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HomeMy WebLinkAboutMINUTES - 10252005 - C12 TO: BOARD OF SUPERVISORS ';/, FROM: MAUIZICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 25,2005 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 Co oration,Discovery Bay area. (District III) SPECIFIC`REQUEST(S)OR REGOMMENDATION(S)&'BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/wlfor PA 05-00030 (cross-reference Subdivision 03-08710), approving Subdivision Agreement (Right of Way Landscaping) for project being developed by Western Pacific Housing, Inc., a Delaware Corporation, Discovery Bay area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON($)FOR RECOMMENDATION(S): Landscape plans for Ravenswood Park, PA 05-00030 (cross-reference Subdivision 03-08710) have been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping)will not be approved. Continued on Attachments, "` SIGNATURE: COMMENDATION OF COX 5TY ADMINISTRATOR RECOMMENDATION OF BOARD"COMMITTEE PROVE OTHER STEN T R S : ACTION OF BO R ON APPROVED AS RECOMMENDED OTHER I hereby certify that this,is a true and correct copy of an action taken and enteredon the minutes of the Board of Supervisors on the V07UNANIMOUS(ABSENT 1/ OF SUPERVISORS �,//0 W date shown. _ t, } AYES. NOES: ABSENT: ABSTAIN: ATTESTED: .6-t r AH:rm JOHN SWEETEN, Clerk of the Board of G:tGrpData\EngSvc\BO\2005110-251PA 05-00030 BO-16.doc Originator: Public works(ES) Supervisors and County Administrator Contact: S.Gospodchikov(313-2316) ec. Public works T.Bell,Construction Current Planning,Community Development T—July,2007(PI) Western Pacific Housing,Inc. By �,Deputy 1210 Central Blvd, A&Am��� Brentwood,CA 94513 Arch Insurance Company 135 N.Los Robles,#825 Pasadena,CA 91101 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 Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 05-00030 (crass-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 date for 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,bI 6.00 Deposit made by: Western Pacific Housing,Inc; Auditor's Deposit Permit No. and Date: 452460 October 6, 2005 AH:rrn Thereby certify that this is a true and correct copy of an G:\GrpDatalEngSvc\BO\2005110-251PA 05-00030 BO-16.doc Originator: Public works(Es), action taken and entered on the minutes of the Board of Contact: S.'Gospodchikov(313-2316) Supervisors on the elate shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T esters acif 1) ATTESTED:_ S +�G-r ",��Vt5" Western Pacific Housing,Inc. 1210 central Blvd. JOIN SWEETEN,Clerk of the Board of Supervisors and Brentwood,CA 94513 County Administrator Arch Insurance Company 135 N.Los Robles,#825 Pasadena,CA 91101 By ,Deputy RESOLUTION NO.2005/ SUBJECT: Approving Subdivision Agreement(Flight of Way Landscaping) for PA 05-00030 (cross-reference Subdivision 03-b8710), being developed by Western Pacific Housing, Inc., a Delaware Corporation,Discovery Bay area. (District III) DATE October 25, 2005 PAGE: 2 II. Surety Bond Bond Company: Arch,Insurance Company Bond Number and Date: SU50 6368 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 §66462 and§66463) Subdivision: Iicre� PA 05 0 (SD3-03710) Effective Date: /l(•�' Subdivider: ParifIxx' Completion Period: 2 gears THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M.Shiu, Public Works Director W-Stm Panic Hcmmpg, Inc., a Ddt=Qjz=ion By. -' (signature) (trrtrn nem t e} __Rkat Selders RECOMMENDED FOR APPROVAL: Vice President Fob P1 irk , By. (signature) Engineering Services j6ivislon (print name&title) FO l4i APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged, if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1= PAF(C1l S&©ATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coand the above-mentioned Subdivider, 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, street lights, flre'hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the Improvement pians for alis subdivision as revlewed and on file with the;Contra Costa County Public W arks Department anti in conformance with the Contra Costa County Ordinance 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 CaliforniafoSubdivision 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. IMPROVEME T SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: i A. For Performance and Guarantee: $ 7 096.00 cash,plus additional security,in the amount of $ TO,,5.1 2 which together total one hundred percent(100°/6)of the estimated cost of the work. Such additioal security,is presented in the farm of: X g Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees erforrnance under this Agreement and maintenance ofthe work for one year after its completion and acceptance against any defective wo manship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 354 i0.00 ,which is fifty percent(6t}°fn)of the estimated cost of the work. Such security is presented In the form of. Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdividergguarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them onto to 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 6 mateNi l or workmanship and 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 Corte. 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 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 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 COUNT 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 damage of any kind allegedly suffered,incurred or threatened because of;actlon&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 causino iiablilty are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in thissection'are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,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 form any negligent or 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 tiled 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 fails to complete the work;within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the worts 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 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 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. :kv.1ap G:IGrpDpta\EngSvc\Forms\AG WORD\AG-30A.doc Rev.May 18.2001 all I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of _(�'-� -- - ._� , '� tz-,e- On 1=?--QJ k?-d i.J before:.me, -! 11.ca` ,� _ -r'e-c-C Ly' Name and Title of Officer(e.g.,"Jane Doe,Notary Public"} personally appeared r:.1' Names)of slgner(s) �,personaily known to me -OR- ❑ proved to e on the basis of satisfactory evidence to be the person(s) vhose name(s) s a subscribed to the within instrument and acknowledg e/G to me tha e/they executed the same in LISA Lam' �=Lre(s) /their authorized caps ty(Ies),and that lays�`` , er/their mm. on the Instrument the person(s), or the-MTIV upon JLNOTAp��� behaii of which the perscn(s) acted, executed'the instrument.MU COSTA MOM ' 020.2007 �. WITNESS my hand and official seal. /111signature c Notary Public --------------------- OPTIONAL-------—-------------------w------ Though the inf=atiun below is not required by law, if may prove valuable to persons ralyirg on the document and could prevent fraudulent removal and reattachment of this form to another document Description cf Attac a Document Title or Type of Documer t: •k,,..�, 0001 Document Date: Number of Pages: Slgnerfs)Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual;, ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s):, ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner-[] Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Pact ;❑ Trustee `; C] Trustee El Guardian or Conservator ct• El Guardian or Conservator • �.� ❑ Other: Tnp ofrhumb hers ❑ Other: Top ofThumb'hare Signer Is Representing: Signer Is Representing: WESTERN PACIFIC HOUSING,INC. (f/k/a Schuler Homes Holdco, Inca Officers & Director hist As of September 9, 2005 Name Title' Horton,Donald R. Chairman of the Board Tomnitz,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 Brown, Lloyd Vice President&CustomerService Brown, 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\gcurtis\Local Settingslltpb §Internet Files\OLKI\Officer Lists-L Weldon,WPH Inc Nam Title Koeblitz,Robert Vice President Krause, Kellee Vice President&'Customer Service Ledsarn,Douglas G. Vice President of Land Acquisition Lemke, Mike Vice President of Operations&Purchasing Lopez, DavidVice 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,Brenna 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&Director of 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 Murakai,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 Documents and Settings\grncurtis\Local Settings Internet Files\OLKl\Officer Lists-L Weldon,WPH Inc .......... Name Title Solorio,Derace 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\gmeurtisTocal Settings%ftdribInternet Files\OLK1\Officer Lists-L Weldon,VVTH Inc CERTM CATS OF AMIAM SECRUARV The undersigned hereby certifies as follows: 1. He is a duly elected, qualified 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 followingis atrue,correct and complete copy of resolutions related to the subject matter,as adopted 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. Electiem of Vice President of Tg►MMA`Plantoz and Assistant'!r"►ceereAry 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 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 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 is a.member,manager or agent(colleetively,the"Entities']to sign,modify and tete, 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, construction