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HomeMy WebLinkAboutLennar Homes of California Inc; 2018-07-31;AGREEMENT 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 AGREEMENT 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 3tl.., 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). 7/3/18 F. 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 (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 (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 (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 (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 (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 the 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 9.2.2 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 return 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 21. 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 IN 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 ~ 4;!}' By· . ) SI .. ···,t. / /CC ~ (signhere) b~N Afe= IA/2-r+tt,!&a.f ~ Vr (print name/title) CITY OF CARLSBAD a municipal corporation By: ATTEST: By: \ Lo A£& f/[(k[dUJ ere) ~ARBARA ENGLESON y lee F~~,t=eJ,V V City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f 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~,G~ eputy City Attorney 12 7/3/18 I CALIFORNIA 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. Signature odJ-VL J · d1r= DEBRAJ.PELOiA ' COMM. #2198310 z Notary Public -California ~ Orange County .. Comm. ires June 8, 2021 (Seal) EXHIBIT A CONSTRUCTION SCHEDULE 7/3/18 10 Task Name 1 Conceptual Design (45 wks / 7.5 mos.) Kick-Off Meeting Site Investigation Site Inventory & Analysis & Bubble Diagrams 5 1 Public Outreach and City Coordination 6 Community Workshop #1 (Present Site Analysis & Bubble Diagrams) 7 Prepare Outreach Summary 8 Lennar/City Meeting (Workshop Summary) 9 Draft Conceptual Design 10 Lennar/City Meeting (Present 1st Draft of Preferred Concept) 11 Staff to Prepare Comments to 1st Draft of Preferred Concept 12 Conceptual Design Refinement ~ Lennar/City Meeting (Present 2nd Draft of Preferred Concept) 14 Public Outreach and City Coordination 15 Community Workshop #2 (Present Conceptual Design) 16 Prepare Outreach Summary Finalize Conceptual Design and Public Involvement Summary (Based on City and Community Feedback) Present Final Design to Parks & Rec Commission 19 , Present Final Design to City Council ~ Conditional Use Permit (12 wks / 3 mos.) I 21 I Plan Processing and Approvals 22 1 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.) 26 80% Construction Documents (2 City Meetings) 27 City Review of 80% Construction Documents ~28 100% Construction Documents (2 City Meetings) 29 City Review of 100% Construction Documents 30 Permit Processing (12 wks / 3 mos.) 31 Permit Processing 721 Council Approval ~ City Council Approval " Bid Process (8 wks / 2 mos.) 35 Advertise for Bids ~36 Review bids and recommend contractor 37 City Council Award t---Te7 Award to Contractor ~ Construction (40 wks / 7 mos. + 3 mos. PEP) 4° Finalize contract/contractor to obtain bonds 41 ' Construction (9 mos.) 42 Construction Completion ._•~aintenance Period Duration 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 11/1 5/ ... 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 617/18 Thu 617/18 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 7/20118 Tue 7/24/18 Wed 7/25/18 Tue 817/18 Wed 8/8/18 Wed 8/8/18 Thu 8/9/18 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 9114/18 Mon 9117/18 Mon 9117/18 Tue 9/25118 Tue 9125/18 Wed 9126118 Tue 12/18118 Wed 9126118 Tue 12/18/18 Wed 12/19/18 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 4/9/19 Wed 4110/19 Tue 4/30/19 Wed 5/1/19 Tue 6/25119 Wed 6126/19 Tue 7/16119 Wed 7117/19 Tue 10/8/191 Wed 7/17/19 Tue 1018/19 Wed 10/9/19 Wed 1 019119 Wed 10/9/19 Wed 10/9/19 Thu 10/10/19 Wed 12/4/19 Thu 10/10/19 Wed 11/201 ... 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 12/6/19 Fri 2/26/21 Fri 12/6/19 Thu 1/2/20 Fri 113/20 Thu 9/10/20 Fri 9/11/20 Fri 9/11/20 Mon 9/14/20 Fri 2/26121 Page 1 of 3 Nov t Nov I Dee --l t t 1 t -------------- Buena Vista Reservoir Park May 16, 2018 10 Task Name Duration Start Flnlsh Qttl, 2019 P• 3, 2019 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 w_k_s_/_7 ___ 5_m_o_s ___ ) ___________ L....__2-25-d-ay_s__J_W_ed 11 /15/17 Tue 9/2~5~/1~8=+1~J,,.ao1-.~.o•"'-b~_,,""--'---01"--'---""'L-L-.Juo Jui I Aua Kick-Off Meeting 1 day Wed 11/1 5/17 Wed 11/15/ ... Site Investigation 65 days Thu 11/16/17 Wed 2/14/18 Site Inventory & Analysis & Bubble Diagrams 50 days Thu 2/15/18 Wed 4/25/18 Public Outreach and City Coordination 30 days Thu 4/26/18 Wed 6/6/18 Community Workshop #1 (Present Site Analysis & Bubble Diagrams) 1 day Thu 6/7/18 Thu 617118 Prepare Outreach Summary 3 days Fri 6/8/18 Tue 6/12/18 Lennar/City Meeting (Workshop Summary) 1 day Wed 6/13/18 Wed 6/13/18 Draft Conceptual Design 25 days Thu 6/14/18 Wed 7/18/18 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 Conceptual Design Refinement 10 days Wed 7/25/18 Tue 817118 Lennar/City Meeting (Present 2nd Draft of Preferred Concept) 1 day Wed 8/8/18 Wed 8/8/18 Public Outreach and City Coordination 16 days Thu 8/9/18 Thu 8/30/18 Community Workshop #2 (Present Conceptual Design) 1 day Fri 8/31/18 Fri 8/31/18 Prepare Outreach Summary 4 days Mon 9/3/18 Thu 9/6/18 Finalize Conceptual Design and Public Involvement Summary (Based 6 days Fri 9/7/18 Fri 9/14/18 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 contracVcontractor to obtain bonds Construction (9 mos.) Construction Completion Maintenance Period 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 da s 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 12/18/181 Wed 12/19/18 Tue 2/12/1 9,... __ _ Wed 12/19/18 Tue 1/29/19 Wed 1/30/19 Tue 2/12/19 Wed 2/13/19 Tue 7/16/191 Wed 2/13/19 Tue 4/9/19 Wed 4/10/19 Tue 4/30/19 Wed 5/1/19 Tue 6/25/19 Wed 6/26/19 Tue 7/16/19 Wed 7/17/19 Tue 10/8/19 Wed 7/17/19 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 Thu 12/5/19 Fri 12/6/19 Fri 12/6/19 Fri 1/3/20 Fri 9/11/20 Mon 9/14/20 Fri 8/30/1 9 Thu 12/5/19 Fri 2/26/21 Thu 1/2/20 Thu 9/10/20L Fri 9/11/20 Fri 2/26/21 Page 2 of 3 1 1, 2020 Ja eb Buena Vista Reservoir Park May 16, 2018 ID !Task Name Conceptual Design (45 wks / 7.5 mos.) Kick-Off Meeting __________ lc___0ur_.ti_on_ .... 1 ___ s .. _" __ _.I __ F1n_1s_h __ __,u,,,,.'L.... ... r_··_,,~ .. 2,0_2..Jol'--"u""-L •• ~__.,J,.,,un,__LF'·_3.,,.ju.,,_~o-20-''--'.""'""-"..Ll_.,s.,,.,o,__0L._4,,,6!,.,_0_20...J..__,N,ov___j__pec~tr ~·a~o~eLLMar 225 days Wed 11/15/17 Tue 9/25/18 2 3 4 5 6 7 8 9 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 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 contracUcontractor to obtain bonds Construction (9 mos.) Construction Completion Maintenance Period 1 day Wed 11115/17 Wed 11/15/ ... 65 days Thu 11/16/17 Wed 2114/18 50 days Thu 2115/18 Wed 4/25/18 30 days Thu 4/26/18 Wed 6/6/18 1 day Thu 6/7/18 Thu 617/18 3 days Fri 6/8118 Tue 6/12118 1 day Wed 6/13118 Wed 6113/18 25 days Thu 6114118 Wed 7118118 1 day Thu 7119118 Thu 7119118 3 days Fri 7120118 Tue 7124118 10 days Wed 7125118 Tue 817118 1 day Wed 818/18 Wed 818/18 16 days Thu 819/18 Thu 8/30/18 1 day Fri 8/31/18 Fri 8/31/18 4 days Mon 9/3/18 Thu 916118 6days Fri9/7/18 Fri9/14118 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 da s Mon 9117/18 Mon 9/17/18 Tue 9125/18 Tue 9/25118 Wed 9/26/18 Tue 12118118 Wed 9126118 Tue 12118118 Wed 12119/18 Tue 2112119 Wed 12119/18 Tue 1/29/19 Wed 1130119 Tue 2112119 Wed 2/13/19 Tue 7/16/19 Wed 2113119 Tue 4/9/191 w~~d4~~~;~: i~: :;;~;~:, Wed 6126119 Tue 7116119 Wed 7/17/19 Tue 1018/19 Wed 7117119 Tue 1018119 Wed 10/9/19 Wed 10/9/19 Wed 1019/19 Wed 10/9/19 Thu 10/10/19 Wed 1214/19 Thu 10/10/19 Wed 11120/ ... Thu 11/21/19 Wed 1214119 Fri B/30/19 Fri B/30/19 Thu 1215119 Thu 1215119 Fri 1216/19 Fri 1216119 Fri 113120 Fri 9/11120 Mon 9/14120 Fri 2126/211 Thu 1/2120 Thu 9110120·--------------aai Fri 9/11/20 ~ Fri 21~ Page 3 ofl a• 2. 