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HomeMy WebLinkAboutMINUTES - 03062007 - C.21 s TO: BOARD OF SUPERVISORS ?�-- -��' Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR =- C o s t`a C l4 DATE: March 6, 2007 Sp'q-66- v County SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09023, 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. 2007/ /l—for Subdivision 05-09023, 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): Subdivision 05-09023 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: _LJWCOMMENDATION OF COUNTY ADMINtSTR.ATOR _RECOMMENDATION OF BOARD COMMITTEE LA#PROVE THER r SIGNATURE (S): ACTION OF B0j!7 ON AL, APPROVED AS RECOMMENDED OTHER Vo OF SUPERVISORS /� I hereby certify that this is a true and correct OXO UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LL:vz G:\EngSvc\BO\2007\03-06\BO-16 SD 05-9023.doc ��r� B Originator: Public Works(ES) ATTESTED: Contact: T.Ric(313-2363) ' cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T—January 6,2008(P 1) Supervisors and County Administrator Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland By , Deputy 801 N.Brand Blvd,Penthouse Glendale,CA 91203 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) �y Subdivision: SUB 05-09023 (x-ref SUB 8508) Effective Date: `V Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS Windemere,LLC, A Delaware limited liability company Maurice M. Shiu, Public Works Director Managing Member - By:Lennar Homes of California,Inc., Managing Member By: (signature) ✓ �.�� (print name-&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: ` By. (signature) (print name&title Erik S.Brown,Asst. Engineering Services Divisio (P ) 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"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: $ 2.300.00 cash,plus additional security,in the amount of $ 227.200.00 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$ 114,750.00 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 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT h State of California / f�,, rhh County of f�� ( Oy/y ss. r On jj!4� j L�Y/� before me, 9/601, <' Dale Name and Title of O/�fficer(e.g.,'Jane Doe.Not Public') personally appeared br« © � Fak-s• Dryy-) Name(s)of Signers) ,,personally known to me Z� ❑ 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 RMl1 GLEN OIFIOP acknowledged to me that4 efs /they executed C,ommillsbn* 1670361 the same in —Ffiisthrerttheir authorized Nolaiy Am-Ca111an1110 capacity(ies), and that by -his/ r,'their Carbo colla County signature(s) on the instrument the person(s), or law Comm bobw Mw 26,201 the entity upon behalf of which the person(s) acted, executed the instrument. WIT S y hand and official seal. U�c Li�� Signature of Notary P is 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: I61 19O Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee l ❑ Guardian or Conservator ❑ Other: Signer Is Representing: n 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 W �' COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR—CONTROLLER tF_TREASURER: MARTINEZ, CALIFORNIA , _cEIVED FROM Public Works ORGANIZATION NUMBER 650 rganiza ion (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 $ 3.52 Sale of Prints 004530 9931 REV 6GO085 42.80 Corner Records 000651 9660 6L088D 80.00 Postage Reimb 004500 2103 SAS 999sas 25.01 PA 02-00007 Agmt Ext 000651 9660 REV 6LO76B 250.00 Sub 02-08631 Agmt Ext 250.00 Sub 95-07984 Agmt Ext 250.00 Sub 02-08686 Agmt Ext 250.00 Sub 02-08682 Agmt Ext 250.00 'arker Ave Underground 000662 9752 6R1056 1,000.00 )A02-00012 Ext Agmt 000651 9660 6LO766 250.00 ZA04-01166 Ext Agmt 250.00 rust Fund 000649 9665 83,958.00 819800 0800 9,200.00 000682 9752 3,600.00 cctng: G1202777-G1202778 TOTAL $ DEPOSIT 99,659.33 ecords: G1201860-G1201865 Deposit consists of the following items COIN and CURRENCY $ 71.33 ng Svcs: G1201622-G1201650 & G1203001-G1203003 CHECKS, M.O., ETC. $ 99,588.00 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 6 uL amount of money described above is for ASSIGNED rreasurerreceipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury 's ned: Date-/-/ �. Signed: Signed: -•_-�; _,%- EXT. 4 Deput Count Auditor DeputyCount Treasurer Rev. (7-9 ��� J , J c, 1 01 NOR r 819800-0800; G1203001, $2,300.00, Sub 05-09023, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1203002, $1,700.00, Sub 05-09022, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: SUB 05-09023 (x-ref SUB 8508) Bond No.: 08821791 Premium:$2,272.00/2yrs. IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvements in Subdivision 05-09023 (x-ref SUB 8508)as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Windemere BLC Land Company LLC as Principal, and _Fidelity and Deposit Company of Maryland , a corporation organized existing under the laws of the State of Maryland ,and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Two Hundred Twenty Seven Thousand Two Hundred and 00/100 Dollars ($ 227,200.