contracts, purchase orders, affordable housing agreements, security bonds,consultant agreements,final maps,permits,engineering agreements and other similar or equivalent agreements or documents for the Division relating to the business of the Entities. IN WITNESS WHEREOF,the undersigned has set his hand on the 6b day of June,2005. Paul W Buchschacher, Assistant Secretary U,V&W l LnMkI WPHhSe0MM6-COAS wpd 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 is a true,correct and complete copy ofresolutions 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 o f which 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 fallowing 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 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 documentsas 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 far 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 the 21'"day of April,2005. x� ---- Paul W. Buchschacher, Assistant Secretary U�U BWALT\Mui\SlttrHome&CA\05Apr22-COAS.wpcl OFFICE OF COUNTY AUDITOR-CONTROLLER r. _ MARTINEZ,CALIFORNIA , I ORGANIZATION NUMBER (orgat imtion). . (For Cash Collection Procedures see County Administrator's Bulletin 105.) s1" DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOUNT ACCT. 131 9J $ c I ji I i 1 I I I - I I I t i I k t k k t k t EXPLANATION: TOTAL $ t DEPOSIT Deposit consists.of the following items COIN and CURRENCY------ CHECKS,M.C+«ETC. $ . BANK DEPOSITS $ FOR AUDITOR-CONTROLLER UStONLY DEPOSIT PERMIT NUMBER DATE ASSIGNED The amount of money described obove is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signed G�'' i 1/i Date " / Signed: Sig*; _ ~ ' EXT .` i(I_) '/ _ Deputy County Auditor Deputy Comity Treasurer D-34 REV.(7-43) 0649-9665 / 112300: G1189274, $8,343.57, MS O4-00012, Pian Check, Oscar Alejandro Salazar, 1697 St. Germain Place, Concord, CA94521 0649-9665 / 11.2300: G1189283, $500.00, MS O4-0019, COA Compliance Check, Karen:& Ray Shaffer, Ptd Box 232, Knightsen, CA 94548 0649-9665 / 112300: 61189284, $10.940.030, RA 05-1204, Landscaping Improvement Inspection, Western Pacif is Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 0649-9665 / 112300: G1189286, $36;668.00, SO 03-8710, Landscape Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 05-0030, Landscape Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Werth, TX 76102 0649-9665 / 112300: G1189288, DP 04-3015, Jasraj Singh, 2706 E. Trefallas Rd., Antioch, CA 94509 $500.00, Plan Check Deposit, $5,458.50, Inspection 819800-0800-- G118269, $4,521.00, SD 03-8710, Performance Cash Bond, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 819800-0800: 6118270, 7 6.00, PA 05-0030, Performance Cash Bond, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 819800-0800: 6118271, $1,305. RA 05.1204, , Performance Cash Bond, Western'Pacific Housing, 301 Commerce Street, Suite 5007, Fart Worth, TX 76102 Subdivision: ;Raven wood Subdivision#$710 Bond No.: SUW6368 Premium $7,025.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. REcrTA>✓OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision S7'Ii Ravenswood as specified in the:Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map f€r said Subdivision. 2. OBLIGATION: Westem Pacific Housing, Inc. ,asPrincipa] and Arch Insurance Oom any ,a corporation organized existing under the laws of the State of MO , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Seven Hundred Twp.Thousand Five Hundred Four Dollars and 001100 Dollars( 702,004.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Three Hundred Fifty Four Thousand Eight HundredDollars and 00/100 Dollars ($ 354,800.90 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 o Division III of the Civil Code of the State of California. 3.: CoN ; 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 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 faIl farce and effect. ................................... ............. ........................................................... ............. ..................................... ................... As part of the obligation secured hereby and in addition to theface 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 successfiffly 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 ftmiisbed 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 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 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 Me claim under Title 15 (commencing with Section U a or their assigns 3082)of Part 4 of Division 3 of the Civ. Code, so as to give a right of action to ther in any suit brought upon this bond. -ned t this n shall Should the condition of this bond be fully performed hen obligation 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 SURETy: Arch !