HomeMy WebLinkAboutMINUTES - 10252005 - C16 TO: BOARD OF SUPERVISORS`
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: October 25, 2005
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)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ for RA 05-01204 (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 Ill)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Landscape plans from Slifer Drive, RA 05-01204 (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.
C
Continued on Attachment: SIGNATURE:
—RECOMMEMATION OF COUNTY ADMINISTRXTOR
__.RECOMMENDATION OF BOARD COMMITTEE
,APPROVE TITER
r
SIGNATURES :
ACTION OF BO ON d y APPROVED AS RECOMMENDED OTHER
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 on the
VOT F SUPERVISORS ��,,�� date shown.
UNANIMOUS(ABSENT ,RYO`►'7 C" )
AYES: NOES:
ABSENT: ABSTAIN: _�
ATTESTED: e4o e'p' ',oma'
AI-I:rm JOHN SWEETEN, Clerk of the Board of
G:\GrpData\EngSvc\BO\2005\I0-25\RA 05-02204 BO-Ib.doc Supervisors and County Administrator
Originator: Public works(ES)
Contact: S.Gospodchikov(313-2316)
cc: Public Works- T.Beit,Construction
—Jul Planning,Community Development
T — ' P
T—July,2007(P1) By Deputy
Western Pacific Housing,Inc.
1210 Central Blvd.
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,P epho,DeSauinier,Glover and Uilkema
NOES: None,
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/
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 Board approval this date for RA 05-01204
(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: $1,365.00
Deposit made by: Western Pacific Housing,Ir1c.'
Auditor's Deposit Permit No. and Date: 452460 October 6, 2005
AH:rm Thereby certify that this is a true and correct copy of an
G:\c,rData\r„gsvc\so\2005\10-25\Ra,05-01204 Bo-16.doC
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: S.Gospodchikow(313-2316) Supervisors on the date Shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development �}��
T-July,2007(P1) ATTESTED: {.i�'G7,0xG r 5, oeo-
Western Pacific Housing,Inc.
1210 central Blvd. JOHN 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. i--' ,Deputy
RESOLUTION NO.2005/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 05-01204
(cross-reference Subdivision 0340$710), 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: SU501 6367 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.
cell~
SUBDIVISION AGREEMENT
(Right of Way Laridscapin );
(Government Code§66462 and 66463)
Subdivision: Ravetimo RA 05-1204 (Sc 03-•;�: 02 Effective Date:
Subdivider: tgterr+ E=� lblqiW,g Completion Period: 2 years
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
MauriceM. Shiu, Public Works Director � Ehdfic
gy: (signature)
(rim name 8 t#tie) Rp
Obert SejC rs
RECOMMENDED FOR APPROVAL: Vice Pres dEnt: - Foerd. P1anrzirg
",
By: (signature)
Engineering Services 91vision (print nerne 8 titte)
FORM 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;. PARTIES 8r DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coon ,"and the
above-ment€oned Subdivider, mutually:promise and agree as foilows concerning this subdivision:
2.. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,
signs, street II his, fire'hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the
Improvement pans for this subdivision as reviewed and on file with the Contra Costa County Public Wanks bepartment and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as=required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVgMEtE SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County:
129 19.00 For Performance and'Guarantee: $1,305.00 cash,plus additional security,In the amount of
which together total one hundred percent 100016)of the estimated cost of the work. Such
additional security is presented in the form of.
X Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after Its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment Security In the amount of$62,250.00 which is fifty percent(501%)of the estimated cost
of the work. Such security is presented In the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond..
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and 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 r
workmanship and shall perform satisfactorilyfora 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 guaranteeperiod does not apply to road improvementsforprivate 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 Ensure 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. lf, 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 empployee 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 asrescribed;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,andits special district,
elective and appointive
boards, commissions,officers, agents,and employees.