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Hundred Fourteen Thousand Seven Hundred Fifty and 00/100 Dollars ($ 114,750.00 )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. 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 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 perfonned 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. Bond No. 08821791 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 By: .G�/ Brian G. Olin,Vice-President By: S-/(") Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �� County of 61M"M" (�Y(G� ss. On �l !/�], Xk, before me,^�i�'r �f ate Name and Title of Officer(e.g.,-Jane Doe,No y Public") personally appeared 8rI� 6 "L q Ir/C-I- bow,,- Name(s)of Signer(s) 14personally known to me ❑ 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#s, /they executed the same in 4is,'He0their authorized capacity(ies), and that by ktisfher/their signature(s) on the instrument the person(s), or RUTH ELLEN 8040PP the entity upon behalf of which the person(s) C4mmiWon# 1670361 acted, executed the instrument. 1 Nofary PubMc-CaWw*o Cama Costo County WITN S a d d official Seal. My Canm.Eaq*es May z6,201 Signature of Notary Public 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. 5 Description of Attached Document Title or Type of Document:&v jay-7v Document Date: Number of Pages: (' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ( ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited i_'General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 5 ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of California County of Orange On July 20, 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC' personally appeared Jeri Apodaca 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 J. BARRAGAN behalf of which the person(s) acted, executed the instrument. Commission# 1635125 Z Notary Public -California D Orange County My Comm.Expires Jan 5,tot o WITNESSm hand and official seal. R. SIGNATURE OF NOTARY ( r 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) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 20th day of July 2006 Assistant Secretary Plan Check Project Name: Windemere - Subdivision 9023 Estimate Location: San Ramon, California Name of Client: Windemere B.L.C. Land Company, LLC Date of Estimate: May 23, 2006 Item Quantity Unit Item Description Unit Price Extensions A. SUBDIVISION 9023 - VILLAGE 31 CSA MAINTAINED LANDSCAPE 1 32,209 SF Irrigation system(coverage) 2.75 88,574.75 2 1 EA Irrigation system(controller/remote controls) 9,500.00 9,500.00 3 1 EA Electric meter pedestal & connection to controller 6,000.00 6,000.00 4 1 EA Telephone service to controller 500.00 500.00 5 32,209 SF Landscape grading& soil preparation 0.30 9,662.70 6 159 EA Root barriers (for trees in curb strips-401,17 @ $7/LF) 280.00 44,520.00 7 44 EA Root barriers (for trees in front yards-20LF @ $7/LF) 140.00 6,160.00 8 181 EA Augered treewells for trees in turf areas 10.00 1,810.00 9 210 EA 15 gallon trees 90.00 18,900.00 10 23,451 SF Sodded turf 0.60 14,070.60 11 8,758 SF Bark mulch 0.25 2,189.50 12 32,209 SF 365 day maintenance (post-acceptance) 0.18 5,797.62 13 1 44 EA Extended maintenance (for street trees in front yards) 22.001 968.00 Subtotal: $208,653.17 10% contingency: $20,865.32 Total (rounded to the nearest hundred): $229,500.00 Notes: 1.Street trees within the front yards will be irrigated off each homeowner's individual irrigation system. Any necessary estimates for the balance of the front yard landscaping, including the irrigation system, shall be submitted with the front yard landscape plans. 2. Quantity of augered treewells includes all trees in curb strips and half of those in the front yards. 3. Concrete mowbands have been included in the RAI 200 estimate. PLAN CHECK FEES: $5,000 +(Total Estimate -$50,000 x 2%) $8,590.00 5U5DIVISI0N AGRF-FMF-NT RIGHT Or WAY LAND5CAPIN6) RECEIVED IKST EXTENSION MAY 1 3 2009 CLERK BOARD OF SUP[RviSORS (� CONTRA COSTA CO. \(_ ( nnn US, ^n J �J I DEVELOPMENT `) (�1•�(� 1 NaA 09 DATE 1. Jocelyn LaRocque, Associate Civil Engineer, Engineering Services Division Signature: 2. Julia R. R/eren, Director of Public Works Signatu A i lx� 3. Forward to the Engineering Services Division Clerical for distribution. A ':� G:\EngSvc\Fonns\Eng Tech Desk\lst Ext-SD(ROWL).doc cc: Clerk of the Board w/original Construction File _ T: o (3 months before extension termination) Developer Insurance Company CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: Subdivision 05-09023 Developer: Windemere BLC Land Company, LLC Original Agreement Date: March 6, 2007 First Extension New Termination Date: March 6, 2010 Improvement Security Surety Fidelity and Deposit Co. of Maryland Bond No. (Date): 08821791 (July 20, 2006) Security Type Security Amount Cash: $ 2,300.00 (1% cash, $1,000 Min.) Bond: $ 227,200.00 (Performance) $ 114,750.