy WebLinkAboutMINUTES - 06132006 - C.14 i -TO: BOARD OF SUPERVISORS ;ail }` Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR - Costa l DATE: June 13, 2006 ,: °SrA COU �� County SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 03-01151 (cross- reference Subdivision 03-08509), being developed by Windemere BLC Land Company, LLC, San,Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/130 for RA 03-01151 (cross-reference Subdivision 03-08509), 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. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 03-01151 (cross-reference Subdivision 63-08509) 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 WayLandscaping) will not be approved. f Continued on Attachment: ✓ SIGNATURE: 1 _ ECOMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMMITTEE ✓XPPROVE OTHER SIGNATURES ACTION OF BOAkd ON G APPROVED AS RECOMMENDED OTHER VOT OF SUPER ORS UNANIMOUS(ABSENT 49 "sv I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Z:\GrpData\EngSvc\30\2006\06-13\RA 03-01151 BO-16.doc TR:kg Originator: Public Works(ES) t Contact: T.Rie(313-2363) ATTESTED: y� v ,S' cc: Public Works- A.Bell,Construction JOHN CULLEN Clerk of the Board of Current Planning,Community Development T—April 13,2007(P1) Supervisors and County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin Nat'l Farmers Union Standard Insurance Co. By , Deputy One Financial Plaza,IOh Floor Hartford,CT 06103 ATTN: Patricia H.Brebner - i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 13, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaulnier,Clover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/-94/ SUBJECT: Approving.Subdivision Agreement (Right of Way Landscaping) for RA 03-01151 (cross-reference Subdivision 03-08509), 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 RA 03-01151 (cross-reference Subdivision 03-08509), located in the San Ramon(Dougherty Valley) area. i 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 one year from the date of said agreement. Improvement ls generally consist of landscaping. Said document was accomp i ped 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 I as follows: I. Cash Deposit Deposit Amount: $9,870.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 436206 December 16, 2004 Z:\GrpData\EngSvc\BO\2006\06-13\RA 03-01151 130I16.doc I hereby certify that this is a true and correct copy of an ri Ogi nator: Public Works(ES) action taken and entered on the minutes of the Board of Originator: Contact: T.Rie(313-2363) Supervisors on the date shown. cc: Public Works- A.Bell,Construction Current Planning,Community Development T—April 13,2007(P1) ATTESTED: \Awy!Ci /00, �i" G Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator ATTN: Brian Olin Nat'l Farmers Union Standard Insurance Co. One Financial Plaza,10's Floor Hartford,CT 06103 H. By ,Deputy ATTN: Patricia H.Brcbner RESOLUTION N0.2006/ I SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 03-01151 (cross-reference Subdivision 03-08509), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: June 13, 2006 PAGE: 2 II. Surety Bond Bond Company: National Farmers Union Standard Insurance Company Bond Number and Date: 4410197 December 3, 2004 Performance Amount:I $977,430.00 Labor&Materials Amount: $493,650.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. I All deposit permits are on file with the Public Works Department. RF_SOI_(.l7ION NO.-, 200513& ->Ut5UIVl6IUN AGREEMENT (Right of Way Landscapind) t (Government Code §66462 and §6640 r Subdivision: RA 1151 .(cross-ref SUB 8509) Effective Date: (O G �.( 2 Subdivider: Windemere BLC Land Company, L.L.C. Completion Period: 1 year WINDEMERE BLC LAND COMPANY,LLC THESE SIGNATURES ATTEST TO THE PARTES'AGREEMENT HERETO: A California limited liability company I By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Dir ctor By:Lennar Homes of California,Inc., anaging Member By: (signature) (print name&title) Don Larson,Vice President RECOMMENDED FOR PPROV : inature By: (Sig, � Engineering Services"Di ISio (print name 8d title)Darleen Carpenter Asst.Secretary FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: I 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 Mapii 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: $ 9,870.00 cash,plus additional security,in the amount of $ 977.430.00 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$ 493.650.00 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 ibond. Acceptable irrevocable letteri,of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. i 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or. workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete i i in accordance with Article 96-4.6,"Accept;--Ce",of the Ordinance Code. Subdivider agrees orrect,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. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO 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,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the'County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider sliall'hol'd harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The 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 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 proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has'insurance or other indemnification covering any of these matters,orthatthe alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. i 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider 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 Subdivider 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. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain thework. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. i 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap G:\GrpData\EngSvc\Fonns1AG WORDING-30A.doc Rev.May 18,2001 i COUNTY,OF.CONTRA COSTA'. DE I _.. rf F C .SIT PERMIT , :. F _ .ICE O.:COUNTY AUDITOR CONTROLLER- ' MARTINEZ,.CALIFORNIA .r TO.TFIETJURER ! �. RECEI'!EDTROM. f. ORGANIZATION NUMBER. '``�G�� <,(For„Cash Collection Procedures see County Administrator's Bulletin 105.) i.;. . . DESCRIPTION FUSUB. ND%ORG. TASK OPTION ACTIVITY... - AMOUNT j AC6T', r, JIG-Y'. I rJ SIJ/ LGA ii•: oal5lo )6/1' l = le 11A I -b I 36% �'ltf��r,/�,r1�'`�f:���I'� A'�i�1.. J lit lt^ ,L.j �, ��Jam'./ ��(•'I:a 1� ������.��: . . `!'l/.�{ , '�• rld,�..�.+" !! ll r!•'l 11' R ,All •/ll,�. i..(3li'-IC' { 4. i LL I EXPLANATION:/ TOTAL $ IC's (7��';�5�`�.``� ��l :/'Ii//`; �J;iJf DEPOSIT, til f ' Deposit.consists.:of the following items _COIN and CURRENCY I CHECKS,M.O.ETC. BANK DEPOSITS FOR AUDITOR-.CONTROLLER USE ONLY .. -141Wj.... .. DEPOSIT, PERMIT . DP SSIGNED / The amount:of money described above is foe Treasure's; ceipt of above amount is approved. Receipt of a unt is hereby deposit:into the County Treasury.. cknowledged' .• All- VL? j .',,- ;r Signed; Signed: Title l'. ` '_�;!i`�1/ EXT.��-,,.! ��-y� puty Count difor Deputy.County Treasurer )-34REV..(7-93) I r� J i 819800-0800: G1158997, $9,870.00, RA1151, Performance Cash Bon :Windemere BLC Land Company LLc, 3150 Crow Canyon PI #310, San Ramon CA .94583 0649-9665 / 831000: Gli58982, $25,200.00, Sub8773, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC; 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / .831000: G1158984, $7,600.00•, Sub8774, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158987, $14,130.00, Sub8775, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158989, $14,280.00, Sub8776, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158991, $22,010.00, Sub8777, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158993, $12,410.00, Sub8778, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158994, $14,700.00, Sub8690, Landscape Improvement Inspection Deposit, _Crn w uiymn P,...-.L#-3 �D„m e CA-945H -S AA p rLl�. —4-tix �• 6 f (�'• 0649-9665 / 831000: G1158995, $30,900.00, RA-1148, Landscape Inspection, an Company 3�0; ..�A.g-c�i.�, CA 9458� �h�Pc..�._ •;fid o f N. 1cz N . m �P�T�sa�. d i I 819800-0800: G1158981, $31,090.00, Sub 8773, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158983, $11,000.00, Sub 8774, Performance Cash Bond, Windemere BLC'Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158986, $1 700.00, Sub 8775, .Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158988, $1 1720.00, Sub 8776, Performance Cash Bond, Windemere BLC Land Company', LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158990, $2,1690.00, Sub 8777, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158992, $1,490.00, Sub 8778, Performance Cash Bond, Windemere BLC Land Company) LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158994, $2,500.00, Sub 8690, Performance Cash Bond, I L V11 50 5 819800-0800: 11 8995; $6,100.00, RA1148, Performance Cash Bond, Wim4eiiepe Crow Canyon rl 47-510,i S1�a ttl nd of N O�ern CO:� W&m.n 100PAl. om11IfAS61v rn., Fpit-S 4 ISO 3s 819800-0800: G1158996, $3,5,00.00, SUB868Y,$erformance Cash Bond, -6A 91 �, ShaPel► end. Nv,�h,w� C"-fDrn,to- ��a A) . vnt1p�� s 3wd . Subdivision: RA 1151 (cross-ref SUB 8509) Bond No.: 4410197 Premium: $4,887.00 - Executed in Duplicate IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way,landscaping,and other related improvements in Subdivision RA.1151 (cross-ref SUB 8509) as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulipgs thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Windemere BLC Laid CompanL L.L.C. ,asprincipal,and National Farmers Union Standard Insurance Company,acotporadonorganized misting under the laws of the State of Colorado I and authorized to transact surety business in California, as Surety, hereby jointly I and severally bind ourselves, our heirs, executors, administrators,, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarautee:Nine Hundred Seventy Seven Thousand Four­Hundred Thirty and 00/100 Dollars (S 977,430.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Four Hundred Ninety Three Thousand Six Hundred Fifty and 00/100 Dollars ($ 493,650.