B. The !abilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de ned below,and including personal injury,death,property damage, inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
Improvement plans or accepted the work as complete,and including the defense of any suit(s),'acfion(s),or other proceeding(s)concerning
said liabilities and claims,
C. The actions causing liability 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 this section are notconditioned 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 surrey 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 fails to complete the work within the tlme 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 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 agreementand/or any deasit,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. to consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:WUP
GAGrpDwa\EngSvc\Forms\\G WORMAG-30A dor
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k. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of
County of
On G? .-, ; before me, .t •� `�—zrC F
Name and Title of Officer(e.g.,"Jane Doc Notary Public')
personal[ appearedr.�--
Name(s)of SIgner(a)
personally hnoxvn to me -OR- ❑ proved t e on the basis of satisfactory evidence to be the person(s) whose
name(s) s/ar subscribed to the within instrument and
&nature(s)
wled�to me th het a/they executed the same in
/their authorized c city(les), and that his ar/their
LISA L FINOH on the Instrument the person(s), or the ntity upon
NOTA#yKajC V F'f� behalf of which the person(s) acted, executed the in
TA tTA 00L* y ..
MV
Jurw 2D,2007 U WITNESS my hand and official seal.
r
Signature of Notary Pu
JIM
-- OPTIONAL-_---__.. ._.�_..... ..�...__.�,__v.
Though the inionnation below is not required by law,if may protre valuable to persons ralyina on the document and could prevent fraudulent removal
and reattachment of this fonn to another document.
Description of AttaChed Document'
"Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Then Named Above:
Cspacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ individual
❑ Corporate Officer Q Corporate Officer
❑ Titles(s): El Title(s):
❑ Partner-C] Limited ❑ General' ❑ Partner-❑ Limited ❑ General
❑ Attorney-In-Pact ❑ Attorney-in-Fact
1771 Truster Trustee
Guardian or Conservator . ❑ Guardian or Conservator •
❑ Other: Tap of Thumb herd' ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
WESTERN PACIFIC HOUSING, INC.
(f/kla Schuler Homes Holdco, Inc.}
Officers & Director List
As of September 9, 2005
Name Title
Horton,Donald R. Chairman ofthe'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&Customer"Service
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
CADocuments and Settings\gsncurtis\Local"Settings) UIODOO Internet Files\OLKI\Officer Lists-L Weldon,WPH Inc
Name Title
Koeblitz, Robert Vice President
Krause,Kellee Vice President&`Customer Service
Ledsam,Douglas G. Vice President of Land Acquisition
Lemke,Mike Vice President of Operations&Purchasing
Lopez,David Vice President of Sales&Marketing
Mayer,III,William E. Vice President&Assistant Secretary
McCook, Thomas Vice President
Montoya,Deanna Vice President
Nakamura, Gail Vice President of Marketing
Olson,Ann Marie Vice President of Sales&Marketing
Reed,Brent Vice President Land Acquisition/Development
Selders,Robert Vice President of Forward Planning and Assistant Secretary
Stanicek,Chris Vice President&Division Controller
Wood, Linda` Vice President of Sales
Wyman,Anthony J. Vice President
Porter,Debra Assistant Division Controller
Mills, Lori Assistant Vice President&Director of Escrow
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, 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
Murakami, 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\gmeurtis\Local SettingsZaAtZf0 Internet Files\OLKI\Officer Lists-L Weldon,WPH Inc
Name Title
Solorio,Denice 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
C:\Documents and Settings\gmcurtis\Local SettingsT4tal%tifif Internet Files\QLKI\Officer Lists-L Weldon,WPH Inc
sk7'�FiCATE.OF SECRET RX
The undersigned hereby certifies as follows:
I. He is a duly eluted, 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 following is atrue,correct and complete copy ofresolutions 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,minded or modified and remain in full
force and effeet as of the date hereof
Allsda Of` ke Frejt st of Forward Elanntag and A oft t S gt
REsoLvED, that Robert Selders is hereby elected to the of 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
Companyis a member,manageror agent(collectively,the"Entities")to sign,modify
and terminate, from time to time as he deems it to be in the best interest of the
Entities,homeowner association docurments,CC&Rs,subdivision agreements,utility
agreements, condominium plains, 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 WI?I NESS WHEREOF,the undersigned has set his hand on the 6*day of June,2005.
Paul W.Euchschacher,
Assistant Secretary
r--VTHWAU ihIWP h ciW=or,.ca&w*
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
I. He is a duly elected, qualified and acting AssistantSecretary 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 Pre ident and Division President
RESOLVED, that Richard P. Ambrosini is hereby elected to the office of
Vice President of the Company and Division President(the"Division President")of
the Company's North Bay I 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 of 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 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., 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 2 Ph day of April,2005.
c
Paul W. Buchschacher,
Assistant Secretary
U:UTEWALTiMiji4ShlrHomesCA105Apr21-COAS,wpd
." '(.tJL1i�I I'f C,7F t.t3N 1 KA f:C751 A ` .
DEPOSIT PERMIT „U
OFFICE OF COUNTY AUDITOR-CONTROLLER x
MARTINEZ,CALIFORNIA
t
ORGANIZATION NUMBER
t�9�+imt,onl
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB, TASK'OPTION ACTIVITY AMOUNT
ACCT.
rl
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EXPLANATION: TOTAL $
DEPOSIT
Deposit consists-of the following items
COIN and CURRENCY--,
CHECKS,MGL,ETC $ "---
BANK DEPOSITS $
- FOR AUDITOR CONTROLLER USE ONLY
DEPOSIT
PERMIT DP—t!> 4z '
NUMBER
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. ocknowledged.
Signet) Date
i,' f Signed - i Signed:_
Titlepj EXT t::( / Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
0649-9665 I 112300: 61189274, $8.343.57, MS O4-00012, Plan Check,
Oscar Alejandro Salazar, 1697 St. Germain Place, Concord, CA 94521
0649-9665 / 112300: 61189283, $500.0 , MS O4-0019, COA Compliance
Check, Karen & Ray Shaffer, PO Box 232, Knightsen CA 94548
.� RA 05-1204, Landscaping
Improvement Inspection, Western Pacific Housing, 301 Commerce Street,
Suite 500, Fort Worth, TX 76102
0649-9665 / 112300: G1189286, $36,668.00, 5b 03-8710, Landscape
Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort
Worth, TX 76102
0649-9665 / 112300: 61189287, $57,268.00, PA 05-0030, Landscape
Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort
Worth, TX 76102
0649-9665 / 112300: G1189288, UP 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, 51) 03-8710, Performance Cash Bond,
Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX
76102
819800-0800: 6118270, $7,096.00, PA 05-0030, Performance Cash Bond,
Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX
76102
819800-0800: G118271, $1,305.00, RA 05-1204, , Performance Cash Bond,
Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX
76102
Subdivision: Raven"Od Subdue€pion x#8710
Bond No.: SU50__67
Prerniurn: $1,292.00
IMPROVEMENT SECURITY BOND
FOR MLIC RIGHT OF WAY"LANDSCAPE AGREEMENT'
(Performance, Guarantee, and Payment)
(California Goverment Code Sections 66462 and 664,63)
1. RFcTAL OF Sumvt tgx Aorti✓ mi N'r: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision
8710 Ravenswood as specifiedin the Subdivision Agreement°(Right of Way Landscaping), and to
complete;,said work within the time specified for completion in the Subdivision Agreernent (Right of Way
Landscaping), alt in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. (3 LrGATt+ lVastern Pacific Housing Inc. ,as Principal,and
A .Company a corporation organized existing under the laws
of the State of M0 , and authorized to transact surety business in California,
as Surety,hereby jointly and severally bind.ourselves,our heirs, executors, administrators, successors,and
assigns to the County of Contra Costa, California to pay it:
Ai performanceand Gua 't' One Hundred Twenty Nine 1 hausand one Hundred Ninety Five dollars and 001100
Dollars($ 120,195.00 } for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Sixty Two Thousand Two Hundred Fifi Dollars and 00/100
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 Cade of the State of
California.
3._. CONDMON•
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 Dept and
performed at the time and in the manner therein specified, and in all respects according to their true'
intent and meaning, and shall indemnify and save harmless the County of Contra Costa'(or city
assignee), its officers, agents and employees, as therein stipulated,then this obligation shall become
null and void;otherwise it shall be and remain:in full force and effect.
