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HomeMy WebLinkAboutMINUTES - 09132005 - C25 dr TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR � DATE: September 13,2005 SUBJECT: Approving the Construction Road Maintenance Agreement for Point of Timber Road and portions of Byron Highway, State Route 4, Sellers Avenue,Marsh Creek Road, and Camino Diablo (Haul Route), Subdivision 03-08710,Discovery Bay area. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND NSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/Z(X for Subdivision 03-08710, approving the Construction Road Maintenance Agreement for Point of Timber Road and portions of Byron Highway,State Route 4,Sellers Avenue,Marsh Creek Road,, and Camino Diablo(Haul Route), for project being developed by Western Pacific Housing,Inc.,Discovery Bay area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 03-08710 is required to execute bonded CRMA per Condition of Approval#109 to maintain specified haul route to a convenient,passable condition throughout construction period. CONSEQUENCES OF NEGATIVE ACTION: The haul route will not be maintained. Continued on Attachment: ✓. SIGNATURE: _#---#RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE c.,-APPROVE OTHER r 0 SIGNATURES ACTION OF BrD ON G vvrs y 049 APPROVED AS RECOMMENDED Jr OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS 1001 minutes of the Board of Supervisors on the , X UNANIMOUS(ABSENT 0��� date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED:c!;r4Vr• Aup� Originator: Public Works(ES) JOHN SWEETEfi, Clerk of the Board of Contact: S.Gospodchikov(313-2316) Supervisors and County Administrator AH:rm G:\GrpData\EngSvc\B0\2005\09-13\.SD 03-08710 BO-15.doc cc: Public Works-T.Bell,Construction Current Planning,Community Development Western Pacific Housing,Inc. 1210 Central Blvd By ZIFOAt Deputy Brentwood,CA 94513 Attn:Reed Onate Safeco Inswance Co.of America 3000 Bayport Dr.,Ste 300 Tampa,FL 33607 Atte:Kimberly Tavernier THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13,2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ �G8 SUBJECT: Approving the Construction Road Maintenance Agreement for Point of Timber Road and portions of Byron Highway, State Route 4, Sellers Avenue,Marsh Creek Road, and Camino Diablo (Haul Route), Subdivision 03-08710, being developed by Western Pacific Housing, Inc.,Discovery Bay area. (District II ) The following document was presented for Board approval for Point of Timber Road and portions of Byron Highway,State Route 4,Sellers Avenue,Marsh Creek Road,and Camino Diablo (Haul Route), Subdivision 03-08710, property located in the Discovery Bay area, Supervisorial District III. A Construction Road Maintenance Agreement with Western Pacific Housing,Inc.,principal, whereby said principal agrees to maintain specified Haul Route in a convenient,passable condition throughout the construction period until all necessary repairs to the Haul Route have been completed and accepted by the County. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact S.Gospodchikov(313-2316) AH:rm G:\GrpData\EngSvc\B0\2005W9-13\.SD 03-08710 BO-15.doc ATTESTED,---- /�Z� a/ /•�cc: Public Works-T.Bell,Constructioni Current Planning,Community Development JOHN SWEETE9, Clerk of the Board of Supervisors and Western Pacific Housing,Inc. 1210 Central Blvd County Administrator Brentwood,CA 94513 Attn:Reed Orate Safeco Insurance Co.of America 3000 Bayport Dr.,Ste 300 Tampa,FL 33607 Attn:Kimberly Tavernier By ,Deputy RESOLUTION NO.2005/'�'�ad SUBJECT: Approving the Construction Road Maintenance Agreement for Point of Timber Road and portions of Byron Highway, State Route 4, Sellers Avenue,Marsh Creek Road,, and Camino Diablo (Haul Route), Subdivision 03-08710,being developed by Western Pacific Housing,Inc.,Discovery Bay area. (District II) DATE: September 13, 2005 PAGE: 2 I. Cash Bond Performance Amount: $15,000.00 Auditor's Deposit Permit No. DP 436762 Date: December 28, 2004 Submitted by: Western Pacific Housing, Inc. Taxpayer identification number: 95-4887164 111. Surety Bond Bond Company: Safeco Insurance Co. of America Bond Number and Date: 6301789 February 3, 2005 Performance Amount: $3,554,000.00 Labor&Materials Amount: $3,554,000.00 Principal: Western Pacific Housing, Inc. NOW,THEREFORE,,ITIS RESOLVED that said construction road maintenance agreement is APPROVED. All deposit permits are on file with the Public Works Department. 