�turance Company PRINCIPAL Western Pacific Housi*_Inc. Address: 1210 Central Boulevard Address: 135 N Los Robles#8A Brentwood a e. A City: . 91101 Zip: 94513 City: Vir By. XQ By: anise Taylor ylor Print Name: Print Name Attorney-in-Fact Title: Attorney Title: &6 it OF FLOPMA IY MM MW anw t PA,ft aw ij MVS 1\SHARDATA1QpDeUWvd\Fw=\BN WORD\BN-12Adoe 99 INdU 13)281-20M .. ... ........... .................. .......... .............. STATE OF Florida SS. COUNTY CSF Hillsborough 0n Se9tember 2820C15w . before me, Margaret A.Ginern PERSONALLY APPEAREL?_[?ionise 7a Ivor _.� 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 EAL the person(s) s acted,executed the instrument. RGAici i I NEM Ni'3 p WA/ I PETA. of Florida WITNESS m hand and official seal. ��^�' P.ja i7f553 y ��rrl �.��:,ian.8>20B? Signature This area for Official}Notarial.Seal 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 0 CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) El"PARTNER(S) ❑ LIMITED El GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES fl TRUSTEE(S) El GUARDIAN/CONSERVATOR © OTHER: BATE OF [DOCUMENT SIGNER IS(REPRESENTING: NAME OF PEASON(S)OR ENTITY{IES} Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE }o-osr Rev.5/94 ALL-PURPOSE ACKNOWLEDGEMENT to Testimony Whereof, the Company has caused this'instrument 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 «o 1971 AL ,g„ Joseph S. Lj6di, 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.Label[personally known to me to be the sante 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, appearedbefore me this day in person and severallyacknowledged that they being thereunto duty authorized signed, seated 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. OFfM SM ofC Melissa . Gilligan,Notary Public My Code rros m F" 28,2DD5 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, 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 l do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the elate 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 os Joseph S ell, Corporate'Secretary ; ►f 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. sow* cWtotAT9 SUL ,f71 iaaa , Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of'2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By ThesePresents: 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 Attomey{s}-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'beeri 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. NOTED, 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 sha{I have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto, bands 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 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, 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. 00ML001300 03 03 Page 1 of 2 Printed to U.S.A. ARCH Insurance Company ARCH Surety NOTICE— DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism frisk Insurance Act of 2002, we are providing this disclosure notice for bards on whichArch: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 Dotlars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorists losses exceeding the applicable insurer deductible. CALIFORNIA ALL-PURPOSE ADI{NOWLEDGEINtENT k State of County of .- ► ,.-r.. .�!E1' 'ti5t . On ,�� ,✓`,�"r ,�`o .1_'_`, before me, 1Vic m _ i�=r .'^z- •�'�' Name and Title of Officer(e.g.,"Jane Doe.Notary Pub icl personally appeared , Name(s)of Signar(s) persanally known to me -OR- t:ed to me a ba of satisfactory evidence to be the person(s) whose name(s) i 2 subscribed to the within instrument and ac ow a ged to me th executed th me in s rltheir authorized caVj�le/tl.,ey ity(ios) and that yIher/their o th� u on ature(s) on the Instrument -the person(s), r ty p L» behelf.of which the person(s) acted, executed the instrument USAit.. U8' #14 NOTARY Pli t CRVW WITNESS my hand and official seal. MY $6100 bo 0087A COL#M LOW" 2Q.MV Signature of Notary Public ----------- -� a_ -----r�lu� C ---..-_ "----_--.Though fhe inrormaucn below i�not ruire c!oy law ii male to persons relying on the docurrenf and could prevent frudulenf remo vel and reattachment of this form to another docurnent Description of Attac a ocument Title or Type of Document: IF / Document date: /' Nfi�fir of Pe Signer(s)Other Than Named Above: Capacity(fes) Claimed by Signer(s)' Signer's Name: Signer's Name: Individual ❑ individual �] Corporate Officer D Corporate Officer (j Titles(s): 1771 Title(s): ❑ Partner- 0 Limited ® General ❑ Partner-❑ Limited ❑ general (:1 Attorney-In-Fact ❑ Attorney-in-f=act 0 Trustee ❑ Trustee . X11 ', � El Guardian or Conservator ❑ Guardian or Conservator + n, Other: Top of-Thumb hers Other: Top afThumb here Signer 1s Representing: Signer is Representing: