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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-687 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted;this Resolution on October 25,2005 by the following vote: AYES: Gioia,Piepho,DeSanlnier,Glover and Uilkerna NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 05-01204' (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 Boardapproval this date' for RA 05-01204 (cross-reference Subdivision 03-08"710),'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: $1,305.00 Deposit made by: Western Pacific Housing, Inc.- Auditor's nc:Auditor's Deposit Permit No. and Date: 452460 October 6,2005 AH:nn I hereby certify that this is a true and correct copy of an G:\GrpDataysngsvctt ot2o05\10-25\RA 05-01204 so-ts.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of ' Contact. S.Gospodehikov(313-2316) Supervisors on the date shown, cc: Public Works- T.Bell,Construction Current Planning,Community Development ,r T—July,2007(P1) ATTESTED: 04 xG Y o i' Western Pacific Housing,Inc. ' 1210 Centml Blvd. JOHN SWEETEN,Clerk of the Board of Supervisors and Brentwood,CA 94513 County Adimnistrator Arch Insurance Company 135 N.Los Robles,##825 Pasadena,CA 91101 By � �� ,Deputy RESOLUTION NO.2005/ ,1 SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 05-012014 (cross-reference Subdivision 03-08710), being developed by Western Pacific` Mousing,Inc., a Delaware Corporation,Discovery Bay area. (District III) .DATE October 25, 2005 PAGE 11. Surety Bond Band Company: Arch.Insurance Company Band Number and Mate: SU5016367 September 28,2005 Performance Amount: $129,195.00 ` Labor;&Materials Amount: $62,250.00 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 Cade§66462 and§86463) Subdivision: Rmvrawnod Rte.05--mox; i (S)0:"- 7"10} Effective Date; Subdivider., Brifryc lbsstxg, The, Completion Period; 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO CO fiA COSTA COUNTY ' SUBDIVIDER: (Name and Title) Maurice M.Shiu,,Public Works Director stem Pacific [ ix , Inc. a Pg �Q=X tjccn By; {mature} (prior nema Mine): ertSaIders RiCCDM 1ENDl=D FC?Ft APPROVAL: Vice'President -� Forward Plaming By: Mara} Engineering Services ision (print nam tnia� FORM APPHOVED: Victor J.Westman,County Counsel (NOTE:All signatures to be acknowledged. It subdivider Is Incorporated, signatures must oantomr war the des grated representative groups pursuant to Corporations Code§313.) 1. PABJIES&DACE. Effective on the above date,the City of County of Contra Costa,Ca ifomia hereinafter died°Gou rpt ,"and the above-mentioned...Subd tft,mutually promise and agree as follows concerning thIs'subdivision: 2. IMPROVE MENTS. Subdivider agrees to Install certain road Improvements(both public and private),drainage Improvements, signs, suet li ts, fire by is, landscaping; and such other Improvements (including appurtenant equipment) as required in the Improvement p a for this subdivision as reviewed and on ftie with the Contra Costa County Public Works Department and in conformance with the Contra Costa County C3rdlnance Code(including future amendments thereto). Subdivider shall corn late said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the Catiomia Subdivision Map apt(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 tuiinggs made thereunder; and where there Is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. I_M�P . ti0 Ei gNT SECURr'TY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: For Perf§macho nd Gua,rantee: $1._ • h,plus additional security,in theamount of $.129219 .00 which together Mt one hundred percent(1000%)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 Subdivid er guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective wor cI manship or materials or any unsatisfactory performance. B. ForPavrnent security In the amount of$62,?SO.CO ,which isfifty percent(SWlo)ofthe estimated cost of the work. Such security is presented In the form of: Gash,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 ranting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material ar workmanshipand shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this a reement. Said ptant establishment work shall consist of adequately watering plants,replacing unsuitabie plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board'of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be Inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.' 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials,or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damae of any kind allegedly suffered,incurred or threatened because of actions-defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement pians or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities''and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to tate Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plans)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 forin any negligent be willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due, all the costs of the work,Including Inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors: 11. NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified'in this Agreement, and subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead, etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and Its forces,including contractors,in the event the County proceeds to complete and/or maintain 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;f Subdivider subsequently proceeds to complete the work. 12. INCORPORATIOWANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond;or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kwaep GAGrpDatetEngSvcTorms\AG WORMAG-30Adoc Rev.May 18.2001 .: .. ... ........:...7 ........ . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stats;of County of .-� •-� �"" i,,Y-- On :._` =tl tP — before rhe, Mame and Title of Officer{e:g.,°Jar€e Gree,Notary Public') personall appeared 7 Nane(a)cf Signer(a) personally known to me -OR- proved t .e on the basis of satisfactory evidence to be the person(s) ,vhoss name(s) sler subscribed to the 'within' instrument and a` owled�to me th he/ aithey executed the same in LISA L Fl� i5/h 1#heir authorized c city(ies), and that hi er/theirAP ftk ' COMM.#14 nature(s). on the Instrument the person(s), or th�>> upon; NOTARY PUBUC4X,IFORnJW behalf.of which the person(a) acted, executed the instrument. CONW OOSTA COU3 Y j = WITNESS my hand and official seal. 5ISArdurs of Notary P c 1 hough the inhoMation below is not requirs;by law,It May prove valuable te-persons relying on the document and could prevent f audulenf rvmc Val and reattachment of phis form to ancther document. - - - - -- - - - - ------------- . - - - - - . Description of Aftached Document Title or Type of Document: Document Date: number of Pages: Signers)Other Than Named Above: :Capacity(fes) Claimed by Signers) Signer's Marne: Signer's Name: Individual' ❑ Individual Corporate Officer Q Corporate Officer Titles(s): p Title(s): Partner- Q Limited Cerierai ❑ Partner-❑ Limited ❑ General Attorney-Irk-Fact ❑ attorney-in-Fact Trustee I M 11W e 701 ❑ Trustee Q Guardian or Conservator Guardian or Conservator . ,.. Other: Top of'rhumb are ❑ father: Tap of Thumb here Signer Is Representing: Signer is Representing: WESTERN PACIFIC HOUSING, INC. {f/kla Schuler Hames Holdco, Inc.) Officers & Director List As of September 9, 2005 Name Title Horton,Donald R. Chairman of the Board Tonitz,Donald J. Vice Chairman,President&Chief Executive Officer Fuller, Samuel R. 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 Brawn, Lloyd Vice President&Customer Service Brawn, Glenn Vice President Clark,M. Scott Vice'President of Construction Cole, 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 C:\Documents and Settings\gmourtis\Local Settings2fteplonfif Internet Files\OLK1\0fficer Lists-L Weldon,WPH"Inc ti 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, TIC,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 AssistantSecretary 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 Adorn, Mark Assistant Secretary&Sales Manager Armstrong,Daniel Assistant Secretary&Director'of Purchasing Baran, Janice Assistant Secretary Blum, Sherrie Assistant Secretary&Escrow Coordinator Buchschacher,Paul W. Assistant Secretary Cleveland,Andrea S. Assistant Secretary Cole, Kiunberly C. Assistant Secretary Doughlin,Michael Assistant Secretary&Director'of Purchasing Evans,Dick Assistant Secretary&Director of Customer'Service Harbour,Ted.L 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 Rtes,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 Murakar i, 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 CADocuments and Settings\gmcurtits\Local SettingsZoloafif Internet Files\0LKI\0fficer Lists-L Weldon,WPH Inc Name Title Solorio,Venice Assistant Secretary&Escrow Coordinator Vuylsteke,Norman Assistant Secretary&DivisionController Wagemann,Michael T. Assistant Secretary&Construction Area Manager Wiser, Caryn Assistant Secretary&Director of Customer Service Young,Julie R. Assistant Secretary&Closing Coordinator Last Pr ntedtUpdated 9/27/2005,4:35'PM C:\Doeuments and Settings\grncurtis\Local Sett ngsZ490;ibt Internet Files\OLKI\Officer Lists-L' Weldon,WPH Inc "RUMM OF AMU=SC:R T Ri The undersigned.hereby certifies as follows: 1. He is a duly elected., qualified ied and acting Assistant Secretary of Western Pacific Housing,Inc., a Delaware corporation(the"Company"),is familiar with the facts herein certified and is duly authorized to certify the same. 2. The follo ingisatrue,c correct and complete copy ofresolutons relatedtothe.subject. matter,as adopted by the'Conswt of Sole :Director of the Company dated May 31, 2€305 ',(the "Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in ffiffi force and effvzt as of the date hereof RESOLVED, that Robert Selders is hereby elected to the office of Vice President and.Assistant Secretary(the"Vice President")in the North Bay Division (the "Division') to serve untilthe nod 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 part€terships of iwbich the Company is a general partner, manager or 4,gent, and (iii) any limited liability'company of which the Companyisamember,manageroragent(collectively,tbe"Eantiticelto sign,modify and terminate, from time to time as he deems it to be in the best interest of the Entities,homeownera ociatio:ftdocume ,CC ,suMvisionagreements,utility apvesnents,condominium plans„ all agency applications relating to development, construction