HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-683 THE BOARD of SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on October 25, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkenia
NOES None
ABSENT': None
ABSTAIN: None
MM
L t m i66 i
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 05-00030
(cross-reference Subdivision 03-08710), being developed by 'Western Pacific
Housing, Inc;., a Delaware Corporation,Discovery Bay area. (District III)
The following document was presented for Board:approval this datefor PA 05-00030
(cross-reference Subdivision 03-08710),'located in the Discovery Bay area.
A Subdivision Agreement, (Right of Way Landscaping) with Western Pacific housing,:
Inc., a Delaware Corporation, developer, whereby said developer`agrees to complete all
improvements as required in said Subdivision Agreement (Right of Way Landscaping) within
two years from the date of said agreement. Improvements generally consist of landscaping.',
Said document was accompanied by the following:'
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $7,096.00
Deposit made by: Western Pacific Housing,Inc.
Auditor's Deposit Permit No. and Date: 452460 October 6, 2005
AH:rn, I hereby certify that this is a truce and correct copy of an
0:\orpData\Enssvc\Bo\2005\10-25\PA 05-00030'ao-16.doc action taken and entered on the minutes of the Board of
originator:, Public works(ES)
Contact: S.Gospodchikov(313-2316) Supervisors on the date shown.
cc: Public Works'- T.Bell,Construction
current Planning,Community Development
T—July,2007(P 1) ATTESTED?:
Western Pacific Housing,Inc. JOHN SWEETEN Clerk of the Board of Supervisors and
121U Central Blvd. x
Brentwood,CA 94513 County Administrator'
Arch Insurance Company
135 N.Los Robles,#825
Pasadena,CA 91141
By ,Deputy
RESOLUTION NO.2005!
SUBJECT: .Approving Subdivision Agreement(Right of Way Landscaping) for PA 05-00030
(cross-reference Subdivision 03-08710), being developed by Western Pacific
,Housing,Inc., a Delaware Corporation,Discovery Bayarea. (District III)
DATE: October 25,2005
PAGE: 2
II. Surety Bond,
Bond Company: Arch Insurance Company
Bond Number and Date: SU5016368 September 28,2005
Performance Amount: $702,504.00
Labor&Materials Amount: $354,800.00
Principal: Western Pacific Housing, Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
SUBDIVISION AGREEMENT
(Right of Way.Landscaping)
(Government Code§66462and§66463)
Subdivision: Ravera:� PA t)} (M 710) Effective Qate:
Subdivider: t ;c , ; Completion Period: 2 years
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CL7, NIRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M.Shiu,Public Works Director Westernilio Housir ;, Ir�c �a �t�;rte,
Fay:
(print nam& ) _� SP�'
RECOMMENQF-D FOR APPRgVAL. Vice mi t''- Florward Planrdng'
By: ;a!{ taturer
Engineering Services rivision (print name&Ittle)
FORM APPR0VED Victor J.Wastman, County Counsel
(NOTE Alt signaturesto be acknowledged. itSubdiv€der Is incorporated,
pursuantio Cormustporatifons conorm trade§Wth 313.jesfgnsted representative groups
1 PARTIES E. Effective on the above date,the City of County of Contra Costa,California,hereinafterealled"Cou ,°and the
above-mentioned Sugoger mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,
signs, attest IIgf.its, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for'this subdivislon as reviewed and on file with the Contra Costa County Public Works department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"worts")within the above completion period from date
hereof as"required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings;made thereunder; and where there is a conflict between the improvement plans;and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENTS CE URITY. Upon;executing this agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance'Code,;provide as security to the County:
E A. For Per orrnance and rauarantaw $ 7 Obi 00 cash,plus additional security,in the amount of
S 7M.,U M which together total one hundred percent F100%)of the estimated cost of the work.' Such
additional security is presented in the form of
_X" Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement anti maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pavnaerlt: Security In the amount of$ 354.1U»OQ which is fifty percent(SO*%)of the estimated cost
of the work. Such security is presented In the form of.
