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HomeMy WebLinkAbout2018-10-15; Parks & Recreation Commission; ; 1018-1 Park Planning Update on the Buena Vista Reservoir site Meeting Date: October 15, 2018 To: Parks & Recreation Commission From: Chris Hazeltine, Parks & Recreation Director Staff Contact: Kyle Lancaster, Parks Services Manager Subject: Park planning update on the Buena Vista Reservoir site Recommended Action Receive a park planning update on the Buena Vista Reservoir site, and request that staff seek City Council direction to continue supporting Lennar Homes’ pursuit of this park project, consistent with the terms of the Settlement and Community Benefit Agreement. Executive Summary On March 14, 2017, a Settlement and Community Benefit Agreement (Community Benefit Agreement) was entered into by and between the City of Carlsbad, North County Advocates, Lennar Homes, Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. The Community Benefit Agreement obligates Lennar Homes to construct a 3.1 acre neighborhood park, with passive use amenities, on the Buena Vista Reservoir site – adjacent to the intersection of Buena Vista Way and Arland Road. The Community Benefit Agreement requires Lennar Homes to enter into a construction agreement (Construction Agreement) with the City of Carlsbad to provide the park improvements at a maximum cost of $3,028,700, inclusive of all costs associated with the design, public outreach, permitting, plan processing, and construction of the site. The Community Benefit Agreement further specifies that Lennar Homes is to complete construction of the park improvements such that the new park is operational no later than 30 months from the date of recordation of a final subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. The issuance of a grading permit for the Poinsettia 61 Project occurred on July 25, 2018. Using the input received through an extensive public involvement process on the Buena Vista Reservoir site, a final conceptual design of the park was prepared and presented to the public on September 20, 2018. That design has received overwhelmingly favorable comments. Lennar Homes’ intent is to next pursue issuance of a Conditional Use Permit for this park. Should the Conditional Use Permit be issued, Lennar Homes will then initiate the preparation of plans and specifications for construction of the park. Unlike the city’s typical development of a park, the Buena Vista Reservoir site is to be constructed by Lennar Homes’ employees and agents. Although Lennar Homes will be required to adhere to the city’s standard bidding and contracting practices, the City Council will not be required to approve the plans and specifications of this project, nor to authorize this project for the advertisement of public bids. The construction of the park improvements is to be completed by January 25, 2021. 5 Discussion Background On March 14, 2017, a Community Benefit Agreement was entered into by and between the City of Carlsbad, North County Advocates, Lennar Homes, Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. The purpose of the Community Benefit Agreement was to: 1) settle the lawsuit challenging the city’s certification of the General Plan Environmental Impact Report and approval of the General Plan Update and Climate Action Plan, 2) develop the 3.1 acre Buena Vista Reservoir site as a new public park, and 3) achieve support for Lennar Homes’ proposal to develop a 123 unit, single family, detached unit condominium project (Poinsettia 61) on land located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane. The Community Benefit Agreement obligates Lennar Homes to construct a 3.1 acre neighborhood park, with passive use amenities, on the Buena Vista Reservoir site. The Community Benefit Agreement requires Lennar Homes to enter into a Construction Agreement with the city to provide the park improvements at a maximum cost of $3,028,700, inclusive of all costs associated with the design, public outreach, permitting, plan processing, and construction. The Community Benefit Agreement further specifies that Lennar Homes is to complete construction of the park improvements such that the new park is operational no later than 30 months from the date of recordation of a final subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. The issuance of a grading permit for the Poinsettia 61 Project occurred on July 25, 2018. Excerpts of the pertinent sections of the Community Benefit Agreement are provided below: 4.9. …Lennar shall enter into an agreement with the City to construct certain park improvements on the Buena Vista Reservoir site (“Park Construction Agreement”), in accordance with the design, standards and specifications approved by the City, …at a maximum cost of $3,028,700, which is inclusive of all costs…of the park facilities, along with a construction management fee, for the benefit of Lennar, in an amount not to exceed 8% of actual total projects costs, as to be more specifically set forth in the Park Construction Agreement. Upon completion of such improvements, the City shall accept the park and its ongoing maintenance…. 4.10 The Park Construction Agreement shall provide for construction of a new Neighborhood Park at the Buena Vista Reservoir, which will include passive use amenities such as, but not limited to, children’s playground structures, picnic tables, shaded structures, interpretive signage, dry creek stream beds, mounded turf, drought tolerant landscaping and low level security lighting , and will not include active use elements, such as but not limited to, athletic fields, athletic field lighting, restroom buildings, parking lots, skate parks, dog parks, tennis courts or other sports courts…. 4.11 The Park Construction Agreement shall include a detailed budget and schedule that addresses the public outreach and notification process, concept design, permitting, plan processing, construction, and delivery and acceptance of a completed park by the City. 6 5.3. Lennar shall plan, obtain all necessary approvals and construct the park improvements on the Buena Vista Reservoir site in accordance with the design, standards and specifications approved by the City. Lennar shall complete construction of the park improvements such that the new park is operational no later than 30 months from the date of recordation of a final subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. It is the expectation that a park that includes the passive use amenities as enumerated in Section 4.10 is achievable within the maximum cost to Lennar of $3,028,700, consistent with the terms of Section 4.9…. On July 31, 2018, the above referenced Construction Agreement (Exhibit 1) was entered into by and between Lennar Homes and the City of Carlsbad. Public Involvement As part of the coordination related to the Community Benefit Agreement, some stakeholders were involved in early discussions about the proposed park and its prospective amenities. At that time, the city had not yet received input from all those members of the public potentially interested in, and affected by, this project. Staff therefore created a public involvement plan, with a timeline (Exhibit 2), intended to seek input from all stakeholders on the park’s design. The project ideation phase occurred from April through July 2018. The city invited input from the public on the vision for the new park, specifically related to values, priorities and concerns. That input was sought via the following methods: • Project fact sheet • Letters and fact sheet distributed to 106 residents and home owners in project area • Postcard mailer to 1,120 residents and home owners in project area • Postcards placed in libraries and other city buildings • Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence • Posts to city social media and website • Posts to Buena Vista Elementary social media and website • Text alerts to Buena Vista stakeholder list • Email notifications • Community workshop and survey invite in Buena Vista Elementary weekly newsletter • Article in citywide newsletter distributed to nearly 8,000 • Media coverage • Community workshop: June 7, 2018 (48 attendees); presented three conceptual designs • Animated video of three conceptual designs • Online survey (115 participants) Using the public input received through the above methods, the project team prepared a final conceptual design of the park from August through October 2018. The final conceptual design was presented at a community meeting on September 20, 2018, for further input. That input was sought via the following methods: • Postcard mailer to 1,119 residents and home owners in project area • Postcards in libraries and other city buildings • Posts to city social media and website 7 • Posts to Buena Vista Elementary