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: AA:3y'cn Id, 91009 Dated: February 25, 2009 FOR CONTRA COSTA COUNTY Julia R. ueren, Public Work D' r Developer's Signature(s) By. See Attached Signature Block U— Printed RECOMMENDED FOR APPROVAL: Developers Signature(s) By: I PL �fL (Er#neerind Se ices Division) Printed (NOTE,Developer's,Surety's and Financial Address Institution's Signatures must be Notarized.) Fidelity and Deposit Company of Maryland FORM APPROVED: Victor J. Westman, County Counsel Surety of Financial Institution 801 N. Brand Blvd., Penthouse Suite Glendale CA 91203 After Approval Return to Clerk of the Board Addre Atto in Fa Si nature Lisa K. Crail, Attorney-In-Fact 6:\Eng5vc\land DeASD\SDOS-09023\Agree ent Extenslon.docx Printed Bond No. 08821791 Windemere, Phase 3, Sub. 05-09023 aka Village 31 Subdivision Agreement (Right-of-Way Landscaping) Extension 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 1 By: �t Dale Billy, Vice-Presid(#t By: 2)cA.�4., .Z� David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA 1 )1 County of CONTRA COSTA ss. On February 27, 2009 before me, Catherine M. Taylor, Notary Public, personally appeared Dale Billy and Dave Geist, who 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/he their authorized capacity(ies), and that by hisihetheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CATHERINE M. TAYLOR Commission # 1715843 Noa tary Public -California WITNESS my hand and official seal. Contra Costa County Comm.=gl2,2011 (Signature of Nota Public) Place Notary Seal Above 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: Contra Costa County Subdivision Agreement(Right-of-Way Landscaping) Extension, Windemere, Phase 3, Sub. 05-09023 aka Village 31, Bond #08821791 Document Date: February 25, 2009 Number of Pages: 4 Signer(s) Other Than Named Above: Lisa K. Crail, Attorney-In-Fact(Surety) Capacity(ies) Claimed by Signer Signer's Name: See Below ❑ Individual • ® Corporate Officer—Title(s): Dale Billy, Vice-President To of thumb here David Geist, Authorized Agent ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation CERTIFIED RESOLUTION LENNAR HOMES OF CALIFORNIA, INC. I, Mark Sustana, the duly elected, qualified and acting Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, do hereby certify that the following resolutions were duly adopted by Written Consent to Corporate Action by the Board of Directors of the Corporation dated February 12, 2004, and that such resolutions have not been amended or rescinded and are in full force and effect on the date hereof: RESOLVED, that Dale Billy be, and he hereby is, elected Vice President of the Corporation, to serve in such capacity until the next annual meeting of Directors or until his successors are elected and qualified; and RESOLVED, that all actions, transactions and deeds by Dale Billy in his capacity as Vice President, in the name of or on behalf of the Corporation be, and they hereby are, ratified, confirmed and approved in all respects. IN WITNESS WREOF, the undersigned has executed this Certificate as Secretary of the Corporation on this day of March,2009. �� r2g�— Mark Sustana, Secretary STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sworn to and subscribed before me this 66day of March 2009, by Mark Sustana, as Secretary of Lennar Homes of California, Inc., a California corporation, on behalf of the Corporation. He is personally known to me and did not take an oath. g\ �IH11E11A1lD kN •I•/./y/4 �ii,,� ;•ESION7' J . rjgOber 16 Notary Public, S rida d�• • m #DD 608735 Q 1/ll!11111 LENNAR HOMES OF CALIFORNIA, INC. CERTIFIED RESOLUTION The undersigned, Mark Sustana, as the duly elected and acting Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the "Corporation"), do hereby certify that the following Resolutions were duly adopted by Consent of the Board of Directors of the Corporation dated January W, 2008, and that such Resolutions have not been amended or rescinded and are in full force and effect on the date hereof: RESOLVED, that without limitation upon the power of the Board of Directors by resolution to confer the same or similar authority upon other officers and individuals from time to time, and without limiting any authority otherwise conferred on directors and vice presidents, DAVID GEIST shall have the power and