Cash,certified check,or cashier's check
X' Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and uppon request of the Subdivider,the arnoun'
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Cole.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects In matetal or,
workmanship and shall perform satisfactorily for a period of one-year f€cern and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agreesto correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period dries not apply to road improvements for private roads which are not to be accepted into the County,road
system.
5, PLANT ESTABLISHMENT WORK Subdivider agrees to perform establishment work for landscapingg installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of ores-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County.
6.
IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised In,section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said Improvement plans prove to be inadequate In any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as.promised.
7. NO WAIVER BY C .- Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agent or errsployes of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shell not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless andindemnifythe indemnitees from the liabilities as defined in this section:
A. The Indemnities benefitted and protected by this promise are the County,and Its special district,elective and appointive
boards, commissions,officers,agents, and employees.'
B. The !abilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de rued below, and including personal injury,death,property damage, inverse condemnation,or any combination of
these,and`'regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and Including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims,
C. The actions causing Il ality are any actor omission(negligent or non-negligent)In connection with the matters covered by
this Agreement and attributable to the ubdivider, contractor,subcontractor, or any officer, agent,or employee of one or more of them;
D. on-Condltlons The promise'and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,'suppliscl,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other Indemnification covering any of these matters,or that the alleged damage resulted partly forrn any negligent orwrllful misconduct of
any Indemnity.
9. COM: Subdivider shall pay when due,all the costs of the work,Including inspections thereof and relocating existing utilities
required thereby,
10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11, NON-PERFORMANCE ANDCOSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or tails to I maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges Incurred by the County(Including,but not limited to:,engineering,inspection,
surveys,contract,'overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the Countyand its forces,Including contractors,in the event the
County proceeds to.complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider;agrees to pay all costs incurred by the County,even If
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs Incurred in completing or maintaining the
work,Subdivider agrees-to pay all attorney's-fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shail be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision,
:kvrtap
t3:lGi,pD.1\EWSvdTomis\AG WORMAG-30 dor
Rev.May 18,2001
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State of
100,
County of
On. ' before me
Flame and Titta of Officer{e.g.,"Jane Ooa,Notary Puniic")
personally appeared •, e
"#sme{s}of 5lgngr{a}
�ersoraily known to me -CSR- Q proved to a on the basis Of satisfactory evidence to be the person(s) whose
narne(s) s e subscribed to the within instrument and
ackncwledi kii to 'me the el elthey executed the same in
LISA1v.b ; is he /their authorized cape uity�ies�, and that by erlthair
re s) .on the instrument' the
comm. 14 persons}, or the „ itv upon
TARRY ,l � behalf' of which the person(s) acted, executed the instrument,
COMM CA TACt>t�►iiY
�+h ` jr. WITNESS my hand and official see].
Ignature of Nczrry Pubilc
PTIONAL
T,�ough the lnforrn7ation below is not required by law,lr may prove valuable to persons relying on Me document and could'prevent rh«udulart removal
and reattachment of this form tc another documenf.
Description of Attached-Document
Title or Type of Document
Document Date: Number of Pages;
Slgner�s) Other Than Named Above;
Capacity(ies) Claimed by Signer(s),
Signer's Name: Signer's Name:
Q Individual ❑ Indlvidua!
Q Corporate Officer ❑ corporate Officer
Q Titles($). Q Title(s):
Q Partner- 0 Limited General ❑ Partner-[] Limited Q Genera[
Q
Attorney-In-Fact ❑ Attorney-In-Fact
Q Trustee , -.''*i" ❑ Trustee
Q Guardian or Conservator Guardian or Conservator
Q Other: Top of-Thumb her$ Q Other: Top ofThurnb here
Signer Is Representing: Signer Is Representing:
WESTERN PACIFIC HOUSING,INC.
lkra Schuler Homes H oldco, .Inc.)
ulcers & Director List
As of September 9, 2005
Name Title
Horton,Donald R. Chairman of the iBoard
Tomnitz,Donald J. Vice Chairman,President&Chief Executive Officer
Fuller, SamuelR. Senior Executive Vice President
Wheat,Bill W. Executive'Vice President&Chief Financial Officer
Dwyer, Stacey H. Executive'Vice President&Treasurer
Noon,Thomas F. Executive'Vice President&Chief Operating Officer-Californi.