01 po d&;014rmw 6*4 60 r CONSTRUCTION ROAD MAINTENANCE AGREEMENT Development: Ravenswood Road: Point of Timber.Road and ortiows Subdivision#8710 of B Hi hg__wav,State Route 4,Sellers Avenues Marsh Creek Rsaad and Camino Diablo Developer: Western Pacific.Housing, Period:Maintenance Until Ten-ninationof Fill Inc.,a Delaware corporation TrangWrt on Haul Route,Acceptance bX County of Maintenance and Repairs to.Haul Route As Complete,and Release of Bond(s)-or.other Securitv b y Countx Effective Date: Janua.Lryl,2005 1. PARTEE&.&DATE..Effective on the above date,the.County of Contra.Costa,California, hereinafter called" ours "and the above-named Devel mutually promise and agree as follows concerning this development. 2s, PURPOSE.. Condition of Approval("'COX') 109 for Subdivision 87 10,known as Ravenswood("Project"),requires the Developer to execute a bonded Construction Road Maintenance Agreement("Agreement's assuring the County that the specified project haul route will be maintained in a convenient passable condition throughout the construction period. The haul route, as depicted on Exhibit A attached hereto.,,begins.on Camino Diablo,approximately 200 feet west of the intersection at North Vasco Road,at the point identified on Exhibit A as "Approximate Location of Borrow Site,"and continues west on Camino Diablo to Marsh Creek Road,north and east on Marsh Creek Road to Sellers.Avenue,north on Sellers.Avenue to.State Route 4,east on State Route 4 to Byron Highway,north on Byron Highway to Pont of Timber Road,and east on Point of Timber Road to its.terminus at the Project Site(hereinafter"Haul Route"). The bond shall be provided prior to the approval of the grading permit for the Project and remain in effect until(1)the transport of fill to the Project has terminated,(2)the Public Works Director determines that the condition of the Haul Route is satisfactory;.and(3)all maintenance and repairs to the Haul Route have been accepted by County as complete,at which time the bond shall be released. In order to satisfy this condition with respect to the Haul Route, Developer shall maintain the Haul Route as set forth in this Agreement. 3. TERM. The term of this Agreement shall be from the effective date until the County has accepted all repairs and maintenance to the Haul Route as complete and the bonds and other security has been released by the County. I 4. MAINTENANCE WARRANTY. During the term of this Agreement,Developer shall have the sole obligation to maintain the Haul Route and the sole liability for the condition of the Haul Route and the County shall have no obligation to maintain the Haul Route and no liability for the condition of the Haul Route. Developer warrants that the Haul Route will be maintained in a convenient,passable condition pursuant to COA 109 of Subdivision 8710. Developer hereby assumes all County road maintenance and repair obligations necessary for the Haul Route during the term of this Agreement. Developer further warrants that the Haul Route shall be maintained in a satisfactory condition as determined by the Director of Public.Works.. The Director of the Public Works Department,in his or her discretion,will determine if the road is being maintained in a convenient,passable condition and if necessary,will use the bond proceeds and additional security provided to satisfy this condition. 5. MARfTENANCM SECiTRITY—.BONDS. On or before the date the Contra Costa County Board of Supervisors approves and authorizes execution of this Agreement,Developer shall deposit as security with the County: Cash Bond: $15,000.00. Additional Security: $3,554,000.00,to secure performance of maintenance and repairs to the Haul Route,including,if necessary,an overlay of the Haul Route.. Such additional security shall be presented in the form of(1)cash,certified check or cashier's.check;(2) corporate surety bond acceptable to the Public Works Director;or(3)irrevocable letter.of credit acceptable to the Public Works Director. 