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 1 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 and perforin 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 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 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 char 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 acid referred to in the aforesaid Civil Code for materials furnished or labor thereon of any l=and,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 boad; 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 stipulatied and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this band be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to byte Principal and the County shall relieve any Surety from liability on this bond;and consem 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 December 3, 2004 WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS .Windemere, LLC, a Delaware dorporation, its Managing Member PPJPfB Lennar Homes of California, !Ine. , IPAL:. its Manazing Member I SURETY; NATIONAL 'FARMERS UNION STANDARD INSURANCE COMPANY Address: 25 Enterprise I Address: One Financial. Plaza, 10th floor City: Aliso Viejo p: 92656 City: Hartf or& CT Zip: 46103 by: / �� I By: Print Name: David L. Evans Print Name: Patricia H. Brebner i Title: Vice President I Title: Attorney-in-Fact �I 'IIIW ' \tPWS1lSHAitDn7ACispDin�ttyS.clFott�BN WORABFt.l7.R.4oe I 'I • II � s CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT i i State of California i County of Orange i On December 6. 2004 before me, Dina Printy, personally appeared David Evans, personailly 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 and official seal. DINA PRINIY '""'"` • Commission# 1453610 Notary Public-California Orange County 1 ^� My Comm.Expires Nov 28,2007F 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 SIGNERS SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410197 i Number of Pages: Two (2) Date of Document: December 3i, 2004 1 Signers (other than those named above): Patricia H. Brebner i i i CALIFORNIA ALL-PURPOSE A(OOWLEDGMENT S No.5907 State of California County of Orange On December 3 2005 before me, Rhonda C. Abel,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner 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 i 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. rOFRHONOA C.ABEL (� COMM.#1312777 SIGNATURE OF NOTARY NOTARY PUBLIC-CALIFORNIA ORANGCOMM.EXP.EA G.COUNTY 2005 s, 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. i CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER I TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: i SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) i i SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 NATIONAL FAERS UNION STANDARD INSUACE COMPANY [in the process',of being renamed Quanta Indemnity Company] New York City,New York 10020 'POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: i Patricia H.Brebner of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50.000.000.00)each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. i Section 2. All bonds,undertakings, contracts, and other instruments,other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman, if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below, may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary' ,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or.undertaking to which it is attached. i IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard Insurance.Company[in the process of being renamed Quanta Indemnity Company] has been affixed thereto in New York City,New York this 26"'day of March, 2004. I .. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary �oN STANp. PO r 1k 1868AT�o I i. F IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, ito be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90% of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR 10001 (Ed. 4/04) . r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6o0rr_R f} ss. On U6CE f—a, { (before me, e'IAQEIUL.[1E�l.�AtA1���pTAIP.YP�gue Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared bo1J1._PERSoI.- �ftftcufeftNCpte-eelre2 • Name(s)of Signer(s) *Personally known to me i L proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are t7 KL. KEENAN subscribed to the within instrument and Commits on 8 1378827 acknowledged to me that hefshe/they executed ,i Notary Pubec -Callfornla i+ the same in s/her/their authorized Contra Costa Cou #is,'he nty - - capacity(ies), and that by r/their mAREN y Comm.Expires Oct 7,2006 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE mAhanad d off al seal. Signature Notary Public I 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: i Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: C Individual Tor or thumb here F-I Corporate Officer - Title(s): Partner - D Limited G General F: Attorney-in-Fact J Trustee L Guardian or Conservator J Other: Signer Is Representing: t,1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 i i i . 0649-9665 / 831000: G1158996, $19,400.00, Sub8685, Landscape Improvement Inspection, an 3 SVjUbN f'►1t 1 p, t�4 s 13j-v� 0649-9665 / 831000: G1158998, $79,480.00, RA1151, - Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158599, $947.17, FC Permit 633.-03, Cash Deposit, Kinder Morgan 5FPP,LP, 1100 Town & Country, Orange, CA 92868 i 0649-9665 / 831000: G11590,00, $196.83, FC Permit 632-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 i i i ,I i i; i 'i ,