Chambers,Christopher J. Vice President of the Company&Region'President
Knapp,C. Evan Vice President of the Company&Region''President
Ambrosini, Richard P. Vice President of the Company&Division President
Brown,Glenn R. Vice President of the Company&Division President
Coop, Richard L. Vice President of the Company&Division President
Jaeger,R. Douglas Vice President of the Company&Division President
Luker, Jimmy Vice President of the Company&Division President
Frazier,Lisa Vice President,Financial Controller&Assistant Treasurer
Blake, James R. Vice President of Marketing
Boden,'Scott Vice President&Division Controller
Brandon,Larry E. Vice President of Land Development
Brown, Lloyd Vice President&Customer Service
Brawn,Glenn< Vice President
Clark, M. Scott Vice President of Construction
Cale, Gregory G. Vice President of Operations
Comber,Thomas W. Vice President&Director of Operations
Eggleston,R.Dale Vice President
Fleming,Joan L. ' Vice President
Frank, Jason Vice President of the Company
Gillett,Jim Vice President&Division.Controller
Hoban, Joe Vice President of Sales,&Marketing
Hodges,Greg D. Vice President of Land Acquisition
Kellerman,Kenneth Vice President of Sales and Marketing
Last Printed/Updated 9/27/2005,4:35 PM
CADocuments and Settin98\9m=ti9q=al Settmgs%*VbAfif lntemet FileslbLK1\0flicer Lias-L Weldon,WPH Inc
Name Title
Koeblitz,Robert Vice President
Krause,Kellee Vice President&Customer Service
Ledsam, Douglas G. Vice President of Land Acquisition
Lemke,Mike Vice President of Operations&Purchasing
Lopez,David Vice President of Sales &Marketing
Mayer,III,',William E. Vice President&Assistant Secretary
McCook,Thomas Vice President
Montoya,Deanna Vice President
Nakamura,Gail Vice President of Marketing
Olson,Ann Marie Vice President of Sales&Marketing
Reed, Brent Vice President Land Acquisition/Development
Selders,Robert Vice President of Forward Planning and Assistant Secretary
Stanicek,Chris Vice President&Division Controller
Wood, Linda Vice President of Sales
Wyman, Anthony J. Vice President
Porter, Debra Assistant Division Controller
Mills, Lori Assistant Vice President&Director of Escrow
Adorni,Mark Assistant Secretary&Sales Manager
Armstrong,Daniel Assistant Secretary&Directorof Purchasing
Baran,Janice Assistant Secretary
Blum, Sherrie Assistant Secretary&Escrow Coordinator'
Buchschacher, Paul W. Assistant Secretary
Cleveland, Andrea S. Assistant Secretary
Cole,Kimberly C. Assistant Secretary
Doughlin Michael Assistant Secretary&Director of Purchasing
Evans,Dick Assistant Secretary&Director of Customer Service
Harbour,Ted I. Assistant Secretary
Hendrickson, Cathy Assistant Secretary
Hewitt,Bruce Assistant Secretary&Director of Purchasing
Hudspeth,Dennis D. Assistant Secretary&Director of Construction and Purchasing
Hunter-Perkins,Paula Assistant Secretary
Karnes, Robert M. Assistant Secretary
Liu, Sipei Assistant Secretary&Division Controller
Lyttle,Diane Assistant Secretary&Director of Customer Service
Maxwell,Danielle A. Assistant Secretary and Manager of Purchasing
Montano,Thomas B. Assistant Secretary
Morice,David T. Assistant Secretary,.