social media and web site • Article in Buena Vista Elementary weekly newsletter • Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence • Text alerts to Buena Vista stakeholder list • Email notifications • Article in citywide newsletter distributed to nearly 8,000 • Media coverage • Community meeting: Sept. 20, 2018 (48 attendees); recorded over 40 comments • Carlsbad Parks & Recreation Commission meeting: Oct. 15, 2018 The comments received from the public on the final conceptual design (Exhibit 3) were overwhelmingly favorable. Many comments were received in support of the overall layout and the amenities of the park. There were a few comments received suggesting that a restroom or additional onsite parking be reconsidered. Both the Community Benefit Agreement and the Construction Agreement, however, specifically indicate neither a restroom nor a parking lot will be a part of this park project. There were also comments received requesting that adjacent view planes be taken into account when planting trees within the park, and that the park’s bioswale be slightly extended to the east for additional environmental interpretive opportunities. Those requests are supported by the project team, and can be accommodated in this park project. Final Conceptual Design Narrative The design firm that prepared the final conceptual design for the park also prepared the corresponding narrative that follows. Drawing inspiration from the rippling and sinuous movements of water once found in the reservoir; the parks composition and circulation reflect a flowing and organic configuration. Visitors are greeted by an interpretive garden at the park’s two entries. The northeast entry includes the existing water tank and associated infrastructure. The tank will be repurposed as an entry feature to honor the operational history of the site. A loop trail frames the perimeter of the park and the proposed outdoor spaces. Centered through the park is a large rolling turf area. A children’s play area and adjacent picnic pavilion is located in the northeast corner of the park and offers a variety of play opportunities for children. The adjacent picnic pavilion provides a gathering space for small groups. The southern portion of the park is anchored by Buena Vista Point; a large mound and picnic area perched to capture the dramatic views to the Pacific Ocean. A dry creek bed and water quality basin frame the western edge of the park, responding to the natural topography and low point on the site. Flowing and flowering landscape areas line the loop trail throughout the park. A secondary trail through an interpretive garden in the northwest corner provides an immersive experience for park users and plant lovers. Seating opportunities are provided along the secondary trail to sit and enjoy the garden space. Landscape areas and mounding frame the perimeter of the park to buffer the surrounding neighbors from park activities. Parallel parking is proposed on Buena Vista Way accommodating approximately 11 parking spaces. 8 Exhibits 1. Agreement for construction of a public park at the Buena Vista Reservoir site 2. Public involvement timeline for a public park at the Buena Vista Reservoir site 3. Final conceptual design of a public park at the Buena Vista Reservoir site 9 10AGREEMENT FOR CONSTRUCTION OF PUBLIC PARK AT BUENA VISTA RESERVOIR SITE Between CITY OF CARLSBAD, A municipal corporation AND LENNAR HOMES OF CALIFORNIA, INC., A California corporation 7/3/18 11AGREEMENT FOR CONSTRUCTION OF A PUBLIC PARK AT THE BUENA VISTA RESERVOIR SITE This Agreement for Construction of a Public Park at the Buena Vista Reservoir Site, dated as of July_, 2018 ("Agreement") is made at San Diego County, California, by and between the CITY OF CARLSBAD, a municipal corporation ("City"), and LENNAR HOMES OF CALIFORNIA, INC., a California corporation ("Lennar"), with reference to the following recitals: RECITALS A. City and Lennar are parties to the Settlement and Community Benefit Agreement entered into on March 14, 2017, by and among themselves and North County Advocates, Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir ("Community Benefit Agreement"). B. The purpose of the Community Benefit Agreement was to: (1) settle the lawsuit challenging City's certification of the General Plan Environmental Impact Report and approval of the General Plan Update and Climate Action Plan, entitled North County Advocates v. City of Carlsbad, San Diego Superior Court Case No. 37-2015-00035458-CU-WM-NC; (2) develop the 3.1-acre Buena Vista Reservoir site, Assessor Parcel Number 156-200-16-00, as a new public park; and (3) achieve support for Lennar's proposal to develop a 123-unit, single-family, detached unit condominium project on approximately 51 acres of land located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, in the southwest quadrant of the City ("Poinsettia 61 Project"). C. Section 4.8 of the Community Benefit Agreement states that if the City and California Coastal Commission approve the Poinsettia 61 Project, and Lennar exercises its options to effectuate and take actions necessary to obtain approval from the appropriate Resource Agencies to incorporate the 3.1 acres of otherwise developable park land in Veterans Park and up to 5.7 acres of Aviara Park into the City's Habitat Management Plan preserve (collectively, the "HMP Options"), then the City shall consent to Lennar's submittal of a Conditional Use Permit application for the development of the Buena Vista Reservoir site as a new public park. D. Section 4.9 of the Community Benefit Agreement states that upon Lennar's exercise of the HMP Options, Lennar shall enter into an agreement with the City to construct certain park improvements on the Buena Vista Reservoir site subject to certain requirements in Sections 4.9, 4.10, and 4.11 of the Community Benefit Agreement, which are set forth in this Agreement. E. On March 14, 2017, the Carlsbad City Council approved the Poinsettia 61 Project by adopting Ordinance No. CS-316 (approving an amendment to the zoning map), and Resolution No. 2017-043 (certifying an environmental impact report and errata, adopting candidate findings of fact and mitigation monitoring and reporting program, and approving a General Plan amendment, Local Coastal Program amendment, vesting tentative tract map, planned development permit, site development plan, coastal development permit, hillside development permit, and Habitat Management Plan permit). 1 7/3/18 12F. On August 9, 2017, the California Coastal Commission approved the Poinsettia 61 Project by approving a local coastal program amendment. G. On July 2, 2018, Lennar exercised the HMP Options by taking the actions necessary to obtain approval from the appropriate Resource Agencies to incorporate the Veterans Park and Aviara Park parcels referenced above into the City's Habitat Management Plan Preserve, by preparing a preserve management plan and property analysis record which were approved by the Resource Agencies on July 2, 2018, and funding a non-wasting endowment for the parcels' on-going maintenance. H. City and Lennar intend for this Agreement to satisfy the requirement to enter into the Park Construction Agreement referenced in Section 4.9 of the Community Benefit Agreement. NOW, THEREFORE, City and Lennar agree as follows: Recitals. The Recitals, above, are true and correct and incorporated herein by this reference. 1. Satisfaction of Obligation. Lennar's agreement to construct a public park at the Buena Vista Reservoir site ("Park Project"), as set forth herein, and the actual construction thereof, shall fully satisfy and constitute compliance with all requirements regarding the Community Benefit Agreement solely with respect to the Park Construction Agreement referenced in Section 4.9 of the Community Benefit Agreement. 2. Park Project Planning and Construction Schedule. The Park Project planning and construction schedule (the "Construction Schedule") is detailed on Exhibit A attached hereto and incorporated herein by reference. In accordance with the Community Benefit Agreement, Lennar shall complete construction of the Park Project such that the Park Project is operational no later than 30 months from the earlier date of either recordation of a final subdivision map for the Poinsettia 61 Project, or issuance of a grading permit for the Poinsettia 61 Project. (a) As of the date of this Agreement, Lennar has satisfied the following: (i) Lennar initiated the public participation process by mailing a notice of the initial public meeting using the procedures in Carlsbad Municipal Code section 21.54.060(A). The purpose of the initial public meeting was to receive input on the design and improvements to be included in the Park Project. Lennar provided a draft of the notice to City for review and approval prior to mailing the notice. (ii) Lennar entered into a contract with Schmidt Design Group, Inc. to provide design services for the Park Project to include developing and revising a draft concept plan, attending public meetings and assisting with presentations, preparing an environmental review document (if required), and developing construction plans. City approved said contract. (iii) Lennar and City caused the initial public meeting to take place on June 7, 2018. 