contracts, purchase orders, affordable Dousing marts, security bonds,consultant agreements,final maps,permits,engineering agreements and other similw or equivalent agreements or documents for the Division relating to the business of the Entities. IN WMESS WHEREOF,the undersigned has set his hand on the day of Jane,2005. Paul W.Butschacl , Assistant Secretary CERTIFICATE OF ASSISTANT SECRETARY 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 i s a true,correct and complete copy ofresolutions related to the subj ect 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 farce 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)'any partnership 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 other documents and instruments for the purchase of real property, ,and any improvements or 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 of improved or unimproved real property,'or any interest or right therein,owned,leased or otherwise controlled by the 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 other 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, 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 behalfof 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. 1N WITNESS WHEREOF,the undersigned has set his hand on the 21"day of April,2005. Paul W. Buchschacher, Assistant.Secretary U!UT'EWALT\Mii%ShirHomesGAl05Apr21-COAS.wpd ' OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA II ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin I o5) DESCRIPTION FUN©/ORG A rTASK OPTION ACTIVITY AMOUNT r• n $ .�' ....1 ... i�;Y}/,^��e•°' i••-�� � �i' .� � r ,•- I •� *. 4 i i i a i r i i - i i i i i i i i EXPLANATION: TOTAL $ i DEPOSIT i Deposit consists-of the following items COIN and CURRENCY``---,., CHECKS,M.0,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DP t t. -� '': DATE ASSIGNED The 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 Treasury. acknowledged Signetl4�,., t f'jf F F Signed; Signed Title,: /'S Y i .l EXT `;' 1-I J Deputy County Auditor Deputy Count Treasurer /- m ...� .... Y D-34 REV.(7-93) 0649-9665 ,/ 112300: 61189274, $8-343.57, MS 04-00012, Plan Check,' OscarAlejandro Salazar, 1697 St. Germain Place, Concord,CA 94521 0649-9665''/ 112300. 61189283, $500.00, MS O4-0019, COA Compliance: Check, Karen ,& Pay Shaffer, PO Box 232, Knightsen, CA 94548 IN RA 05-1204, Landscaping Improvement Inspection, Western Pacific Housing, 301 Commerce Street,' Suite 500, Fart Worth, TX 76102 0649-9665 / 1123061: 61189286, $36.668.03, Sb 03-8710, 'Landscape` Inspection,,Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 0649-9665 / 11236161: 61189287, $57268.00, PA 05-0030, 'Landscape Inspection,'Western Pacific Housing, 301 Commerce Street, Suite 500, Fort'' Worth, TX 76102 0649-9665 / 112300: 61189288, DP 04-3015, Jasra j Singh, 2706 F. Trefallas Rd., Antioch, CA 94509 $500.00, Plan Check Deposit, $5.458.56?, Inspection 819800-0840: 6118269, $4.521.00, SD 03-87103, Performance Cash Bond, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX' 76102 8198013-0800: 0118270, $7,096. PA 05-0030, Performance Cash Bond; Western Pacific Housing, 301 Commerce Street, Suite'500, Fort Worth, TX 76102 829840-08061: 6118271, $1;.,305.00, RA 05-1204 , Performance Cash Bond,' Western Pacific Housing, 3031 Commerce Street, Suite'500,-=Fort Worth, TX 76102 Subdivision: Ravenswood Subdivision#8710 Bond No.: SU50163¢7 Premium: $1,292.00 IMFRQVE SEI' T SEC=uRrrY BOND FoR'Punic RIGHT op WAY LANDSCAPE AGREEmENT' (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RFM:A_L QF SUDIVISTON AGREEMF 'i: The Principal has executed an agreement'.with the County to install and pay for public right of way landscaping, and other related improverxcnts in Subdivision 8719 Ravenswood as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OB IGATiom Western Pacific Houstng, Inc. r as Principal, Arch Insurance CornpaU ,:a corporationorganized existing under the laws of the State of _ _ MCS ,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. P+erformanee and Guarantee: one Hundred Twenty Nide Thousand one Hundred Ninety Five Dollars and 001100 Dollars($129,195.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Sixty Two Thousand Two Hundred Fifty Dollars-and 00/1!00 Dollars $ 62,250.00 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. . CoNn1 YlcritT: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns,shall in all things stand to and abide` by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the planner 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 mull 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 t erefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be 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 mmn and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fiimished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition tothe fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation.,;;to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly 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 2819, and holds itself bound without regard to and independently of any,action against Principal whenever taken. SIGNED AND SEALED on September 28 2005 FBINCIPAL•Western Pacific Housing, Inc. SURETY: Arch Insurance Company Address: 1210 Central Boulevard Address: 135 N Los Robles#$25 City: Brentwood; Zip: 94513 City:P a4Tay 101 By: �.L-k'r" ' f p By: Print Name: Print�� '��5 Print Nie: Wise Title: _ "" � : p Title: Attorney-in-Fact Cho WILLIS OF FLORIDA 3000'IMPORT DRIM AM �vvsi\s ATAu�nsa�s��\T«m\BN W�n\Bx 12n.dw TAMPA,FL 8 � tNQINQUIRIES:({8133}) 281-2095 1 ... .. ..... .... ... .... ..... .... :..... .:... .... .....f:.....,,.......:..,.. �.. �L...c E..::.:Ea.......s. .........s......E......E...........a ....nXt......F......