Murakani,Barbara M. Assistant Secretary and Director of Forward Planning
Myhre,Jon Assistant Secretary
Perison, Stephan P. Assistant Secretary
Perez,Edward R. Assistant Secretary
Last Printed/Updated 9/27/2005,4.35 PM
C:\Doements and Settings\gmcurtis\Loeal Settings pb Internet Files\OLKI\Officer Lists-L Weldon,WPH Inc
Name Title
Solorio, Venice Assistant Secretary&Escrow Coordinator
Vuylsteke,Norman Assistant Secretary&Division Controller
Wagemann,Michael T. Assistant Secretary&Construction Area Manager
Wiser, Caryn Assistant Secretary&Director of Customer Service
Young,Julie R. Assistant Secretary&Closing Coordinator
Last Printed/UPdated 9/27/2005,4:35 PM
CADocuments and Settings\gmcurtis\Local Settings tom§Interna Files44L YMO fiver Lists-L, Weldon,WPH Inc
The undersigned hereby certifies as follows:
1. He is a duty elected, qualified and acting Assistant:Secretary of Western Pacific
Homing,I=. a Delaware corporation(the"Company"),is familiarwith the facts herein certified
and is duly authorized to certify the same.
2. The fvllowinngis atrue,correct and complete copy ofresolutions related to the.subject
matter,as adapted by the 'Consent of Sole Director of the Company dated May 31, 2005 (the
"Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full
force and effect as of the date hereof
Ewaka of Vias hSAWMI Of Forward Planning and AsdMW gecretu=
RESOLVED, that Robert Selders is hereby electedto the office of Vice
President and Assistant Secretary(the"Vice Presi(knt")in the North Bay Division
(the "Division") to serve until the nad annual meeting of the directors of the
Company and until his.successor is duly elected and qualified or until his earlier
death,resignation or removal.
RESOLVED FURTHER,that the Vice President is hereby authorized on
behalf of(i)the Company,{ii)any partnerships of which the Company is a general
Partner, manager or agent, and (iii) any limited liability company of which the
Company isamember,menage'oragent(colleeavely,'the"Entities ltosigh,modify
and terminate, from time to time as he deems it to be in the best interest of the
Entities,homeowner association documents,CC&Rs,subdivision agreements,utility
agreements, condominium plans,all agency applications relating to development,
consttinction contracts, purchase orders, affordable housing agreements, security
bonds,consultant agreements,final maps perm ts,engineering agreements and other
similar or equivalent agreements or documents fcir the Division relating to the
business of the Entities.
IN WrMSS WHEREOF,the undersigned has set his hand on the 6*day of June,2005.
Paul W Buchschacher,
Assistant Secretary
U.'V73WALn m wPH&cwS.mo&C0AStimed
c,ERTwiCATE OF ASSISTANTS CRIAR'Y
The undersigned hereby certifies as follows:'
1. He is a''duly elected, qualified and acting Assistant Secretary of Schuler Homes of
California,Inc.,`a California corporation(the"Company"),is familiar with the facts herein certified
and is duly authorized to certify the same.
2 The following is a true,correct and complete copy ofresolutiions related to the subject
matter as adopted by the Consent of Sole Director of the Company dated February 14, 2005 (the
"Resolution")- The•Resolution has not been amended,rescinded or modified and remain in full force
and effect as of the date hereof,
Election of Vice President and Division President
RESOLVED, that Richard P. Ambrosini is hereby elected to the office of
Vice President ofthe Company and Division President(the"Division President")of
the Company's North Bay!Sacramento Division(the'"Division"),to serve until the
next annual meeting of the directors of the Company and until his successor is duly
elected and qualified or until his earlier death,resignation or removal.
RESOLVED FURTHER,that the Division President is hereby authorized
and empowered,in the Division and in the name and on behalf of(A)the Company,
(B)anypartnership ofwhich the Company is a general partner,manager or agent,and
(C) any limited liability company of which the Company is a member, manager or
agent (collectively the"Entities") (i) subject to written approval by any one of the
following officers of the Company: (a) Chairman of the Board, (b) President, (c)'
Senior Executive Vice President, (d) Executive Vice President or (e) the Region
President of the Division (the °Approving Officers"), to execute and deliver
contracts, agreements and ether documents and instruments for the purchase of real
property, and any improvements for appurtenances constructed thereon or affixed
thereto, or any interest therein, including without limitation any right-of-way,
easement,leasehold or other tangible or intangible property,right or interest,and any
personal property relating or incident thereto,(ii) subject to written approval by any
one of the Approving Officers,to execute and deliver contracts,agreements, deeds,
conveyances or other obligations of the Entities, closing statements and other
documents and instruments for the sale ofimproved or unimproved real property,or
any interest or right therein,'owned,leased or otherwise controlled bythe Entities and
(iii)to execute and deliver office and model home leases and such other agreements,
instruments or documents as the Approving Officers shall direct.