2 7/3/18 13(b) Every two (2) months, and/or upon City's reasonable request, Lennar shall update and modify the Construction Schedule to reasonably ensure the Park Project's construction progress is consistent with the estimated completion date detailed in the Community Benefit Agreement. 3. Park Project Design. The Park Project shall include passive use amenities such as, but not limited to, children's playground structures, picnic tables, shade structures, interpretive signage, dry creek stream beds, mounded turf, drought tolerant landscaping, and low-level security lighting. Park improvements shall not include active use elements such as, but not limited to, athletic fields, athletic field lighting, restroom buildings, parking lots, skate parks, dog parks, tennis courts, or other sport courts. 4. Park Project Budget. (a) City and Lennar agree that the cost of the Park Project is not expected to exceed $3,028,700 ("Park Project Budget"). The Park Project Budget is inclusive of all anticipated costs associated with the design, public outreach, permitting, plan processing, and construction of the Park Project, along with a construction management fee, for the benefit of Lennar, in an amount not to exceed 8 percent of the actual total cost. The Park Project Budget's estimated costs are as follows: Design $400,000 Public Permitting and Construction Construction Total (Park Outreach Plan Processing Management Fee Project Budget)* $50,000 $50,000 $2,304,352 $224,348 $3,028,700* * Every two (2) months, and/or upon City's reasonable request, Lennar shall update the Park Project Budget to accurately reflect the actual costs associated therewith and revise forecasts. (b) Lennar shall cause construction of the Park Project, at Lennar's cost, in an amount not to exceed the Park Project Budget. (c) In the event that circumstances change, causing the City and Lennar to agree that the cost of the Park Project is anticipated to exceed the Park Project Budget, City shall have the option, in its sole discretion, to either: (1) amend the scope of the Park Project to bring the total costs within the Park Project Budget; or (2) identify alternative funding sources to reimburse Lennar for the agreed-to amount over the Park Project Budget needed to complete the Park Project. (d) Lennar shall retain detailed records for all costs incurred under the Park Project Budget, to include the following documentation: (i) Copies of the signed construction contract and all approved change orders. 3 7/3/18 14(ii) Evidence of costs for each contractor, subcontractor, or vendor by bid item with the unit price bid, estimated quantity, actual quantity, total bid amount, change order amount, amount invoiced, cumulative amount invoiced, and retained amount. (iii) Copies of invoices, vouchers, canceled checks (front and back), or other evidence of payment. (iv) Copies of all quantity vouchers or certificates approved by the City project inspector. 5. Compliance with City Construction Contract Requirements. (a) Lennar shall comply with City's bidding, contracting, and change order procedures as set forth herein: (i) If bidding on the Park Project will be open to any qualified bidder, Lennar shall advertise each notice inviting bids in at least one newspaper of general circulation in the City of Carlsbad. The first posting/publication of notice shall be at least ten (10) days before bid opening. Such notice shall be published for at least ten ( 10) consecutive days or for at least two (2) consecutive times in a weekly newspaper in the City of Carlsbad. Lennar shall, in addition, advertise in consecutive editions in either the "Daily Construction Service" or "The Green Sheet" for a period of not less than one ( 1) week. Proof of publication shall be sent to City. (ii) Where the notice inviting bids will only be sent to a list of pre-qualified bidders, a minimum of three (3) bidders shall be pre-qualified based on criteria reviewed and approved by City. (iii) The notice inviting bids must clearly state the time, date, and place for the submission of bids. These dates and times must be strictly adhered to unless changed by addendum. The notice inviting bids and any addenda shall be sent to City. (iv) The request for bids shall state that the successful bidder shall be required to furnish a performance and warranty bond equal to one hundred percent (100%) of the amount bid and a labor and materials bond equal to one hundred percent (100%) of the amount bid. In lieu of these bond requirements, Lennar may permit securities or cash to be substituted therefore. Providers of architectural, engineering, and land surveying services shall not be required to post bonds. (v) The request for bids shall require bidders to expressly acknowledge they have reviewed, understand and will comply with the insurance requirements set forth in the bid and contract documents. (vi) If significant changes to plans, specifications, or request for bids require the issuance of an addendum in the last five (5) working days of the bidding period, the bid opening date shall be extended to allow bidders a minimum of five (5) working days from receipt of the addendum to accommodate the change. 4 7/3/18 15(vii) The minimum period between issuance of the notice inviting bids and bid opening is four (4) weeks. (viii) Lennar shall conduct a "live" bid opening, whereby only those direct representatives of the bidders will attend. Sealed bids will be required to be submitted on or before the specified date and time and the bidder's name and total bid timely published on City's website. (ix) Lennar shall open all bids in the presence of all bidders. Lennar shall rank all bids from the lowest to the highest bid amount, based upon costs for the construction of the Park Project. Lennar shall prepare a summary analysis of all bids and provide its findings regarding the bid award to City within five (5) working days of the date such award is made. The summary analysis shall include: (a) an itemized summary of all bids received; (b) a certificate executed by an authorized representative of Lennar stating that all bidders received the same set of bid documents and any addenda issued, there are no pending disputes over the bidding procedures, all applicable binding, insurance, and licensing requirements have been met, and the bid was made without connection with any collusion or fraud; and (c) a copy of the selected bid proposal for award. (x) Lennar shall retain the original of all bids received for a minimum of three (3) years after bid award. (xi) Lennar shall award the construction contract to the lowest responsive, responsible bidder with concurrence of City. (xii) Lennar shall not authorize the contractor to begin construction until the following documentation has been submitted to, and approved by, City: (a) copies of the signed bid documents for the construction of the Park Project; (b) copies of all insurance certificates for Lennar and the contractor; and (c) a written statement to certify and declare, under penalty of perjury, that the bid documents and bidding procedures were prepared and followed in accordance with the requirements of this Agreement. Upon written approval from City, Lennar may issue the notice to proceed to the contractor. (xiii) Lennar shall schedule and conduct a pre-construction meeting prior to the beginning of construction of the Park Project. Lennar shall invite the design firm, contractor, City project inspector, and any other interested parties. (xiv) If Lennar desires that any change order be made, Lennar shall, prior to directing contractor to perform such work, obtain the written acknowledgment of the City's project inspector as to the need to perform the work in order to satisfactorily complete the construction of the Park Project. The City project inspector's acknowledgment shall be documented in writing. If Lennar undertakes such work prior to obtaining the City project inspector's written acknowledgment, Lennar assumes the risk that such change order may not be included in the total Park Project Budget. 5 7/3/18 16(xv) Contracts for the construction of the Park Project shall provide for payments of prevailing wages by all contractors and subcontractors for all work performed. Lennar shall include the following provisions in the contract for construction of the Park Project: The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer of the City of Carlsbad. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. (xvi) Revisions to the construction plans shall be reviewed and approved by City in accordance with City's plan check procedures. (b) Lennar shall construct the Park Project in substantial compliance with the design plans, standards, and specifications to be approved by City. 6. City Acceptance of Park Project. (a) Upon completion of the Park Project, recordation of a City-issued notice of completion, Lennar's provision of any final mechanics lien releases from a contractor, subcontractor, or vendor, and a copy of the approved as-built plans, City shall accept the public improvements for the Park Project. 6 7/3/18 17(b) Following acceptance of public improvements, City shall be responsible for maintenance of the park. (c) Lennar shall warranty all work for one (1) year after recordation of the notice of completion and any faulty work or materials discovered during the warranty period shall be repaired or replaced by Lennar, at its expense. Twenty-five percent of the faithful performance bond (or securities or cash, as applicable) shall be retained as a warranty bond for the one-year warranty period. Lennar shall replace or repair any such defective work in a manner satisfactory to City, after notice to do so from City, and within the time specified in the notice. If Lennar fails to make such replacement or repairs within the time specified in the notice, City may perform this work and Lennar's sureties shall be liable for the cost thereof. 7. Disputes/Claims. If a dispute should arise regarding line performance or interpretation of this Agreement, the following procedures shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Lennar or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manager or principal of Lennar, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) days. If the recommended resolution is unsatisfactory to the aggrieved party, the aggrieved party may request an informal conference to informally resolve the disagreement. The informal conference shall be held within fourteen (14) days of the request. If an informal conference is not requested or if an informal conference fails to resolve the dispute, a letter outlining the dispute shall be forwarded to the City Council for resolution through the office of the City Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and directs a solution, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. 8. Indemnification. Other than the performance of design professionals services, Lennar shall defend, indemnify, and hold harmless City and its officers, agents, departments, officials, and employees (Indemnified Parties) from and against all claims, losses, costs, damages, injuries, expense, and liability of every kind that arise out of or relate to, directly or indirectly, in whole or in part, any services performed under this Agreement by Lennar or Lennar's agents, any subcontractor, anyone directly or indirectly employed by them, or anyone they control. In determining the amount of any losses for which the Indemnified Parties are entitled to hereunder, the amount of any such losses shall be determined after deducting therefrom the amount of any insurance proceeds received by the Indemnified Parties. Lennar's duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the active or sole negligence or willful misconduct of the Indemnified Parties. With respect to the performance of design professional services, to the fullest extent permitted by law (including, without limitation, California Civil Code section 2782.8), Lennar shall require its design professional to indemnify and hold harmless City, its officers and employees, from all claims, demands, or liability that arise out of or relate to 7 7/3/18 18the negligence, recklessness, or willful misconduct of Lennar's design professional or the design professional's officers or employees. 9. Insurance. Lennar will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Lennar or Lennar's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 9.1 Coverage and Limits. Lennar will maintain the types of coverage and minimum limits indicated below, unless the City Risk Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Lennar's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Lennar pursuant to this Agreement are adequate to protect Lennar. If Lennar believes that any required insurance coverage is inadequate, Lennar may obtain such additional insurance coverage, as Lennar deems adequate, at Lennar's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 9.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 9.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage. 9.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Lennar has no employees and provides, to City's satisfaction, a declaration stating this. 9.1.4 Professional Liability. Lennar shall require its design professional to maintain errors and omissions liability of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the Park Project. 9.2 Additional Provisions. Lennar will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 9.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 8 7/3/18 199.2.2 Lennar will obtain occurrence coverage which will be written as claims-made coverage. 9.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 9.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Lennar will furnish certificates of insurance and endorsements to City. 9.4 Failure to Maintain Coverage. If Lennar fails to maintain any of these insurance coverages, then City will have the option to declare Lennar in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Lennar is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Lennar or deduct the amount paid from any sums due Lennar under this Agreement. 9.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 10. Bonds Required. Within thirty (30) days after execution of this Agreement, pursuant to Carlsbad Municipal Code section 3.28.050(0)(1), Lennar shall provide surety bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent ( 100%) of the anticipated construction contract price of the Park Project. Lennar shall require the construction contractor to provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 11. Assignment of Contract. Lennar shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of City, which approval shall not be unreasonably withheld. 12. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, 9 7/3/18 20return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Lennar shall be addressed as follows: Lennar Homes of California, Inc. 25 Enterprise, Suite 400 Aliso Viejo, CA 92656 Telephone: (949) 349-8000 Attn: Jeremy Parness, Division President Notices to City shall be delivered to the following: City Manager 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Telephone: (760) 434-2821 Fax: (760) 720-9461 Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. 13. Transfer by Lennar. The obligations and benefits of this Agreement shall not be transferred upon sale of the Poinsettia 61 Project. 14. License to Access City Property. City hereby authorizes, permits and grants a license to Lennar, Lennar's agents, subcontractors, anyone directly or indirectly employed by them, or anyone they control, and its consultants to access the Buena Vista Reservoir site to perform the necessary work contemplated by this Agreement. 15. City's Consent. City hereby agrees and consents to permit Lennar to submit and process plans for the Park Project. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 17. Governing Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 18. Complete Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 19. Amendment. This Agreement may be amended by a written instrument executed by City and Lennar. 20. Term. This Agreement shall be effective on the date it is executed by City and Lennar, and shall terminate one year after recordation of the notice of completion for the Park Project. 10 7/3/18 2121. No Third-Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. 22. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. [SIGNATURES FOLLOW] 11 7/3/18 22IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. LENNAR HOMES OF CALIFORNIA, INC. a California corporation CITY OF CARLSBAD a municipal corporation ATTEST: By ~ ~ !lm~ (signffre) ~ARBARA ENGLESON _A_N_l,-_Pr_t>_Aye-/--'---.,__+-7_v-=---..:....l c.e:~ ... '----'re'-'-=G:::....:.:S--'-l Pi.....:G=.c.t-Jl //-Gity Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. 