2021 ApLJ LENNAR HOMES OF CALIFORNIA, INC. CERTIFICATE OJ' INCUMBENCY APRIL 20, 2018 The undersigned, Mark Sustana, as a duly elected, qualified and acting Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the "Corporation"), hereby certifies that: 1. Ryan Gatchalian is a duly elected and qualified Vice President of Lennar Homes, serving continuously in such capacity since his election on November 15, 2006; 2. Donna Mathiasen (formerly Donna Kelly) is a duly elected and qualified Vice President of Lennar Homes, serving continuously in such capacity since her election on January 13, 2010; 3. Susy Chu is a duly elected and qualified Vice President of Lennar Homes, serving continuously in such capacity since her election on October 26, 2011; and 4. As a Vice President of the Corporation, the foregoing individuals each have the power and authority in the name and on behalf of this Corporation to execute and deliver execute and deliver contracts, agreements, deeds, bills of sale, mortgages, 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 behalf of the Corporation effective as of the date first above written. ST A TE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me this 20th day of April, 2018, 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. CHARLES GAMBI.E MY COMMISSION I GG 037920 EXPIRES: Nowlmber 7, 2020 Bandld'TIIN Notary NIIIG Lnle!wrlln NOTARY PUBLIC, State of Florida CERTIFICATE 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, correct 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, 2018, 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 . • ~'.'I'••,, CHARLES GAMBLE f~~-· ··~\ MY COMMISSION# GG 037920 ~!: :!§ EXPIRES: November 7, 2020 -;.:..-.• ~--;~~.~~:.~~--~ Bonded Thru Nota,y Pubtk: Undtrwrttetl NOTARY PUBLIC 7 RESOLUTION 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 Pt·esidents; WHEREAS, as provided in the By-Laws of the Corporation, the Vice Presidents of the Corporation "will have such powers and perform 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 carrying out such duties; 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, authorized, 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 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 documents deemed by such person necessary or appropriate in connection with the Corporation's (a) purchase and sale of property (including, but not limited to, bulk parcels of real property and residential, commercial, or industrial properties), (b) land improvement and construction activities, (c) land improvement and development activities, (d) development of real pl'operty, (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 district, 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 property, (b) encumber the property of the Corporation, (c) involve the . property of the Corporation in any "off-balance sheet" transactions, ( d) C:\winnt\temp\notes2CBB50\Lennar Homes of CA Inc Resolution-VP Authorityl.doc consent to and authorize the inclusion of property of the Corporation in a community facilities district, assessment district, or other special district (as further set forth in Section 6 below), and (e) obtain all necessary permits 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 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 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 (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 devolopment agreements, and (b) in connection with the posting of tax bonds as they relate to property. SECTION 6. 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, certificates, petitions, reports, notices, applications, requests, and any amendments and assignments thereto, in connection with the Corporation's land 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 districts, and (c) authorizing the issuance of bonds or other debt ins'truments 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 specifically listed in Sections 3, 4, S, and 6 herein, any and all other documents or agreements deemed necessary or appropriate in connection with the .activities contemplated in Sections 3! 