RESOLVED FURTHER, that in connection with the management of the
Entities'business,the Division President is hereby authorized and empowered,in the
name and on behalf of the Entities in the Division, to execute and deliver (i)
contracts, agreements and ether documents and instruments for the subdivision,
development and/or improvement of real property, (ii) home sales contracts, sales
person employment agreements and similar or equivalent agreements,documents or
instruments and (iii) personal property leases for, among other things, office
equipment and construction trailers.
RESOLVED FURTHER, that in connection with the management of the
Entities' business in the Division, the Division President shall be authorized and
empowered,in the name and on behalf of the Entities in the Division,to execute and
deliver any and all documents and instruments necessary to sell and convey title to
single-family homes.
IN WITNESS WHEREOF,the undersigned has set his hand on the2l day ofApril,2005.
Paul W. Duchschacher,
Assistant Secretary
U:\J'I'fiWAL'WiiitShlrHoi=CA�O5Apr2l-CQAS.wpci
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINET CALIFORNIA44,
ORGANIZATIONNUM R
I
(For Cash Collection Prccsdares see County A+dminWrotor's Bulletin 105.)
r. DESCRIPTIO! FUND/OR SUB TALC' OPTION ACTNITY AMOUNT
j ACCT.
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EXPLANATION: TOTAL $ t
DEPOSIT, }
Deposit consists cf the foliowinit items
COIN and CURRENCi'"�$
CHECKS,M,O�ETC $
BANK DEPOSITS $'
FOR AUD(fOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT
NUMBER }
DATE
ASSIGNEDThe amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Tirtasury. admow&tdged
lie
Dat '
! pec. .. > Signed-
Tit
igned TitEXT. _ t•.i+_1 +/ Deputy County Auditor Deputy Coiirity Treasurer
D-34 REV.{7-43}
0649-9665 ! 122300• G1189274, $8.343.57,' MS O4-00012, Plan Check,
Oscar Alejandro Salazar, 2697 St. Germain Place, Concord, CA 94521
0649-9665 1 112300: G1189283, $500.00, MS O4-0029, COA Compliance
Check, Karen & Ray Shaffer, Pa Box 232, Knightsen, CA 94548
0649-9665 / '112300: G1189284, $10.940.0t?, RA 05-1204, Landscaping
Improvement Inspection, Western Pacific Housing, 301 Commerce Street,
Suite 500, Fort Worth, TX 76102
0649-9665 / 212300• G1189286, $36.1568.00, Sb 03-8710, Landscape
Inspection, Western Pacific Housing, 301 Commerce Street, Suite 5030, Fort
Worth, TX 76202
050030, Landscape
Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort
Worth, TX 76102
0649-9665 / 112300: G1189288, DP 04-3015, Jasraj''' Singh, 2706 E.
Trefallas Rd., Antioch, CA 94509
$50CIt00, Plan Check Deposit,
$5;:45$.50, Inspection
829300-0800. 6118269, $4,521.00, SD 03-8710, Performance Cash Bona,
Western Pacific Housing, 301 Commerce Street, Suite 500, Fart Worth, TX
76102
819800-0800. 6118270, $7�09�6.Q0, PA 05-0030, Performance. Cash Bond,
Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX
76102
819800-0800. G118271, $1,305.00, RA 05-1204, , Performance Cash Bond,
Western Pacific Housing, 301 Commerce Street, Suite 504, Fort Worth, TX
76102
Subdivision. Ravenswood Subdivision#8710
Band No.. SU5016366
Premium: $7,025.00
YMPIRt7YENIENfi SECLWTY BOND
FoR MLic RIGHT of AY LANDscAPE AGREE NT
(Performance,Guarantee, and Payment)
(California Government code Sections 66462 and 66463)
1.