1f a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ Deputy City Attorney 12 7/3/18 23CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On July 5, 2018 before me, Debra J. Peloza, Notary Public, personally appeared Donna Mathiasen and Anita Davey who proved to me on the basis of satisfactory evidence 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 signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' WITNESS my hand and official seal. Sig nature ~ c;J-~ ·oisRA f PELOZA COMM. #2198310 z Notary Public • canrornia ~ Orange County .. Comm. Expires June St. 2021 [ (Seal) 24EXHIBIT A CONSTRUCTION SCHEDULE 7/3/18 25ID ITask Name 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Conceptual Design (45 wks / 7.5 mos.) Kick-Off Meeting Site Investigation Site Inventory & Analysis & Bubble Diagrams Public Outreach and City Coordination Community Workshop #1 (Present Site Analysis & Bubble Diagrams) Prepare Outreach Summary Lennar/City Meeting (Workshop Summary) Draft Conceptual Design Lennar/City Meeting (Present 1st Draft of Preferred Concept) Staff to Prepare Comments to 1st Draft of Preferred Concept Conceptual Design Refinement Lennar/City Meeting (Present 2nd Draft of Preferred Concept) Public Outreach and City Coordination Community Workshop #2 (Present Conceptual Design) Prepare Outreach Summary Finalize Conceptual Design and Public Involvement Summary (Based on City and Community Feedback) Present Final Design to Parks & Rec Commission Present Final Design to City Council Conditional Use Permit (12 wks / 3 mos.) Plan Processing and Approvals Design Development (8 wks / 2 mos.) Design Development Package (30% Completion) (4 City Meetings) City Review of Design Development Package Construction Documents (22 wks / 5.5 mos.) 80% Construction Documents (2 City Meetings) City Review of 80% Construction Documents 100% Construction Documents (2 City Meetings) City Review of 100% Construction Documents Permit Processing (12 wks / 3 mos.) Permit Processing Council Approval City Council Approval Bid Process (8 wks / 2 mos.) Advertise for Bids Review bids and recommend contractor City Council Award Award to Contractor Construction (40 wks / 7 mos. + 3 mos. PEP) Finalize contract/contractor to obtain bonds Construction (9 mos.) Construction Completion Maintenance Period Ourlltion 225 days 1 day 65 days 50 days 30 days 1 day 3 days 1 day 25 days 1 day 3 days, 10 days 1 day 16 days 1 day 4 days 6 days 1 day 1 day 60 days 60 days 40 days 30 days 10 days 110 days 40 days 15 days 40 days 15 days 60 days 60 days 1 day 1 day 40 days 30 days 10 days 1 day 1 day 321 days 20 days 180 days 1 day 120 days Buena Vista Reservoir Park May 16, 2018 Start Finish Wed 11/15/17 Tue 9/25/18 Wed 11/15/17 Wed 11/15/ ... Thu 11/16/17 Wed 2/14/18 Thu 2/15/18 Wed 4/25/18 Thu 4/26/18 Wed 6/6/18 Thu 6/7/18 Thu 6/7/18 Fri 6/8/18 Tue 6/12/18 Wed 6/13/18 Wed 6/13/18 Thu 6/14/18 Wed 7/18/18 Thu 7/19/18 Thu 7/19/18 Fri 7/20/18 Tue 7/24/18 Wed 7125/18 Tue 8/7/18 Wed 8/8/18 Wed 8/8/18 Thu 819/18 Thu 8/30/18 Fri 8/31/18 Fri 8/31/18 Mon 9/3/18 Thu 9/6/18 Fri 9/7/18 Fri 9/14/18 Mon 9/17/18 Mon 9/17/18 Tue 9/25/18 Tue 9/25/18 Wed 9/26/18 Tue 12/18/18 Wed 9/26/18 Tue 12/18/18 Wed 12/19118 Tue 2/12/19 Wed 12/19/18 Tue 1/29/19 Wed 1/30/19 Tue 2/12/19 Wed 2/13/19 Tue 7/16/19 Wed 2/13/19 Tue 419/19 Wed 4/10/19 Tue 4130/19 Wed 5/1/19 Tue 6125/19 Wed 6/26119 Tue 7116119 Wed 7/17119 Tue 10/8/19 Wed 7/17119 Tue 10/8/19 Wed 10/9/19 Wed 10/9/19 Wed 10/9/19 Wed 10/9/19 Thu 10/10/19 Wed 12/4/19 Thu 10/10/19 Wed 11/20/ ... Thu 11/21/19 Wed 12/4/19 Fri 8/30/19 Fri 8/30/19 Thu 12/5/19 Thu 12/5/19 Fri 1216/19 Fri 2/26121 Fri 12/6/19 Thu 1/2/20 Fri 1/3/20 Thu 9/10/20 Fri 9/11/20 Fri 9111/20 Mon 9/14/20 Fri 2/26/21 Page 1of3 Nov ' Dec tr 1,2018 Ja Feb t tr2,2018 Ma, Ma t trJ,2018 Ju Au Se Ftr4,2018 Oct I Nov Dec \ ' 26Buena Vista Reservoir Park May 16, 2018 ID !Task Name I Duration I Smrt I Finish :Otr j•a~D19 I Feb I Mar ftr ~~0191 Mav I F" 3j~019 I A<io I Seo !0 " 6~019 I Nov I F" ~.~020 I Jun Dec Feb I 1 Conceptual Design (45 wks / 7.5 mos.) 225 days Wed 11/15/17 Tue 9/25/18 2 Kick-Off Meeting 1 day Wed 11/15/17 Wed 11/15/ ... -3 Site Investigation 65 days Thu 11/16/17 Wed 2/14/18 -4 Stte Inventory & Analysis & Bubble Diagrams 50 days Thu 2/15/18 Wed 4/25/18 -5 Public Outreach and City Coordination 30 days Thu 4/26/18 Wed 6/6/18 6 Community Workshop #1 (Present Site Analysis & Bubble Diagrams) 1 day Thu 617/18 Thu 617/18 : -7 Prepare Outreach Summary 3 days Fri 6/8/18 Tue 6/12/18 B Lennar/City Meeting (Workshop Summary) 1 day Wed 6/13/18 Wed 6/13/18 9 Draft Conceptual Design 25 days Thu 6/14/18 Wed 7/18/18 10 Lennar/City Meeting (Present 1st Draft of Preferred Concept) 1 day Thu 7/19/18 Thu 7/19/18 ,, Staff to Prepare Comments to 1st Draft of Preferred Concept 3 days Fri 7/20/18 Tue 7/24/18 12 Conceptual Design Refinement 10 days Wed 7/25/18 Tue 817/18 13 Lennar/City Meeting (Present 2nd Draft of Preferred Concept) 1 day Wed 8/8/18 Wed 8/8/18 14 Public Outreach and City Coordination 16 days Thu 8/9/18 Thu 8/30/18 15 Community Workshop #2 (Present Conceptual Design) 1 day Fri 8/31/18 Fri 8/31/18 16 Prepare Outreach Summary 4 days Mon 9/3/18 Thu 9/6/18 17 Finalize Conceptual Design and Public Involvement Summary (Based 6 days Fri 917/18 Fri 9/14/18 on City and Community Feedback) 1B Present Final Design to Parks & Rec Commission 1 day Mon 9/17/18 Mon 9/17/18 19 Present Final Design to City Council 1 day Tue 9/25/18 Tue 9/25/18 20 Conditional Use Permit (12 wks / 3 mos.) 60 days Wed 9/26/18 Tue 12/18/18 21 Plan Processing and Approvals 60 days Wed 9/26/18 Tue 12/18/18 ~ --22 Design Development (8 wks / 2 mos.) 40 days Wed 12/19/18 Tue 2/12/19 23 Design Development Package (30% Completion) (4 City Meetings) 30 days Wed 12/19/18 Tue 1/29/19 ~ ' - 24 City Review of Design Development Package 10 days Wed 1/30/19 Tue 2/12/19 25 Construction Documents (22 wks / 5.5 mos.) 110 days Wed 2/13/19 Tue 7/16/19 ~ - 26 80% Construction Documents (2 City Meetings) 40 days Wed 2/13/19 Tue 4/9/19 ~ 27 City Review of 80% Construction Documents 15 days Wed 4/10/19 Tue 4/30/19 28 100% Construction Documents (2 City Meetings) 40 days Wed 5/1/19 Tue 6/25/19 ~ 29 City Review of 100% Construction Documents 15 days Wed 6/26/19 Tue 7/16/19 -30 Permit Processing (12 wks / 3 mos.) 60 days Wed 7/17/19 Tue 10/8/19 : +-~ 31 Permit Processing 60 days Wed 7/17/19 Tue 10/8/19 l 32 Council Approval 1 day Wed 10/9/19 Wed 10/9/19 33 City Council Approval 1 day_ Wed 10/9/19 Wed 10/9/19 : •=s 34 Bid Process (8 wks / 2 mos.) 40 days Thu 10/10/19 Wed 12/4/19 35 Advertise for Bids 30 days Thu 10/10/19 Wed 11/20/ ... 0 36 Review bids and recommend contractor 10 days Thu 11/21/19 Wed 12/4/19 37 City Council Award 1 day Fri 8/30/19 Fri 8/30/19 38 Award to Contractor 1 day Thu 12/5/19 Thu 12/5/19 39 Construction (40 wks / 7 mos. + 3 mos. PEP) 321 days Fri 12/6/19 Fri 2/26/21 • 40 Finalize contract/contractor to obtain bonds 20 days Fri 12/6/19 Thu 1/2/20 l. 41 Construction (9 mos.) 180 days Fri 1/3/20 Thu 9/10/20 42 Construction Completion 1 day Fri 9/11/20 Fri 9/11/20 43 Maintenance Period 120 davs Mon 9/14/20 Fri 2/26/21 Page2of3 27Buena Vista Reservoir Park May 16, 2018 10 !Task Name I Duration I Smrt I Finish f• 2."~0201 Ma" I F· 3j:i020 I Auo I Seo f" '6~020 I Nov I F• ~·.~021 1 Feb ! uzu ftr2.2021 Mar Jun nee •"• I 1 Conceptual Design (45 wks / 7.5 mos.) 225 days. Wed 11 /15/17 Tue 9/25/18 2 Kick-Off Meeting 1 day Wed 11/1 5/17 Wed 11/1 5/ ... 3 Site Investigation 65 days Thu 11/16/17 Wed 2/14/18 4 Site Inventory & Analysis & Bubble Diagrams 50 days Thu 2/15/18 Wed 4/25/18 5 Public Outreach and City Coordination 30 days Thu 4/26/18 Wed 6/6/18 -6 Community Workshop #1 (Present Site Analysis & Bubble Diagrams) 1 day Thu 6/7/18 Thu 617/18 -7 Prepare Outreach Summary 3 days Fri 6/8/18 Tue 6/12/18 -8 Lennar/City Meeting (Workshop Summary) 1 day Wed 6/13/18 Wed 6/13/18 9 Draft Conceptual Design 25 days Thu 6/14/18 Wed 7/18/18 10 Lennar/City Meeting (Present 1st Draft of Preferred Concept) 1 day Thu 7/19/18 Thu 7/19/18 11 Staff to Prepare Comments to 1st Draft of Preferred Concept 3 days Fri 7/20/18 Tue 7/24/18 12 Conceptual Design Refinement 10 days Wed 7/25/18 Tue 8/7/18 13 Lennar/City Meeting (Present 2nd Draft of Preferred Concept) 1 day Wed 8/8/18 Wed 8/8/18 14 Public Outreach and City Coordination 16 days Thu 8/9/18 Thu 8/30/18 15 Community Workshop #2 (Present Conceptual Design) 1 day Fri 8/31/18 Fri 8/31/18 16 Prepare Outreach Summary 4 days Mon 9/3/18 Thu 9/6/18 17 Finalize Conceptual Design and Public Involvement Summary (Based 6 days Fri 917/18 Fri 9/14/18 on City and Community Feedback) : 18 Present Final Design to Parks & Rec Commission 1 day Mon 9/17/1 B Mon 9/17/18 19 Present Final Design to City Council 1 day Tue 9/25/18 Tue 9/25/18 20 Conditional Use Permit (12 wks / 3 mos.) 60 days Wed 9/26/18 Tue 12118/18 21 Plan Processing and Approvals 60 days Wed 9/26/18 Tue 12/18/18 22 Design Development (8 wks / 2 mos.) 40 days Wed 12/19/18 Tue 2/12/19 23 Design Development Package (30% Completion) (4 City Meetings) 30 days Wed 12119/1 B Tue 1/29/19 24 City Review of Design Development Package 10 days Wed 1/30/19 Tue 2/12/19 25 Construction Documents (22 wks / 5.5 mos.) 110 days Wed 2/13/19 Tue 7/16/19 26 80% Construction Documents (2 City Meetings) 40 days Wed 2113/19 Tue 4/9/19 27 City Review of 80% Construction Documents 15 days Wed 4/10/19 Tue 4/30/19 28 100% Construction Documents (2 City Meetings) 40 days Wed 5/1/19 Tue 6/25/19 29 City Review of 100% Construction Documents 15 days Wed 6/26/19 Tue 7/16/19 30 Permit Processing (12 wks / 3 mos.) 60 days Wed 7/17/19 Tue 10/8/19 31 Permit Processing 60 days Wed 7/17/19 Tue 10/8/19 -32 Council Approval 1 day Wed 10/9/19 Wed 1 0/9/19 33 City Council Approval 1 day Wed 10/9/19 Wed 10/9/19 34 Bid Process (8 w ks / 2 mos.) 40 days Thu 10/10/19 Wed 12/4/19 35 Advertise for Bids 30 days Thu 10/10/19 Wed 11/20/ ... 