6. NQ WAIVER BY.COUNTY. Neither inspection of the maintenance work and/or materials,nor approval of the maintenance work and/or materials inspected,,nor statement by any officer,,agent or employee of the County indicating that the maintenance work or any part thereof complies with the requirements of this Agreement,nor acceptance of the whole or any part of said maintenance work and/or materials,nor payments therefor,nor any combination or all of these acts,nor any other communication or conduct of the County other than a formal written amendment of this Agreement or acceptance of all required maintenance and repair work and termination of this Agreement in accordance with Section 4 herein,shall relieve the.Developer of its obligation to fulfill this Agreement as prescribed;nor shall the County be estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNIEFICA Developer shall indemnify,defend,save,protect and hold harmless County,its governing body,elective and appointed boards,and commissioners, officers,employees,representatives and agents("Indemnitees' from any and all demands, losses,,claims,costs,suits, liabilities and expenses for any damages,injury or death(collectively "Liability" arising directly or indirectly from or connected with the matters covered by this Agreement which is caused,or claimed or alleged to be caused,in whole or in part,,by the acts, omissions,negligent conduct or willful misconduct of the Developer,its officers, employees, .agents,contractors,subcontractors,or any person under its direction or control and will make 2 good to and reimburse Indemnitees for any expenditures,including reasonable attorney's fees, the Indemnitees may make by reason of such matters and,if requested by any of the Indemnitees, will defend any such suits at the sole cost and expense of Developer. This indemnification clause shall survive the termination or expiration of this Agreement. The Developer's obligations under this section shall exist regardless of whether any Indemnitees have prepared,supplied or approved any plan(s)or specification(s)in connection with the'improvements or development which are the subject of this Agreement,or has insurance or other indemnification covering any of these matters. Notwithstanding the foregoing,Developer shall not be required to indemnify Indemxutees for a liability which a court determines is attributable to the sole negligence or sole willful misconduct of the Indemnitees. 8. COSTS. Developer shall pay or have paid,when due, all the costs of the work to maintain the Haul Route pursuant to Section 4 herein. 9, NON-PERFORMANCE AND.COSTS. During the maintenance period specified at the beginning of this Agreement,if Developer.fails to maintain the Haul Route to the standard - required by the Public Works Department,County may proceed to maintain the Haul Route by contract or otherwise and Developer shall pay the costs and charges therefor'immediately.upon demand. Alternatively,County may use any or all of the security described in Section 5 to cover the cost of County maintaining the Haul Route in which case immediately upon demand, Developer shall restore the security to the original amount. If County sues to compel performance of this Agreement or to recover the cost of maintaining the Haul Route,Developer shall pay all reasonable attorneys' fees,costs of suit and all other expenses of litigation incurred by County in connection therewith. 100 ASSIGNMENT. Developer shall not assign its rights and obligations under this Agreement without the prior,written consent of County. With that lim3itation,this Agreement shall inure to the benefit of aiad shall be binding upon the parties to this Agreement and their respective heirs,successors,and assigns. If,before the completion of the maintenance period the Project is annexed to a city,,County may assign to that city the County's rights under this Agreement and any deposit or bond securing them. 11" LABOR&MATERIALS., TY. Developer further warrants that the claim and liens of all persons,contractors,and subcontractors famishing labor or materials for the maintenance of the Haul Route have been satisfied. Developer agrees to satisfy any valid claims or liens of labor and materialmen as to the maintenance and repair of the Haul Route appearing hereafter upon demand by the County. 12. CALIFORNIA LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Contra Costa County,California. 3 13. Z NTATION BY COUNSEL. The parties hereto each acknowledge that they have been represented in the negotiations for, and in the preparation of,this Agreement by counsel of their own choosing;that they have read this Agreement or have had.it read to them by their counsel; and that they are fully aware of and understand its contents and its legal effect.. Accordingly,this Agreement shall not be construed against any party,and the usual rule of construction that an Agreement is construed against the party.which drafted it shall not apply. 