RgcrrALoF%&Divism Ag L�M,�: 'I ncipal has executed an agreement with,the Courxty to install
and ply for public right of way landscaping, and caber related improvements in Subdivision
871b R nD=Qd, as specified 'in the ubdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with Mate and local laws and rulings thereunder in order to satisfy conditions
for fUing of the Final leap or Parcel Map for said Subdivision.
2. ()—gUGAILQN: Westem Pacific Hous"n Inc. ,asPr�' and
Arch Insurance Company ,a corporation organized existing under the laws
of the State of MQ: ,and authorized to transact surety business in California,
as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Perfarniance and Guarantee: Seven Hundred Two Thousand Five Hundred Four Dollars and 00/100
Dollars($ 702,004.00 )for itself or,any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Three Hundred Fft Four Thousand Eight Hundred Dollars,,and 00/100,,
Dollars($ 354,$00.00 )to secure the claims to which reference is rude in Title
XV (commencing with Section 3182) of Part 4 of Division III of the Civil code of the State of
California.
3. GUx '
A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,'
his or its heirs,executors,administrators,successors or assigns, shall in all things stand to 7and abide
by, and well and truly keep and perform the :covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time'and in the manner therein.;specified, and in all respects according to their true,
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city_
assignee),its officers,'agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with inspect to such
work or labor,that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will,gay, in addition to the fact amount
thereof,''costs and reasonable expenses'and fees, including'reasonable attorney's fees, incurred by
County(or city assignee)in successfully enforcing such obligation, to be awarded and wed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing.with Section
3082) of Part 4 of Division.3 of the Civil.Code, so as to give'a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2829, and holds itself bound without regard
to and independently;of any action.against Principal whenever taken.
SIGNED AND SEALED on September 28, 2005
PRINCIPAL:Western Pacific Housing, Inc, SURETY: Arch Insurance Company
Address: 1210 Central Boulevard Address: 135 N Los Robles#8
City: Brentwood Zip..,94513 City: nae
Val): 91101
By; AZ-14,d.31
By:
Print Naive: ' �"^���'s Print Name: mise Taylor
Title: ,s, ' � 7 A l` Title; Attorney-in-Fact
ft W14,1OF FLORIDA
'r DRIM OM
wsi\�s�#F,\OtpnAtve s m.\sxwoRD%N-12aaoe
�+r 7Ei,a •fit SNL EJIFiIEI `(813)281..E
::..:3 l:.3N:3N INiNN3:NNN iNNNEi3 NNNNN: ::eE'f
... ..i'N:YN::INAuuN:l i,-::•
.......... ..__ :5N@!:' ..gi�':'N`�NEy .h
.. 1,41. 1. '3; 31i '}1111' 511E tiE: 33t g:: M .:N4 NIIEf ..NM itN n11N. N:N'"N33N;": i1NN 53reh;N4"NNl-:N3INIIY
STATE>OF Florida
SS.
COUNTY OF Hillsborough
On September 28, 2005 before me, Margaret A. G'nem
PERSONALLY APPEARED Denise Taylor
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
"capacity(ies),`and that by his/her/their,signature(s) on the
instrument the person(s), or the entity upon behalf of which
the person(s) acted,executed the instrument. GFF#"lAL SEAL
p MARGAFRIET A, INE
(Votary l�ubfi,:State of Florida
63
WITNESS my hand and official seal. Corr ri, ulM 8,20
GocttrT,.',�xr, .tan.8,2007
Signature This area for Official Notarial Scal
Margaret' . Ginem
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form:
CAPACITY CLAIMED BY SIGNERDESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
GENERAL
® ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME Of'PERSON(S)OR ENTITY(IES)
Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE
tD-aa,Rev.6194 ALL-PURPOSE ACKNOWLEDGEMENT
In Testimony Whereof, the Company has caused this'instrument to be signed and its corporate seat t6'be,affixed by their
autnorized officers,this 26th day of; October '2004
Arch insurance Company
Attested and Certified
reg,once C'
a
b Shit
1971
Joseph S.LEW1, Corporate secretary Thomas P. Luckstone, Vice President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD Ss
Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S.Labeil personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company. a Corporation organized and existing under the taws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledgedthat they being thereunto duty
authorized signed, sealed with the corporate seat and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and,purposes therein set forth.
OFFEAL
MEUISSA 8 C1t�l Nota PUW
StaN,of -*c Melfssa , Giiiigan, Notary Public
MY Cselon ,2005 My commission expires 2-28-05
CERTIFICATION
i, Joseph S. Labels, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated October 26 2004 on behalf of the person(s)as listed above is a true and correct copy and that
the same has been in full farce and effect since the date thereof and is in full force and effect on the date of this certificate;
and I'do further certify that the said Thomas P.Luckstone, who executed the Power of Attorney as Vice President,was on
the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch insurance Company.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my,name and affixed the;corporete seal of the Arch Insurance
Company on this 28th day of September 20 05
Joseph S ell, Corporate Secretary
- :T Attorney limits the acts of those named therein to the bonds and undertakings specifically Warned therein
and they have no authority to bind the Company'except'in the manner and to the extent herein stated.
atinc�,�
ten
�haarrl'
Home Office:Kansas City,MO
OOML:OO13 00 03 03
Page 2 of 2 Printed In U.S.A..
POWER OF ATTORNEY �.
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri,having its
principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint
Anett Cardinale, David H. Carr,James W. Dunn, Denise Taylor, Pamela Miller, Pamela L. Morgan and limberly A.
Tavernier of Tampa, FL(EACH)
Its true and lawful Attorney(s) in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and
on Its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office In Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board, the President, or any Vice President,or their appointees designated in writing
and filed-.with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in,fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond'executed pursuant to the
resolution adopted by the Board of Directors on March 3,'2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
OOML0013 00 03 03'.
Page 1 of 2 Printed in U.S.A.
33!is3 :F2N:iAESE3:3»:3n:x33:i:us:n::g6:d:a::n::v:aa::
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1 3 �. .. Nf :..11
ARCH Insurance Company ,ARCH Surety
NOTICE—DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch InsuranceCompany is the surety.
DISCLOSURE OF PREMIUM
The portion of ft premium attributable to coverage for terrorist arks certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERFlORISN!
LOSSES
The united States will Ray ninety percent(90%) of covered°>>terrorism losses exceeding
the applicable insurer deductible
C.AL.1F0R1 1AALL-PURPOSE ACKNOWLEDGEMENT
State of
County of �r��'�"�� �4c
On .. re r'r before mei
Name and 1 fie of officer(e.g.,".lane Dae,Notary Public'}
personally appeared
Name(s)of Signer(s)
ersonally known to me -OR- rolved to me elate of satisfactory evidence to be the persctt(s) those
name(s) a subscribed to the within instrument and
ffi sc ovule ged to M13 thelthey executed ' th �e in
rltheir authorized ca I�cjty(les), and that yer/their
ature(s) on the instrument the ;person(s), or th entity upon
�...
LISA t:1 behalf of which the person(s) acted, executed the instrument.
c3TA Pti�COMM � EMwlA wrrN ESS my hand and official seal.
CtTCOWy
A
}=7 00011�ir
�
Sig.-saturs of Notary Public
Z,
and
Lha'lrricmedon below is not required by law,it ma prove valuable to persons rretytr on the document and could prevent tr�udu1e rt m=vsf
and reattachment of this km to another c�ocument
Description oT.Atta-c-fiid Ncumehi
Title or Type of Document: .r' r-
, ^ e-►+r
Document Cafe: N ` r of Pa'
Signer(s)father Then blamed Above:
Capacity(les) Claimed by Signers)
Signees Name. Signer's Name:
❑ Individual Q individual
Q Corporate Cf'ricer C3 Corporate Omcer
0 Titles(s): F1 Title(s):
0 Partner- C] Limited F3 General [1 Partner-❑ Limited ❑ General
[-1 Attorney-in-Fact [I ,Attorney-in-Fact
0 Trustee � � Trustee
ED Guardian or Conservator . v [3 Guardian or Conservator
[. Gather. Top of humbhaMe � Other: Tap ofmumbMire
Signer is Representing: Signer is Representing:
1