36 Review bids and recommend contractor 10 days Thu 11/21/19 Wed 12/4/19 37 City Council Award 1 day Fri 8/30/19 Fri 8/30/19 -38 Award to Contractor 1 day Thu 12/5/19 Thu 12/5/19 39 Construction (40 wks / 7 mos. + 3 mos. PEP) 321 days Fri 12/6/19 Fri 2/26/21 --.. 40 Finalize contract/contractor to obtain bonds 20 days Fri 12/6/19 Thu 1/2/20 ' 41 Construction (9 mos.) 180 days Fri 1/3/20 Thu 9/10/20 42 Construction Completion 1 day Fri 9/11/20 Fri 9/11/20 ~ 43 Maintenance Period 120 days Mon 9/14/20 Fri 2/26/21 Page 3 of3 28LENNAR HOMES OF CALIFORNIA, INC. CERTIFICATE OF INCUMBENCY ' APlUL 20, 2018 The imdersigned, Mark Smitana, as a duly elect<1d, qualified and acting Secretary of LENNAR HOMES OF CAL1FORNIA, INC., a California corporation (the "Corporation"), hereby certifies that: L Ryan Gatchalian is a duly elected and qualified Vice President of Lennar Bornes, serving continuously in such capacity since his election on November 15, 2006; . 2. Donna Mathiasen (formerly Donua Kelly) is a duly elected and qualified Vice President of Lennar Bornes, serving continuously in such capacity since her election on January 13, 2010; 3. Susy ChlJ is a duly elected and qualified Vice President of Lennar Homes, serving continuously in such capacity since her election on October 26, 2011; artd 4. As a Vice President pf the Corporation, the foregoing individuals each have the power and authority in the name and on behalf of this Corporation to execute artd deliver execute and deliver corttmcts, ag1-eements, deeds, bills of sale, mo1t1,,ages, notes, releases, and any other necessary documents relating to the business, operations and properties of the Corporation. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalfofthe Corporation effective as of the date first above. written. \' ., STATE OF FLORIDA COUNTY OF MJAl\11-DAbE Sworn to and subscribed before me this 20th day of April, 20 I 8, by Mark Sustana, as Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, on behalf ofthe Corporation. He is personally known to me and did not take an oath. ~ .CHAR.Les GAMBLE f,;i!J. MYCOMMISS!ON#GGOl7920 ~ ~fd EXP1RES: Nowimberi 2020 '"1t!.;,f ,r.J(V Bonded~ Notruy ~blfc U/ldSl\¥Jlters NOTARY PUBLIC, State of Florida 29CERTIFICATE OF SECRETARY OF LENNAR HOMES OF CALIFORNIA, INC. FEBRUARY 7, 2018 The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the "Corporation"), hereby certifies that: Attached hereto as Exhibit A are true, c01Tect and complete copies of certain resolutions duly and unanimously adopted by the Board of Directors of the Corporation by Written Consent, dated June 28, 2006. Such resolutions have not been amended or repealed and remain in full force and effect. Attached hereto as Exhibit B is a list of the duly elected officers of the Corporation and each person is incumbent in such office(s) opposite his/her respective name as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary on behalf of the Corporation effective as of the date first written above. STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me this 7th day of February, 20 I 8, by Mark Sustana, 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. ~VJ:•••,. CHARLES GAMBLE ,t-~•·•~1 MY COMMISSION# GG 037920 ~ .:.s EXPIRES: November 7. 2020 \:~orrto";.!!/ Bonded Thro Notary Public UndelVlrlters ......... , NOTARY PUBLIC ;,' 30RESOLUTION OF THE BOARD OF DIRECTORS OF LENNAR HOMES OF CALIFORNIA, INC, WHEREAS, the Board of Directors (the "Board of Directors") of Lennar Homes of California, Inc., a California corporation (the "Corporation"), has, as authorized by the By-Laws of the Corporation, elected one or more Vice Presidents; . WHEREAS, as provided in the By-Laws of the Corporation, the Vice Presidents of the Corporation "will have such powers and perfonn such duties in the management of the property and affairs of the Corporation, subject to the control of the Board of Directors and the President, as generally pertain to their respective offices, as well as such powers and duties as from time to time may be prescribed by the Board of Directors;" WHEREAS, the Board of Directors desires to enumerate certain of such "powers and duties" conferred upon the Vice Presidents and to ratify certain documents executed, delivered, or filed by such Vice Presidents in exercising such powers and canying oiit such diities; NOW, THEREFORE, the Board of Directors does hereby resolve as follows: SECTION 1. The foregoing recitals are each of them true and correct. SECTION 2. The Vice Presidents of the Corporation, and each of them, acting alone, be, and each hereby is, aiithorlzed, empowered and directed to manage the day-to-day business of the Corporation subject to the control of the Board of Directors and the President. SECTION 3. The Vice Presidents of the Corpotation, and each of them, acting alone, be, and each hereby is, authotized, empowered and directed, for and on behalf of the Corporation, to execute, deliver, file and/or perform the Corporation's obligations under any and all documents deemed by such person necessary or appropriate in connection with the Corporation's (a) purchase and sale of property (lncliiding, but not limited to, biilk parcels of real property and residential, commercial, 01· industrial properties), (b) land improvement and construction activities, (c) land improvement and development activities, (d) development of real ptoperty, (e) marketing of property owned by the Corporation, (f) participation in land-secured or other municipal bond financing of improvements (including, but not limited to, community facilities disttict, assessment district, or other special district financing of improvements), and (g) financing of any of the foregoing activities. SECTION 4. In order to effect and carry out the activities contemplated in Section 2 and clauses (a) through (g) of Section 3 herein, the Vice Presidents of the Corporation, and each of them, acting alone, be, and each hereby is, authorized, empowered and directed, for and on behalf of the Corporation, to, among other things, (a) acquire and dispose of prope1ty, (b) encumber the property of the Corporation, ( c) involve the property of the Corporation in auy "off-balance sheet" transactions, (d) C:\winut\tomplnotes2CBB50\Lenna1· Homos of CA Inc Rosolutlon-VP Authorltyl.doo 31consent to and authorize the inclusion of property of the Corporation in a community facilities district, assessment distlfol, or other special district (as further set forth in Section 6 below), and (e) obtain all n0oessary pennits and approvals from federal, state, or local agencies related to the improvement, development, or entitlement of property, SECTION 5, In order to effect and carry out !lie activities contemplated in Section 2 and clauses (a) through (g) of Section 3 herein, the Vice Presidents of the Corporation, and each of them, acting alone, be, and each hereby is, authorized, empowered and directed, for and on behalf of the Corporation, to execute, deliver, file, and/or perform the Corporation's obligations under, any and all agreements, instruments, contracts, documents, consents, cel'tificates, petitions, reports, notices, applications, requests, and any amendments and assignments thereto (a) relating to federal, state, and local governmental approvals necessary for the development or entitlement of property, including, but not limited to, applications, plats and maps, easements, declarations of ·covenants and restrictions, zoning and re-zoning applications and agreements, utility agreements, acquisition agreements, subdivision improvement agreements, and development agreements, and (b) in connection with the posting of tax bonds as they relate to property, SECTION 6, The Vice Presidents of the Corporation, acd each of them, acting alone, be, and each hereby is, authorized, empowered and directed, for