14. C This Agreement maybe executed in as many counterparts as maybe necessary or convenient,and by the different parties.hereto on separate counterparts,each of which,when so executed,shall be deemed.an original, and all such counterparts shalt constitute onee and the same instrutnent. I5. SEVERABILITY. If any term,condition or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction,the remaining terms, conditions and provisions shall nevertheless.remain in full force or effect. 16. COOPER.ATION. The parties hereto shall reasonably cooperate with each other to fulfill the terms and conditions of this Agreement. 17. NOTICES. All notices(including requests,demands,approvals or other communications)under.this Agreement shall be in writing.. The place for delivery of all notices given under this Agreement shall be as.follows: Developer: Western Pacific.Housing,,Inc. . Attn: Reed mate 1210 Central Boulevard Brentwood, CA 94513 Tel: (925)634-6023 County: Engineering Services Division Public Works.Department 255 Glacier Drive Martinez,,CA 94553 Atte: Brian Balbas Telephone: (925)313-2284 or to such other addresses as County and Developer may respectively designate by written notice to the other. 4 18. E .NTIRE.AGREEMENT. This Agreement contains the entire agreement among the parties to this Agreement and shall not be modified in any manner except by an instrument in writing executed by all parties or their respective successors in interest. CONTRA COSTA COUNTY: DEVELOPER: Western Pacific Housing,Inc., a Delaware corporation By: By* A4 Maurice Shiu. Obert Sel&e-rrs Public Works Director Vice President RECOMMENDED FOR APPROVAL: By: Name tio-1 z�'»� By: ✓ Title t/.t�'• D������,.-� Bering Semcus Division APPROVED AS TO FORM:. NOTE:Two officers must sign on behalf of corporations. The first signature must be that of the chairman of the board president,orvice-president;the second signature must be that of Silvano B. arch 1 the secretary,assistant secretary,chief financial officer,or assistant treasurer. (Civ.Code.§1190 and Carps.Code,§313.) County C sel - y� D ty Counsel ConstRdMaintAg.8710.7.27.05.wpd 5 ul Ul ~ v �a N 0 r 0 z 0 sa Zd OOOW • �ul 0) too ulld • Olga zoo 00 us UA OIZ . O. W tul� Ul a s ul tai, tll W Ul C0iG 2 W r Ocr.t o. '.L a ta. Y l sm u a+ . CALIFORNIA ALL=PURPOSE ACKNO W.. ..LEDGEM ENT stod-tte, K0000 e o u n 4/or o �r �- beT'ore meont c� � Name and f itie or urri .---oar'e. ., g Jeno Doe,Not2PI rubiicj .r person--Ilvpp lea red CIO J*-�' ersnin�[I�� knnt.�sr-� tnr=;rr =off= r��jar� tc r�;e ren too ^s sutis3'�ct�r' a`'�de^ � to be616 1 e perSon {fhose J � �names} a subscribes to the within instrument and ac w1edged to me tha hef he/they executed the ^me in A A A A .0 Am is/he f their authorized cepa ',(ies)f and that by his/h r/their T7 USA L..FINCH ature(s) on the instrument the person(s), or.the n ity upon COMMe#142MM b ehaif.of which the per Scn(s) acted, e-ecutcd the instrument. NOTARY I�t.�6 ORMA CONMA CMA COUNTY ..� so" . y � k � e Junes 206 . w ITN ESS my hand and oTTicial See]* W V V 1W 1W A 00, Signature.of Notary Pubiic saaaisasarsassass.rsarsasiraasa��.��s��s�a��a+�������ris�aa=asa�aa������aaasssaar�aaa�aa:isa.i�.-sass i hcugh rhe Irrror�nation,below is nor required.by law,it may prove valuable to persons relying on;he document and could pi-event lraudular,",rernoual and,sattacI:.rr:en1 or"fs Fc f 7^tc ancr^er document. �� r� tion C)T A 4 a.8 d o^.merit ��. s 1 Title or Type of DoCument: ' � ��� ��.�- 000000f Document Date: ( - Number of Pcsges: j igr ler(s) other i han Named �=►bove: Capacity(fes) Claimed by Signer(s) Signer's Name..6 Signer's Name: Individual ❑ Individual E] Corporlaite 0ffnc%.t D Corporate 071C.B.,r Ej TItles(S): ❑ Title(s): ] Partner- ❑ Limited ❑ General ❑ Partner-[] Limited ❑ Gen-era--%l El Aftorney-in-FaCt ❑ Attorney-in-Fact Trustee ❑ Trustee. iON tzuardiar� or Conservator D Guardian or Conservator • other: TQp of-Thumb here Other: Top of Thumb here Signer is Representing: signer Is Representing: • CALIFORNIA ALL=PURPOSE ACKNOWLEDGEMENT state off' ,— countyO f tel-00 On a before me, Name and T itie of Officer(e.g.,"Jane Doe,Nozarj PubUcl personally ceared INI-a c-OS),01 Sigma lz j �erSor??lI lcr-;nt.�� to ,rr-;r� - -?. r�rOt;ed r� r:';� On ti-;n h�Sl� of �at;S�acto a�'�de^ce fn �a +�,o LrSon�3 j VV b%..I nameW re. suhscri o the within instrument and a Owledg to me th( h eithey executed th a in slh Wtheir authorized ca cit pies and that h is/ .�rltheir P � 3 UM L RNOH o •00- signature(s) on the instrument the person(s), or,th�. ze ity upon M which behaIf.of which the �~erson s acted, enecuted the instrument. PUt WNM-Vkkwjqj OWA .� fit ftow J" W ITN ESS env hand and oT"Icial seal• 1W V 1W 1W V 1W Signature.o(Notal v Public sass:sssrssssasaraasaass-a�ssaa�. as_sa•���i���1���saa���se.��.a.sass.�ra.�.aw�...�.s��a.�a�a� Though In wrmat'on below is nct required by law,,it may prove valuable to pennons relying on the document and cCuld prevent fraudulent i-emoval and:Bay a:r,Trent o�t.�is Fc�t a.7or. I"cco ujr it arf Des.c.1rIptloin of..AttaC.-h-ed0.c omen t Title or Type of Docuj'T�ent: ,��-�- -� - eZ Cif Document Date. Number of Pages, Slgrierl,$) Other"'I'mhan Named Above.: Capacity(fes' Clalmiad by Sig nes(s) Signer's Name: Signer's ;'Marne: Individual Individual Corloomr^oraterrIcer [. orp�rate OIcer ElTitle-s f s : [I Title(s): 1 � 0 Partner- Limited Q General Pariner-0 LimitedGen-er-21 El Attorney-in-FaCL ❑ Attorney-in-Fact Trustee ... [] Trustee _ El G-%uardian or conservator • a- El Guardian or conservator • _• Other: Tap of-Thumb here Q Other: Top of Thumb here Signer is Representing: Signer Is Representing: saFEco FIRST TERMPREMIUMFULLYEARNED Bond Number : 6301789 Premium(One Year) $17,700.00 SUBDIVISION BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That, Western Pacific Housing, Inc., a Delaware corporation.,as Principal,and the Safeco Insurance Company of America, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California as Surety, are held and firmly bound unto Contra Costa County, as Obligee, in the sum of Three Million,Five Hundred Fifty Four Thousand and No/100 DOLLARS($3,554,000-00),for which the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,successors,and assigns,jointly and severally,firmly by these presents. THE Condition of the foregoing obligation is such that,whereas the above bounden Principal has entered into a contract/agreement, datedZ'�� with the Obligee to do and perform 3 the following work;to wit: Ravenswood,Subdivision#8710(Roadway Overlay) NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED,SEALED,DATED:February 3,2005 Western Pacific Housing,Inc.,a Delaware Safeco Insuran e Company of America corporation (Surety) (Principal) 2 By: JAI 4;4 VV By: di d�d Kimberly A.Tav er Attorney In Fact c/o Willis of Flo 3000 Bayport Drive,Suite 300 Tampa,FL 3360 Inquiries:(813)281-2095 SAFECO INSURANCE COMPANY OF AMERICA SAFECO LIFE INSURANCE COMPANY GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO NATIONAL INSURANCE COMPANY SAFECO NATIONAL LIFE INSURANCE COMPANY SAFECO INSURANCE COMPANY OF ILLINOIS CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of K :4::_-..17r -/�.- � � v � � On _�_�� ribefore me, c0000e-c:;� -0Z :.-�- !-� , Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appearedi��: � � e me-, 1,,e <,= CZ04 1 Name(s)of Signer(s) ersonally known to me -OR- ❑ proved tome4m the basis of satisfactory evidence to be the person(s) whose name(s) (11'.is/�)re subscribed to the within instrument and acknowledged to me that tCeroe/they executed the same in his/her/their authorized capacity(ies), and that byis er/their USAL.FOMsignature(s) on the instrument the person(s), or the en ity upon CO+- behalf of which the person(s) acted, executed the instrument. �CON1"FUCOSTACOLWN WITNESS m hand and official seal. eTnitMYy "loll 'V 1W 1W -W 1W Signature 6f Notary Public ----------------------------------------OPT/ONAL----------------------------------------- Though the information below is not required by law.,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: G/ ���� cu Document Date: Number of Pages: ���� � Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ I vidual ❑ Individual Corporate Officer ❑ Corporate Officer Titles(s): ❑ Title(s): E] Partner-E] Limited ❑ General ❑ Partner-❑ Limited ❑ General 0 Attorney-in-Fact ❑ F1 Trustee ... TrusteeINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER ❑ Other: Top of Thumb here El Other: Top of Thumb here Signer Is Representing: Signer Is Representing: ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS" On this 3rd day of February, 2005 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Safeco Insurance Company of America, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. ^ � ' Signature WE Denise . Taylor 71 ,li:ie Nnim P.Taylor MY COMMISSION# DD050395 EXPIRES Z 4ft October 14,2005 BONDED THRU TROY FAIN INSURANCE,INC This area for Official Notarial Seal ECCr POWER SAFECO INSURANCE COMPANY OF AMERICA AGENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint *****JAMES