As part of the obligation secured:hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfiilly enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with'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 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 the 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 farce 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 zSurety 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 Se ternher 28 2005
PRINCIPAL:Western Pacific Housing, Inc. SURETY: Arch Insurance Company
Address: 1210 Central Boulevard Address: 135 N Los Robles#825
City: Brentwood Zip 94513 City Pa a _141d 91151
By By:
Print Nam: Print Name. enlse Taylor
Title: c=am' t Title: Attorney-in-Fact
CIO WILLIS OF FLORIDA
3000 SAYPORT DRIVE,#300
itPWSI\SHODATAKkpDataQigSvoWmw\BN WORMN 22Adw TAMPA,FL 33607
1� : ,tu•� ,t g INQUIRIES:(813)281.2095
!l,;3 3i(y3 311 'NUS' i ili ..:x s ! ^i3i il:t s $3•? ons ,flN. i,
_ f lii31f 3i E:e iiNJ i!
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 Attorney(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, seat 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 bondsin 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#lad#tom dui)r executed and acknowledged by its
regularly elected officers at its principal office In Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
*VOTED, That the Chairman of the Shard, the president, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, reognizances, 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 filed with the Secretary, and the signature of the Secretary, the seat of the Company, and
certifications by the Sapr4tary,'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.
OOMLOO13 Ata 03 03
Page 1 of 2 Printed In U.S.A.
In 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 2004
Arch Insurance Company
Attested and Certified
gv'ranc°c
0
CORPORATt
SEAL
7.471 IV,
' /' lfISlOgt�
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. Labels 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.
OFMCW-SEAL
MEiJW 8.OwCow NotayPubbc
State ofConnetart Melissa .Gills gan, Nota Public
' 28,2' My commission expires 2"28-05
CERTIFICATION
1, Joseph S. Labeil, 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 as
Joseph SICallell, 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.
SUL
t471
Itk000rl
Home Office:Kansas City, MO
OOML0033 00 03 03
Page 2 of 2 Printed'n U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State€f
Count
y Of
tan / � .r` /:. 1''r► J'"_._. before me,
(Dame and Tate of Officer(&j.,"Jane Doe,Notary Pubiic7
personally appearedeat'
me(s)b;Signer(&)
sonally known to me -OR- []- owed to -me o th basis of satisfactory evidence to be the person(s) whose
name s) A57bre subscribed to the within instrument and
e owladg d to me the a e/they executed the. same in
�s��erltheir authorized cap�ttyy�(ies), end that by /their
FCaX&WM
t'gnature(s) on the instrument the persons}, ar th upon
-. behalf.of which the person(s) acted, executed the instrument:
MY re�� 2�" WITNESS myhend and official seal.
A
C {y...
lgnatum of Notarp Public
Though tike irlrorrnaticn helcw is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this farm=to another document
Description of Attached ocument
Title or Type of Doca
Document Date: ffarfiser of Pag :44010 /
Signer(s)Other Than Named Above:
Capacity(€es) Claimed by Signers
Signer's Marne: Signer's Name:
Individual El individual
Q Corporate officer Q Corporate Officer
❑ Titles(s): 0 Titles):
Q Partner- Q Limited M General Q Partner-Q Limited Q General
Q Attomey-in-FactQ Attorney-In-Fact
Q Trustee ;. [ Trustee
Q Guardian or Conservator Q Guardian or Conservator .•-
Q Other: Tap of-hurnb here Q Other: Tap ofThumb'here
Signer Is Representing: Signer'Is Representing:
STATE OF Florida
SS.
COUNTY OE Hillsborouah
On September 28, 2005 before me, Margaret A. Ginern
PERSONALLY APPEARED Denisp Taylor
personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s) is/are
subscribed to the withininstrument 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 o �cif
the person(s) acted,executed the instrument, MARGARET A.
Notary Pubii c Mate of Roddy
Comm ft DGS 176563
WITNESS my hand and official seal. Comm.Ex.p.Jan.8,2007
Signature
Margaret . Ginem This area for Official Notarial Seal
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
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
'nTl E(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACNUMBER OF PAGES
❑ TRUSTEE(S)
CJ GUARDIAN/CONSERVATOR
❑ OTHER;
DATE OF DOCUMENT
SIGNER 1S REPRESENTING.
NAME OF FERSON(S)OR ENTITY(IES)
Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE
ID-081 Rev.6194 ALL-PURPOSE ACKNOWLEDGEMENT
ARCH` Insulrance Company ARCH Surety
NOTICE-DISCLOSURE OF TERRORISM PREMIUM
In accordancewith the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bands 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 ( .00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES'
The united States will pay ninety percent (90%) of hovered terrorism losses exceeding
the applicable insurer deductible;