and on behalf of the Corporation, to execute, deliver, .file and/or perform the Corporation's obligations under, any and all agreements, instruments, contracts, documents, consents, certificates, petitions, reports, notices, applications, requests, and any amendments and assignments thereto, in OO!U/ectlon with the Co1·poration's ·1and improvement and development activities, including the public facilities necessary to serve such development, including, but not limited to, (a) the fonnation of special districts, including but not limited to, assessment districts and community facilities districts, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, or any other comparable or similar statute or regulation, (b) authorizing the levy of assessments or special taxes against the real property of the Corporation by any such special distlfots, and ( c) authorizing the issuance of bonds or other debt instruments by any such special districts, secured by a pledge of the proceeds of the special taxes or assessments levied on the real property of the Corporation, SECTION 7. The Vice Presidents of the Corporation, and each of them, acting alone, be, and each hereby is, authorized, empowered and directed, for and on behalf of the Corporation, to execute, deliver, file and/or perform the Corporation's obligations under, in addition to the documents and instruments speoifioallylisted in Sections 3, 4, S, and 6 herein, any and all othe1· documents or agreements deemed necessary or appropriate in connection with the ,activities contemplated in Sections 31 4, 5, and 6 herein, SECTION 8, The Board of Directors hereby ratifies any and all documents executed, delivered, or filed by the Vice Presidents of the Corporation, and each of them, acting alone, including, but not limited to, the following documents and instruments: agreements and contracts (inclucling purchase and sale agreements, sales contracts, option agreements, joint connnunity facilities agreements, deposit agreements, mitigation C:lwiMtllemplnotes2CBB50\Lennar Homes of CA Ino Resolution-VP Authori(yl.doo 32agreements, school funding agreements, asset agreements, development agreements, acquisition agreements, continuing disclosure agreements, assumption agreements, credit enhancement agreements, contrncts or subcontracts for labor and materials, utility agreements, subdivision improvement agreements, purchase orders, regulatory agreements, reimbursement agreements, and financing agreements); letters of credit; escrow instructions; certificates (lncludlng closing certificates and continuing disclosure certificates); reports (including environmental reports and continuing disclosure reports); deeds (including grant deeds, deeds of trust, and quitclaim deeds); easements; promissory notes; mortgage notes; applications; petitions; waivers; declarations· of covenants, conditions, and restrictions; requests; consents; notices; plats and maps (including survey maps and subdivision maps); zoning and re-zoning applications and agreements; and any appendices, attachments, exhibits, schedules, amendments, and assignments thereto and any doouments related or supportive thereto, Thls Resolution may be executed in counterparts, each of which shall be deemed an original, but all of whlch shall constitute one and the same instrument. It is agreed that a telefaxed signature of any party hereto may be accepted as a binding signature by the other parties for purposes of this Resolution. C:\wlnntltomplnotes2CBBS01Lennar·Homes of CA !no Resolution-VP Authority! ,doo 33EXHIBITB Lennar Hoines of California, Inc. Officers Name Corporal~ Pos_ition =---===·=i=• • -~,~-~.=~•mB.~~·~=--~·=~~·-=·-=£·~··=-2•~·£·=££•~0~ .. me£• =~-=-~•===•oo MIiier. Stuart A Gross, Bruce Jaffe1 Jonathan M. seckwltt, Richard Baayoun}, John Baa.youn (Yahya Zakour Balken, Kristi Barker, Dustin Bessette, Diane Burns Michele Chu Susy Clemens, Jeffrey T. Colljns, pavid Condon, JOy Conklin. Tara Davey, Anita L Denius, Darryl S, Gatchalian R\fan George. Brian Goldberg, Sandy Gross, Bruce Gualco, Lany Jaffe, Jonathan M. Keith, Earl Kelty, Donna Klitz. Chad Larson, Don Lavender, John Lee.Al MarHn L Christian Mayer, Joan McGuff Greg Mlller Merrill /Mikel Olin, Brian Parness, Jeremy Roos, Jeffr'ev; Sheaff, Thomas Smith, Monica Stough, Kelley Susta·na, Merk Torres. Mark Tummolo. Robert Sustana, M3rk sess8tle. Diane Collins, David Decker, Becca Escainilla, Isabelle Chief Executive Officer Chief Financial Officer Chief Operating Officer President Vice President Vice President Vice President Vice President Vice-President Vice Presid.ent Vice Pr~sid!;!nt Vice President Vice President Vice President Vice President Vice President Vice Presi~ent Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President ViC:e President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice· President Vice President Vice President Vice President Vice President Secretary Treasurer Controller Authorized Agent~ Homebulldfng/S_ales Operations Authorized Agent -Homebuilding/Sales Operations 34Lavender, Jennifer Pennebaker, Lori Smith, Monica Taylor, Christine Torres, Jennifer Vance-Copen, Valarie Velky, Michelle Gardner, Jarnne Geist. David Schroeder, Randy Smith, Geoff Steam David Tucker John Lester Murlas Manuel Petrollno, Michael Schaan, Todd Vogt, Feng Galloway Lisa Geist. David Holley, Julie Houk Melanie Leyva, Sandra Mayer, Joan McGuff, Greg Santaella, Grace Wilson, Trudie Desouza, Jacguefjne S, Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebui!dingfSalas Operations Authorized Agent -Homebuildin_g_!Sales Operations Authorized Agent ~ Homebuilding!Sales Operation$ Authorized Agent -Land Development Operations Authorized Agent -Land Develgpment Ope'rations Authorized Agent -Land Development Operations Authorized Agent -Land Development Operations Authorized Agent p Land Deve.lopment OperaUons Authorized Agent -Land Development Operations Authorized Agent ~ Payroll Operations Authorized Agent -Tax Operations Authorized Agent -Tax Operations Authorized Agent~ Tax Operations Authorized Agent Assistant Secretary Assistant Secretary Assistant Secretary Asslst~nt Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Treasurer 35ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 7/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER ~2~1fCT Kellev Gubernick Gore Lieske & Associates Insurance Brokers, LP r,t1gNJ0 Ext'· 714-505-7000 I it\~ No,, 714-573-1770 15901 Red Hill Ave Suite 100 Tustin CA 92780 i~tfJ~ss: kaubernicktro,,orelieske.com INSURER/SJ AFFORDING COVERAGE NAIC# INSURER A, RLI INS CO 13056 INSURED LENNA•1 INSURER B' OLD REPUBLIC INS co 24147 Lennar Homes of California, Inc. INSURER C: 25 Enterprise Aliso Viejo, CA 92656 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1464065933 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR /OLICY EFF ,~g}-6%~~1 LIMITS LTR ,,,_o WVD POLICY NUMBER MM/OONYYYl B X COMMERCIAL GENERAL LIABILITY y MWZV311005 9/1/2017 9/1/2018 EACH OCCURRENCE $4,000,000 1 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES IEa occurrence' $2,000,000 MED EXP {Any one person) $NIA -PERSONAL & ADV INJURY $4,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ POLICY • )f8r • LDC PRODUCTS -COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CAP9505842 911/2017 9/112018 COMBINED SINGLE LIMIT $1 000000 'Ea accident\ 1--X ANY AUTO BODIL y INJURY {Per person) $ -All OWNED -SCHEDULED AUTOS AUTOS BOOIL Y INJURY (Per accident) $ 1--1--X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS 'Per accident 1--1--$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1--EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION M\r'v'C31100400 9/112017 9/112018 X I ~f~TUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE • N/A E.L EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more space Is required) RE: Construction of Public Park at The Buena Vista Reservoir Site City of Carlsbad is named as additional insured on the General Liability per attached endorsements CG 20 10 04 13 and CG 20 37 04 13 as required by written contract subject to the terms and conditions of the policy. Primary and Non-Contributory applies on the General Liability per attached endorsement CG 20 01 04 13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 1200 Carlsbad Village Dr AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 r~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 36POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(sl Location And Description Of Completed Operations As required by written contract or agreement On File With Company "It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance, and any insurance maintained by the additional insured shall be excess and non-contributory with the Insurance provided hereunder." Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organlzatlon(s) shewn In the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard11• However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to section Ill -Limits Of Insurance: If coverage provided' to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Th is endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 370413 © Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY311005 Lennar Corooratlon 09/01/2017 -09/01/2018 37POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organizationlsl As required by written contract or agreement. SCHEDULE "It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance, and any insurance maintained by the additional insured shall be excess and non~contributory with the insurance provided hereunder. Locationlsl Of Covered Ooerations On File With Company Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of2 MWZY311005 Lennar Corooratlon 09/01/2017 • 09/01/2018 38POLICY NUMBER: MWZY 311005 A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 11bodlly injury11, 0property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or B. With respect to the insu ranee afforded to these additional insureds, the following additional exclusions apply: Thit> imrnrancti tlotts not apply tu "buUily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) al the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury ur Uamaye arhsc::s llati been µul lo ilis intended use by any person or organization other than another contractor or subcontractor en,ia,ied in performinQ operations for a principal as a part of the same project. 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 MWZY311005 Lennar Cornaratlon 09/01/2017 -09/01/2018 39POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: {2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG20010413 MWZY311005 © Insurance Services Office, Inc., 2012 Lennar Corporation 09/01/2017 • 09/01/2018 Page 1 of1 40IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies the notice of cancellation of insurance provided hereunder by adding the following: A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation date, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. PIL 029 10 10 MWZY311005 Lennar Corporation EXHIBIT 2 Buena Vista Reservoir Site – Park Planning Timeline of Public Involvement Efforts 4/11/2018 Letter sent to owners/occupants closest to the park Text service is deployed to invite residents to receive updates and information about the BV Reservoir site project 5/15/2018 News release announcing the public workshop is published online, social media, and city's web page 5/15/2018 Postcard is created, printed and mailed to residents and property owners in a .75 mile radius from the reservoir's site 5/15/2018 Banners announcing the public workshop are placed at reservoir's gate and field at Buena Vista Elementary 6/1/2018 BV Elementary sends weekly newsletter home to families with invitation to participate in public workshop 6/4/2018 Eblast announcing public workshop goes out to Parks & Rec and Buena Vista lists 6/7/2018 Public workshop Buena Vista Elementary ~50 attendees participate 6/8/2018 Online survey goes live to the public 6/9/2018 Eblast goes out to public workshop participants and mail list announcing the availability of concept designs online and survey 6/22/2018 Survey participation is encouraged by sending the link and an invitation to parent's groups, Trails and Recreation lists, Facebook targeted ads, Buena Vista Elementary home page invitation with link, direct email to administration at elementary school inviting them to share the link with families Banners are updated to reflect information about how to stay informed about the project via email, project's webpage and text 9/4-9/7/2018 Postcard announcing the second public meeting are delivered to home owners and residents living within a .75 mile radius from site 9/12/2018 Eblast announcing a second public meeting and revised design of park is sent to Parks & Rec and Buena Vista lists 9/12/2018 Text goes to BV Park subscribers announcing revised design and second public meeting 9/12/2018 Banners promoting second public meeting are placed on the fence of BV Elementary (Las Flores) and at the reservoir's gates 9/13/2018 Second public meeting is announced on BV Elementary home page 9/13/2018 Blurb announcing the second public meeting goes out to parents of all elementary school students on their school weekly newsletter 9/14/2018 Postcard is placed on community information board at BV Elementary 9/12/2018 Postcard is created, printed and mailed to residents and property owners in a .75 mile radius from the reservoir's site announcing the revised design 9/20/2018 Second public workshop takes place at BV Elementary - ~50 attendees participate 9/19/2018 Eblast and text reminding residents about the public meeting and BV Elementary is sent 9/21/2018 Thank you eblast goes to participants and BV list inviting them to visit the project's web site and see and comment on the revised design 10/10/2018 Enewsletter announcing informational presentation to Parks & Recreation Commission on 10/15 is sent to BV list 10/15/2018 Park planning update presented to the Parks & Recreation Commission 41 2 18 4 34 31 31 8 16 17 15 34 14 1 13 36 12 23 33 910 56127 21 9 2524 35 2622342732 29 28 28 30 1920 3 +179.0 +177.0 +175.0 +180.0 +182.0 +180.0 +182.0 +182.0 1 2 3 4 5 6 7 8 9 10 11 +175.0 +174.0 +173.0 +187.0 22 15 27 LEGEND: Existing Carlsbad Municipal Water District Facility Contoured Mounds Trash & Recycling Receptacles Concrete Stairs with Handrails Drinking Fountain Round Picnic Table Barbecue and Prep Table ADA Accessible Round Picnic Table 1 7 19 25 31 2 8 14 20 26 32 34 3 9 21 33 35 36 4 10 16 22 28 5 6 11 12 17 18 23 24 29 30 Stormwater Basin Decomposed Granite Existing ADA Ramp Fence at Water Tank Existing Street Light Proposed Crosswalk Striping 8’ Wide Vehicular Gate Bike Racks Playground with Sand & Rubberized Play Surfacing Planting Area ADA Ramp Bark Mulch Overhead Shade Structure Proposed Street Light Stormwater Swale Parallel Parking Stall (Typ. of 11)8’ Long Picnic Table (Typ. of 4)Interpretive Garden (Typ.) Concrete Walk Pedestrian Lighting Natural Grass Area 6’ Long Bench (Typ. of 4) Asphalt Paving Removable Bollards ADA Accessible Picnic Table (Typ. of 2) Proposed 6’ Tall Privacy Fence Existing Chainlink Fence to Remain Existing Water Tank To Remain (Repurposed for Park Signage) 13 11 ARLAN D R O A D BUENA VISTA WAY0 10 20 40 1" = 20'-0"SCALE : E CE 2 h n iLc.AC www.sc pe elt ho CHs T DD NAAB LW HTI MI N A o 4 NV ,219 idt es gn.c 1-632}91 138, im {e d 6 31 9 f elimisca Z 3 m 62 4 G TN GN A R T ISOR N M E S NIN V I GI ,PU I PX RE S S IS E N S I T R CITA O EL 98-632} 716{ 9 2 G . I N D E S IY C O NI V IT N xS11 i 9DeAvenu , San iego, CAth 2101iSu te 005 ,11 Project Number: 17-414 Date: September 20, 2018 Landscape Concept Buena Vista Reservoir Site Carlsbad, California LANDSCAPE CONCEPT BUENA VISTA RESERVOIR SITE PROJECT NUMBER: 17-414 DATE: SEPTEMBER 20, 2018CARLSBAD, CALIFORNIA 42 ------ ('city of Carlsbad ------ SCHMIDT DESIGN GROUP, INC. ------------------------ Landscape Buffer Path Path PA Vista Point Swale PA Path Landscape BufferTurfInterpretive Garden B B’ A A’ Landscape Buffer Playground Turf Interpretive GardenPath Path Swale Landscape Buffer Planting Area Picnic Area +180.0’ +182.0’ +174.5’ +187.0’ +178.0’ Key Map Not to Scale (PA) A A’B’ B ARLAN D R O A D BUENA VISTA WAY0 10 20 40 1" = 20'-0"SCALE : E CE 2 h n iLc.AC www.sc pe elt ho CHs T DD NAAB LW HTI MI N A o 4 NV ,219 idt es gn.c 1-632}91 138, im {e d 6 31 9 f elimisca Z 3 m 62 4 G TN GN A R T ISOR N M E S NIN V I GI ,PU I PX RE S S IS E N S I T R CITA O EL 98-632} 716{ 9 2 G . I N D E S IY C O NI V IT N xS11 i 9DeAvenu , San iego, CAth 2101iSu te 005 ,11 Project Number: 17-414 Date: September 20, 2018 Landscape Concept Buena Vista Reservoir Site Carlsbad, California PROJECT NUMBER: 17-414 DATE: SEPTEMBER 20, 2018 40 8 SCALE: 1”= 8’-0” 16 LANDSCAPE CONCEPT - SECTIONS BUENA VISTA RESERVOIR SITE CARLSBAD, CALIFORNIA 43 195 190 185 180 175 170 {'city of Carlsbad SCHM[DT DESIGN GROUP , INC. 200 ~- 195 185 180 ft_ I ' I i ' ---------- 175 ~--------------------------- ft_ I ' I ' I ' I ' I ' I ' I -1 -------j ' I I ' I RENDERING #1 BUENA VISTA RESERVOIR SITE PROJECT NUMBER: 17-414 DATE: SEPTEMBER 20, 2018CARLSBAD, CALIFORNIA 44 ('city of Carlsbad SCHM[DT DES I GN GROUP , [NC. RENDERING #2 BUENA VISTA RESERVOIR SITE PROJECT NUMBER: 17-414 DATE: SEPTEMBER 20, 2018CARLSBAD, CALIFORNIA 45 ('city of Carlsbad SCHM[DT DES I GN GROUP , [NC. RENDERING #2 BUENA VISTA RESERVOIR SITE CARLSBAD, CALIFORNIA RENDERING #3 BUENA VISTA RESERVOIR SITE PROJECT NUMBER: 17-414 DATE: SEPTEMBER 20, 2018CARLSBAD, CALIFORNIA 46 ('city of Carlsbad SCHM[DT DES I GN GROUP , [NC.