authority in the name and on behalf of this Corporation to execute and deliver subdivision development agreements, purchase agreements, subcontractor agreements, bond agreements, utility agreements, permitting applications and any other necessary documents in connection with the land development operations of the Corporation; and RESOLVED, that for the purpose of executing and delivering any and all instruments under the authority granted herein, DAVID GEIST shall be and is hereby constituted an Authorized Agent — Land Development Operations of the Corporation and, any action taken or done pursuant to the authority herein granted shall be an act of the Corporation and binding upon it. WITNESS my hand and the seal of said Corporation thiso day of January,2008. Mark Sustana, Secretary STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sworn to and subscribed before me this o�3 day of January, 2008, by Mark Sustana, Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, on behalf of the Corporat plif ij6hpe rsonally known to me and did not take an oath. HEA D y� �•P�MIS31pN••;9 /��ii o0Ober 16 Eio� Notary Public, ate of Florida • ►�� • #DD 608735 %� All_ �i�9`•;�BO�ded ifiN �e�;�OQ�\��� � AG.�b�i� nde .•� ///,��ll ' :.:x nxuw::.:r:,c..w:x;;;;;:i;:;;.:u:.u:,::;;.; u.•uww;z::;::.x;;..:«:.:-:.,.::::...:::;:.::;.:o::; .:or;.a axu;,:,•.:•:c;ex awx;..-.xsw.:::;;raxx;.x;.:uo:.xu:.::cxx.:.:xu:::.:ay.::.;.-.:.aw:xsr:;. xa:u..............r:.. ... 'r....................................................................................................................................................................:.....:........:...........::.....::...::.::........:...,,;.;,,,,.,.,a...u.:.....x✓r.,rw;;.:;rr a wxr..xmw-u.:u{•;: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT N E sE •. State of California r: County of Orange r On 2/25/09 before me, K. Luu, Notary Public (Here insert name and title of the officer) '• ii personally appeared Lisa K. Crail who roved to me on the basis of satisfactory evidence to be the person(j) whose name is/m subscribed to p rY P ( ( ) the within instrument and acknowledged to me that lxarlshe/tday executed the same in bis/her/lbeix authorized capacityowx), and that by b�s/her/ter signature(s) on the instrument the person(k), or the entity upon behalf of I which the person(s)acted, executed the instrument. €i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. LUU WITNESS my hand and official seal. t' Commission # 1778641 '- _ :-es Notary Public - California = s ,} _ Orange County (Notary Seal) MY Comm.Expires Nov 6,2011 � r.: Signature of Notary Public I ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Ir r: Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative , acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal or a nota in I' 8 9u Y S 8 j notary California(i.e. certing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which #i must also be the same date the acknowledgment is completed. i Additional information The notary public must print his or her name as it appears within his or her ( ) Y P P PP yi commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. s <t: El Individual(s) he/she/they-,-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of El Partner(s) the county clerk. ® Attorney-in-Fact Additional information is not required but could help to ensure this 4' ❑ Trustee(s) acknowledgment is not misused or attached to a different document. y i Indicate title or a of attached document,number of pages and date. ` ❑ Other h'? P g Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document :x:;: .x::.,;..•....... ..................... 'a.,...,,,a.,..,.a..a.,ay.Y.+n.,a„wY.4x•.,,4„4..44.a,,,v.,w�......:�F. .:�.;:::::::... -:::. .':.'..�. .... ..............xfxl..-..-.._._..._.....................___....................... .... Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J. MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e dds by nominate,constitute and appoint Lisa K.CRAIL,of Irvine,California, its true and lawful tt -in- make,execute, seal and deliver, for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan s on said Company,as fully and amply,to all intents and purposes,as if th xe $ A ged by the regularly elected officers of the Company at its office in Ba ' ie� eir p �UU,�'r��JJ The said Assistant r p ere Wt tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- now in force. 0 IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of August, A.D. 2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND f0 P �wni By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland ss.. City of Baltimore On this 5th day of August, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-5025V