4, S, 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 (including purchase and sale agreements, sales contracts, option agreements, joint community facilities agreements, deposit agreements, mitigation C;\winnt\temp\notes2CBB50\Lennar Homes of CA Jno Resolution-VP Authorityl.doc agreements, school funding agreements, asset agreements, development agreements, acquisition agreements, continuing disclosure agreements, assumption agreements, credit enhancement agreements, contracts 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 (including 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 documents related or supportive thereto, This Resolution may be executed in counterparts, each of which shall be deemed an original, but all of which 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:\winnt\tomp\notes2CBBS0\Lennar·Homos of CA Inc Resolution-VP Authority! .doc Name Miller. Stuart A Gross. Bryce EXHIBIT B Lennar Homes of California, Inc. Officers Corporate Position Chief Executive Officer Chief Financial Officer Jaffe. Jonathan M. Chief Operating Officer Beckwitt. Richard President Baayounl. John Baayoun {Yahya Zakour Vice President Balken, KriSti Barker. Dustin Bessette. Diane Burns. Michele Chu. Susy Clemens. Jeffrey T. Collins. David Condon. Joy Conklin. Tara Davey. Anita L. Denius. Darrvt s. Gatchalian. Ryan George. Brian Goldberg. Sandy Gross. Bruce Gualco. Larry Jaffe. Jonathan M. Keith. Earl Kenv. Donna Kiltz. Chad Larson. Don Lavender. John !&e...A! Marlin. L. Christian Mayer. Joan McGuff. Greg Miller. Merrill /Mike) Olin. Brian Parness. Jeremy R09s, Jeffrey Sheaff. Thomas Smith Monica Stough. Kelley Sustana. Mark Torres. Mark Tummolo. Robert Sustana. Mark Bessette. Diane Collins. David Decker. Becca Escamilla. Isabelle Vice 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 Vice 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 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 • Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Lavender. Jennifer Pennebaker. Lori Smith. Monica Taylor. Christine Torres. Jennifer Vance-Copen. Valarie Velky. Michelle Gardner. Jamne Geist. David Schroeder. Randy Smith. Geoff Steam, David Tucker, John Lester Morlas, Manuel PetroUno, Michael Schaan. Todd Vogt. Feng Galloway. Lisa Geist. David Holley. Julie Houk. Melanie Lewa Sandra Mayer, Joan McGuff. Greg Santaella. Grace Wilson. Trudie DeSouza. Jacqueline S. Authonzed Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sales Operations Authorized Agent • Homebuilding/Sales Operations Authorized Agent -Homebuilding/Sates Operations Authorized Agent -Land Development Operations Authorized Agent -Land Development Operations Authorized Agent -Land Development Operations Authorized Agent -Land Development Operations Authorized Agent -Land Development Operations 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 Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Treasurer Bond No. 9250288 Premium: $6,222.00/annum Poinsettia, Tract 14-10 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, a municipal corporation, and Lennar Homes of California, Inc. have entered into an Agreement for the Construction of a Public Park at the Buena Vista Reservoir Site ("Park Project"). WHEREAS, the Agreement requires Lennar Homes of California, Inc. to furnish a bond for the antici- pated construction contract price of the Park Project for the faithful performance and warranty of said Agreement; NOW, THEREFORE, WE, Lennar Homes of California, Inc., and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of two million, three hundred and four thousand, three hundred fifty-two Dollars ($2,304,352), said sum being equal to one hundred percent (100%) of the estimated amount of the anticipated construction price of the Park Project, to be paid to City of Carlsbad or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Lennar Homes of California, Inc, their 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 agreements in the Agreement and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. The Bond will be reduced to 25 percent of the original amount 30 days after recordation of the No- tice of Completion of the Park Project and will remain in full force and effect for the one-year war- ranty period and until all warranty repairs are completed to the satisfaction of the City of Carlsbad. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, exten- sion of time, alterations or addition to the terms of the contract or to the work or to the specifications Executed Lennar Homes of California, Inc. this day of ~-:1 1e,\ , 20th. Lennar Homes of California, Inc., a California corporation By: ~ -----~-(sign h r ) ___ _ (print name here) V,c~ f,e£s1t:ENT (Title and Organization of Signatory) By:------------- (sign here) (print name here) ____ _ (Title and Organization of signatory) Executed by SURETY this __ 1_7_th __ day of August , 2018 ---- SURETY: Fidelity and Deposit Company of Maryland (name of Surety) 1299 Zurich Way, Schaumburg, IL 60196 (address of Surety) (84 7) 605-6000 (telephone number of Surety) By: ~l~LJ/J~W_, - (signature of Attorney-in-Fact) Mechelle Larkin (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by Lennar Homes of California, Inc. and SURETY must be at- tached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~l()g~~/\.....______,,,__,-,-=_. ~jJ....._,,, - Ron Kemp -G?y Assistant City Attorney 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otlier officer completing ths ce,iilicate verifies only the identity of the ,ndividual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or vatidity of that document ~:~~t:fo~alifo~ ) On~ 1,l ,~efore me. /tttJ~L ~--NO ·Orf'Lj t1413H& Date i,N· Here Insert Name and Title of the Officer personally appeared rt?\-DJtVb-1 . -N;'!rie(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p~son~ whose name(lf1"~ subscribad to the within instrument and acknowled~ to me that +o!e/~~':lxecutad the same in ~ authorized capacity(i~ and that by ~r signature'8r on the instrument the person.£sr, or the entity upon behalf of which the person\t) octed. executed the instrnment. ALBERTA L. SEAGER COMM. #2158950 z Notary Public -California ~ Orange County - Comm. Ex ires Ju 2 2020 Place Notary Seal Above 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 hnnd and officio! seal. S1gnature~-- Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an ,min/ended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) 01her Thnn Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: 7 Corporate Officer -Title(s): , , Corporate Officer -Title(s): Partner -Limited General Partner -l ) Limited i .: General u Individual U Attorney in Fact C Individual =: Attorney in Fact CJ Trustee Guardian or Conservator Twstee .. Guardian or Conservator Other: Other: Signer Is Representing: ... Signer Is Representing: <0)2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 ___ A_U_G_1_7_2_0_18 ___ before me, _....c...K=a=th--'-'y._R'---'-'-. '-'-M'-"-a"-'-ir...__, '--'N""""o=ta-'-'-ry-'---'-P--"u=b-'-'-lic"---------- DATE [Name of Notary Public and Title 'Notary Public'"] personally appeared ----'-'M_e~c __ h_e_ll_e_L_a-'-'rk __ i_n _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- [Name(s) of Signer(s)] who proved to me on the basis of satisfactory evidence to be the personfsj whose namefsj is/ara subscribed to the within instrument and acknowledged to me that t:le/she/tl:ley executed the same in rns/her/tfl.ei-F authorized capacity~, and that by rns/her/tfl.ei-F signaturefsj on the instrument the personfsj, or the entity upon behalf of which the personfsj 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. Place Notary Seal Above 0 PT/ 0 NA L --------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: __________________ Number of Pages: _______ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Mechelle Larkin Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual ~ Attorney-in-Fact D Individual D Attorney-in-Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ______________ _ Signer Is Representing: ________ _ Signer is Representing: _________ _ ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Mechelle LARKIN, of IRVINE, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMP ANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 31st day of January, A.D. 2017. By: Secretary Eric D. Barnes State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael Bond On this 31st day of January, A.O. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,,,n1u,,,, "\.''\ f.\~~J:,·:<,:',,,. \,: \!-,.. ···"!. "-ft/:H(:l",1,/)1 -;.~\~(, ........._ I _: -;,i:· ... 1,, 1<· .. -··,.,, '*",,~J~°e:'(:i.1\f:t},, ... ,,,,11l''' Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA-F 012-4451L EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURJCH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V, Section 8, of the By-Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOL YEO: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, I 994, and 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 I 0th day of May, I 990. RESOL YEO: "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 seals of the said Companies, this _ day of AUG 1 7 2018 , 20 101:; ~J '- Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 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 ~~~i~cT Kelley Gubernick Gore Lieske & Associates Insurance Brokers, LP rA~gNtro Ertl· 714-505-7000 I FAX 15901 Red Hill Ave Suite 100 IA/C Nol: 714-573-1770 Tustin CA 92780 !tDA~~ss: kgubernickla)aorelieske.com INSURER{Sl AFFORDING COVERAGE NAIC# INSURER A: RU INS co 13056 INSURED LENNA-1 INSURER B: OLD REPUBLIC INS co 24147 Lennar Homes of California, Inc. INSURERC: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,en W\/n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY y MWlY311005 9/1/2017 9/1/2018 EACH OCCURRENCE $4,000,000 ~ D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES /Ea 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 ~ DPRO-DLoc PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY CAP9505842 9/1/2017 9/1/2018 COMBINED SINGLE LIMIT $1000000 (Ea accident) ~ X ANY AUTO BODILY INJURY (Per person) $ f---ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS f---AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ f--- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ f--- EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION MWC31100400 911/2017 9/1/2018 X I ;¥frnTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? N/A (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/ LOCATIONS / VEHICLES (ACORD 101, Additional 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 Jlli!J--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 POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG20370413 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 Organization(s) 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 required to complete 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 organizatlon(s) shewn in the Schedule, but only with respect to liabrlity 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 haz:ard". 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. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY311005 Lennar Corooration 09/01/2017 -09/01/2018 POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Onianization(s) 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. Location(s) 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 of 2 AAIN7Y _111nn!i POLICY 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 "bodily injury", "property 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 insurance afforded to these additional insureds, the following additional exclusions apply: Thi:; i11:;uranc~ do~s 11ol apply tu "but.lily 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) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury ur t.lamaye ari:;~:; ha:; been fJUl lo il:; intended use by any person or organization other than another contractor or subcontractor engaged in performing 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 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 MWZY311005 Lennar Corooration 09/01/2017 -09/01/2018 POLICY NUMBER: MWZY 311005 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 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 CG 20 01 0413 MWZY311005 © Insurance Services Office, Inc., 2012 Lennar Corporation 09/01/2017 -09/01/2018 Page 1 of1 IL 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. Pll 029 10 10 MWZY311005 Lennar Corporation