W.DUNN;DAVID H.CARR;KIMBERLY A.TAVERNIER;ANETT CARDINALE;LINDA J.MEYER;MARGARET A.GINEM;KRISTIN COOK; PAMELA L.MORGAN;Tampa,Florida**************************************************************************************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th day of August 2004 PC. ' 1 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of February 2005 . C� BI SEAL S FAL e000% X � 1955 of w cpf CHRISTINE MEAD,SECRETARY S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 08/30/2004 PDF IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium charge resulting from this Act. Bond Number : 6301789 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MEN BY THESE PRESENTS: That we, Western Pacific Housing, Inc., a Delaware corporation , as Principal, and Safeco Insurance Company of America, as Surety, are held and firmly bound unto Contra Costa County,as Obligee, in the sum of Three Million,Five Hundred Fifty Four Thousand and No/100 DOLLARS ($3,554,000.00), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THIS OLBIGATION IS SUCH, That,Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated FtbVkhlG9!' ZO P S in which said Principal agrees to construct designated public improvements,as follows: Ravenswood,Subdivision#8710(Roadway Overlay) And, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions, or rented equipment used in,upon,or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of any kind, in or on such improvements,said surety will pay the same in an amount not exceeding the sum set forth above. This bond shall insure to the benefit of the contractor,his subcontractors,and to persons renting equipment or famishing labor and materials to them for the improvements. SIGNED,,SEALED,DATED:February 3,2005 Western Pacific Housing,Inc.,a Delaware Safeco Insura e Company of Amed a corporation (Surety) (Principal) By: By Kimberly A. vernier Attorney In Fact c/o Willis of lon*da,3000 Bayport Dr.,#300 Tampa,FL 33607 Inquiries:(813)281-2095 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of w.�. a County of �� ,.-7���., 'r, cr On QsD before me, ,L. � cv c,i, ,�/ e_711 c #,"(--j , Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Pc X f=v� Names)of Signer(s) 20000P�errsonally known to me -OR- M proved tom n the basis of satisfactory evidence to be the person(s) whose name(s) Aslwe subscribed to the within instrument and acknowledged to me that,,,.._ he/they executed the same in LEA.L.FN+fC�Is/ /their authorized capacity(ies), and that b is er/their signature(s) on the instrument the person(s), or the entity upon i behalf of which the person(s) acted, executed the instrument. N IDNi'AAn ON N TA OO�ITY w MY 201 WITNESS my hand and official seal. V 1W 1W 1W 1W 1W W V r s-t h Signat-urerof Notary Public ---------------------------------- WOPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: , � , '� �-� �;- ..", op Document Date: 41-7 - U j '00001�2_ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Vrdividual ❑ Individual porate Officer Corporate Officer . ❑ Titles(s): Title(s): ❑ Partner- M Limited F1 General Partner-Ej Limited F1 General ❑ Attorney-in-Fact Attorney-i n-Fact ❑ Trustee Trustee RIGHT THUMBPRINT Guardian or Conservator RIGHT THUMBPRINT ❑ Guardian or Conservator . o ❑ Other: Top of Thumb here E] Other: Top of Thumb here Signer Is Representing: Signer Is Representing: ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS- On this 3'd day of February, 2005 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Safeco Insurance Company of America, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signatur . Taylor Denim P.Taylor MYCOMMISSION# DD050395 EXPIRES October 14,2005 BONDED nrauTROY FAIN r+sixnra.INC This area for Official Notarial Seal POWER SAFECO INSURANCE COMPANY OF AMERICA S A F ECCr GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint *****JAMES W.DUNN;DAVID H.CARR;KIMBERLY A.TAVERNIER;ANETT CARDINALE;LINDA J.M[EYER;MARGARET A.GINEM;KRISTIN COOK; PAMELA L.MORGAN;Tampa,Florida******** *********************** ********** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th day of August 2004 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-aftomeyappointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of February 2005 . C�� SEAL asSF-AL e00% X4 1 oil,, 1W 95z � of W Of CHRISTINE MEAD,SECRETARY S-0974/SAEF 2/01 OD A registered trademark of SAFECO Corporation 08/30/2004 PDF . t IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium charge resulting from this Act.