+.gw.:x..:Aph:.x-e1�.. `".7EP:i .::ENHF;i;i�::. EE`1'�IIE,4":,`:EE,^i�4 '�a:xPlN:x:::ari1H :oE151! 1 P!ln.. 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 Kimberly A. Tavernier'.of Tampa, FL(EACH) Its true and lawful Attorneys}in-Fact,to make, execute, seal, 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:b6ad 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: "VO'T'ED, That the Chairmanof the Board, the President, or any Vice President, or their appointees designated in writing and flied 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 seat 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, seated 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 tiled with the Secretary, and the'signature of the Secretary, the seal 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, seated and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed'In U.S.A. in Testimony Whereof, the Company has caused thisinstrument to be signed and its corporate seal to-be affixed by their authorized officers,this 26th day of October 20 04 ; Arch Insurance Company Attested and Certified SVranca o� cnerowrE tMl SEAL L t97, t lrltibYtl "%�_J// �.:d� CGY.1L r Gy� Joseph S. L 1,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas;P. Luckstone and Joseph S.Labell.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 laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally,acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal 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. OFFICIAL SEAL Mi LISuA B.C,Ii1 I(aMI,'Notary Public State ofCannecticvt Melissa B.Gilligan, Notary Public My COmmion E>ces February 28.20135 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Label, 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 force and effect since the date thereof and is in full force and effect on the date of this certificate; " and 1 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, I have hereunto subscribed my name and affixed the corporate seal of the Arch 'Insurance Company on this 28th day of September 20 05 Joseph S eli, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. �snea im �INNII Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State Of County of On /e- ar „�"'- before me, , r ` �. '- r ,� ,r -�► , rilarne'and T;tia o4 officer(e.g.,"Jane Oce,Notarf Public-1 personally appeared t ems'` mels of Signers) rsonally knotwn to me -OR- ❑ owed to neo th basis of satisfactory evidence to be the person(s) whcss name s) s�"a subscribed to the within instrument and a owledgWd to me that a eithey executed the same in �VL. is/ rltheir authorized cap c ttyy�(ies), and that fey ll /their V-ttA � �!425396 gnature(s) o'n the; Instrument the person{s), or.th��uPon 140T RYPUBEIC-CAF .� behalf of which the person(s) acted, executed'.the instrument. COSIA go.2W MY WW irViTIaESS my hand and official seal. gnatuura of Notary Public OPT1t�NAL- Though tha intormation below is n a t f qutrad by taw,ft may prave valuatto to persons retying an the document and cauld prevent rruduler, ran avaI and reattachrnent at this form to anather'dacvmen>r Description ot.Attac * Document Title or Type at Docu Document Date: sr of Page . Signers)Other Than Named Above: Capacity( es) Claimed by Signer(s) Signer's Name: Signers Name: Individual ❑ Individual Corporate Officer Q Corporate Officer [. Tltles{s): ❑ Title(s): Partner- 0 Limited ❑ General ❑ Partner-0 Limited ❑ General El Attorney-in-Fact ❑ Attorney-in-Fact [] Trustee �. ( Trustee El Guardian or Conservator Q- Q Guardian or Conservator t 171 Other: Top of-Thumb hem u Other: Top dThumbhere Signer Is Representing: Signer Is Representing: 1 STATE OF Florida SS. COUNTY OF Hillsborough On September 28, 2005 before me, Margaret A. Ginem PERSONALLY APPEARED Denise Taylor personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose names)"is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacty(ies) and that by his/her/their;signature(s) on the instrument the person(s), or the entity upon behalf of which OFMCIALSEAL person(s)acted,executed the instrument. MARGARET A.r'iN� the P Notary Pcibh 5:ate a`Florida Comm DD 176663 WITNESS my hand and official seal CommExp.Jan,B 2007 Signature This area for Official Notarial Seal Margaret . Ginem OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE 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 PERSONS)OR ENTITY{iES) Arch Insurance Company: SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6194 ALL-PURPOSE ACKNOWLEDGEMENT' ARCH Insurance Company ARCH Surety NOTICE — DISCLOSUREOF TERRORISM PREMIUM Its accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company Is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF"FEDERAL.PARTICIPATION'IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible.