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Home My WebLink AboutMINUTES - 10252005 - C23 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 25, 2005 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08710, being developed by Western Pacific Housing, Inc., a Delaware Corporation, Discovery Bay area. (:District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATIo2I RECOMMENDATION($)- ADOPT Resolution No. 2005! x} for 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(S) FOR RECOMMENDATION(Sl: Landscape plans for 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 Attachment:a---' SIGNATURE: _, ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE :;-PROVE OTHER r SIGNATURES : ACTION OF BO ON . f' APPROVED AS RECOMMENDED OTHER I hereby certify that this is'a true and correct copy of an action taken and entered on the Vminutes of the Board of Supervisors on the date shown. L7'�OF SUPERVISORS �Y' UNANIMOUS(ABSENT t.- AYES: NOES: ABSENT:- ABSTAIN: ATTESTED: d r —'F AH:rtn JOHN SWEETEN, Clerk of the Board of G:1GrpData\EngSvctBO\2005t14-25\SD 03-08710 Bt}-16.doe Originator: Public Works(Es) Supervisors and County Administrator Contact: S.Gospodchikov(313-2316) cc: Public Works- T.Bell,Construction Current Planning,Community Development T—July,2407(P 1) Western Pacific Housing,Inc. By ,Deputy 1214 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,:Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None' ABSTAIN: None RESOLUTION NO.2005/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for 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 Subdivision 03- 08710, located in the Discovery Bay area. A Subdivision Agreement (Right of Way Landscaping) with Western Pacific Housing, Inc.,, 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: $4,521.00 Deposit made by: Western Pacific Housing,Ixlc. Auditor's Deposit Permit No. and Date: 452460 October 6, 2005 AH:rm I hereby certify that this is a true and correct copy of an G:\GrpData,\EngSvc\Bo\2005\10-25\SD 03-08710 Bo-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc; Public Works- T.Bell,Construction Current Planning,Community Development j �,!j T-July,2007(P'1) ATTESTED: i J�'�l�se,'i✓ Westerntfic 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 $y Deputy RESOLUTION NO.2005/ _ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08710, being developed by Western Pacific Housing, Inc., a Delaware Corporation,Discovery Bay area. (District III) DATE: October 25, 2005 PAGE: 2 II. Surety Bonet bond Company: Arch Insurance Company Bond Number and Date: SU5016366 September i8,2005 Performance Amount: $447,579.00 Labor&.Materials Amount: $226,050.00 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 (Flight of Way Landscapin (Govemment Code§664E2 and 064,63) Subdivision; Paven.S" ( D 0:3-08710) Effective Date: Subdividett; Wester .�tl igv lilt Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Sh(us Public Works Director, i-stern Pacific I1,x. 7f;y Inca a Dei =im Ely: is olggtiaturel €rxint nAm&19P Wbert SeddeJ RECOMMENCED FOR APPROVAL; Vice Prreaw t - Rmwd Plsming By. tsignatura} Engineering Services Dkislon Ii name&*tit FORM APPRQVEQ: Victor J.Westman,County Counsel (NOTE:All signatures to be acknowledged. If SubdMderis Incorporated, signatures must conform with bre designated representative groups pursuant to Corporations Code,§313.) 1. PARTIES&DAT Effective on the above data,the City of County of Contra Costa,California,hereinafter called°Coun ,"and the above-mentloned Sub wider, mutually promise and agree as followsconcerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the Improvement pians for this subdivision as reviewed and on filewith the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall compplete said work and improvements(hereinafter called"work")within the above completion period from date Hereof as required by the Callfomla Subdivision Map act(Government Code§§56410 and following),in.a good workmanlike manner,in accordance with accepted construction practices and to a manner equal or superior to the requirements of the County'Ordinance Code and rullns made thereunder; and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govem. 3. IMPROVEf4WT SEC;UI IITTY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§56499,and the County Ordinance Code,provide as security to the County: Aco For Performance and Guararttae: $ 4,521.00 cash,plus additional security,in the amount of $ which together total one hundred percent(1009/6)of the estimated cost of thework. Such additional security is presented in the form o ' X Cash;'certified check or cashiers check. X Acceptable corporate surety bond. _ Acceptable irrevocable letter of credit. .With this security,the Subdivider guaranteeserformance 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. 5. For Payment: Security In the amount of$_226,050-00 ,which is fifty percent(5011/6)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 latter 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.there 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§94-4.405 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from deflects in materiai"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 Code. Subdivider agrees to correct,repair,or replace,at his expense,' any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this 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 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 pians prove to le inadequate in respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.` 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or,statement by any officer, agent or employee'of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance`of the X101ey 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 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 actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s);`action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing Ilability 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-O editions: The promise and agreement in this section 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 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.wi#hin 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 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 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 works 12. INCORPORATION/ANNEXATION. if,before the Board of Supervisors accepts the work as complete,the subdivisionis 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. :kw.lap GAGtpOat&NEngSvc\Ponns\AG wOWAG-30Adoo Rev.May 18„2001 CALIFORNIA ALL-PURPOSE .ACKNOWLEDGEMENT State of am Z, g ^Act- Countyunty of _/ �... -- L r On 43F ,... J``-' before me, r'tAA— Name and Tito of of er(e.g.,"Jane Doe,Notary Public") personally appeared ' larns(s)of Signer(s) ersonaily knok.%rn to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) a subscribed to the within instrument and scknawledged to me that' a he/they executed the same in rltheir authorized cap city(ies), and thatIs 'srttheir A L FILCH ssIgnature(s) on the instrument the person(s), or th upon #t4 behalf of which the persons) acted, executed the Instrument. NOTAFlY Pt auc-co �Ft)Alelidl My iWmITF�� TA Esprea. WITNESS my hand and official seal. h 24,9107 w w Signs um of Notary Pub - - OPTIONAL- - -- Though the information below is not required by law,it may prove valuable to persons relying on the dbcument and could prevent fraudulent ramoval and reattachment or this form to another document. Description of Attar °"a Document Title or Type'of Document r r e 7'- Document Late: Number of Pages: Signer(s)Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ individual ❑ Corporate Officer ❑ Corporate;,Ofr"icer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ® General ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-f=act ❑ Attorney-in-Fact Trusteec ❑ Trustee ❑ Guardian or Conservator - ❑ Guardian or Conservator • ❑ Other: Tap of-Thumb here ❑ Other' 'rnpofThumb'here . Signer is Representing: Signer Is Representing: WESTERN PACIFIC HOUSING, INC. (ffkla Schuler Homes Holdco, Inc.) Officers & Director List 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&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 CADocuinents and Settings\gmcurds\Local Settings\ pbPO Internet Files\OLKI\Officer Lists L Weldon,WPH Inc Name Tide Koeblitz, Robert Vice President Krause,Kellee Vice President&Customer Service Ledsam, Douglas G. Vice President of Land Acquisition Lemke,Mike Vice President of Operations&Purchasing Lopez, David Vice President of Sales &Marketing Mayer, III,William E. Vice President&Assistant Secretary McCook,Thomas Vice President Montoya,Deanna Vice President Nakamura, Gail Vice President of Marketing Olson, Ann Marie Vice President of Sales&Marketing Reed, Brent Vice President Land Acquisition/Development Selders,'Robert Vice President of Forward Planning and Assistant Secretary Stanicek,:Chris Vice President&-Division Controller Wood, Linda Vice President of Sales Wyman,Anthony J. Vice President Porter,Debra Assistant Division Controller Mills, Lori Assistant Vice President&Director of Escrow Adorni,Mark Assistant Secretary& Sales Manager Armstrong,Daniel Assistant Secretary&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 AssistantSecretary&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:\Docuraents and Settings\gracurtis\Local Settings Internet Piles\OLK1\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.Settingsl p%ro Internet Files\OlXl\Officer Lists-L Weldon,WPH Inc CATECl S►r'1S AMSECELTAU 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 dulyauthorized to certify the same. 2. The following is atrue,correct and complete COPY ofresuhitionsrelated 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. Eledi-m,of Via J! es*M of EQMBW Big Ud Anktant 5 retarw RESOLVED, that Robert Selders is hereby elect 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 Companyis amember manageror agent(collectitively,the i Enntitice)to s gn,modify and terminate, from time to time as he deems it to be in the best interest of the Entities,homeowner association documents,CC&Rs,subdivision dents,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 ba`day of June,2005. Paul W.Buchschacher, Assistant Secretary U.UWWWW&IWPHInctasrw6-caawpd CERTIFICATE OF ASSISTANT SECRETARI' The undersigned hereby certifies as follows. l. 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 drily authorized to certify the same. 2. The following is a true,correct and complete copy of resolutions related to the subject matter as adapted by the Consent of Sole Director of the Company dated February 14, 2005 (the "Resolution"). The-Resoluton has not been amended,rescinded or modified and remain in full farce and effect as of the date hereof. Election of Vice President and Divis Qn 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. RESOLVE )FURTHER,that the Division President is hereby authorized and empowered,in the Division and in the name and on behalf of(A)the Company, (B)anypartnership ofwhich the Company is a;general partner,manager or agent,and (C) any limited liability company of which the Company is a member, manager or agent(collectively the"Entities"), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b)President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments for the purchase ofreal 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 ofthe 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 WITLESS WHEREOF,the undersigned has set his hand on the 21f1i day ofApril,2005. Paul W. Buchschacher, Assistant Secretary U'NJTEWAL'1 Min1S111rHOIYMCA\OSApr21-COAS:wpd OFFICE OF COUNTY AUDITOR-CONTROLLER x ' MARTINEZ,CALIFORNIA i r , ,J ORGANIZATION NUMBER (ag—i-) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG, ACCT. TASK OPTION ACTIVITY AMOUNT HE; io i i i i i i i i I i i i i i i . i I i i i i i . i i i i e EXPLANATION: TOTAL $ i DEPOSIT i Deposit consists.of the following items COIN and CURRENCY---- CHECKS,M.O.,ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT .. PERMIT DR t 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. acknowiedgeel. Signed (. Signed; d--l �_.: Signed: Title is j r {:' EXT „ (_j+.1 / Deputy County Auditor Deputy Courity Treasurer D-34 REV.(7-93) 0649-9665 / 112300: G1189274, $8,343.57, MS O4-00012, Plan Check, Oscar Alejandro Salazar, 1697 St. Germain Place, Concord, CA 94521 0649-9665 / 112300: G1189283, $500.00, MS O4-0019, COA Compliance Check, Karen ,& Ray Shaffer, PO Box 232, Knightsen, CA 94548 0649-9665 / 112300: G1189284, $10,940.00, RA 05-1204, Landscaping Improvement Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 03-8710, Landscape Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 0649-9665 / 112300: G1189287, $57,268.00, PA 05-0030, Landscape Inspection, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 0649-9665 / 112300: G1189288, DP 04-3015, Jasraj Singh, 2706 E. Trefallas Rd., Antioch, CA 94509 $500.00, Plan Check Deposit, $5,458.50, Inspection 819800-0800: G118269, $4,51.00, Sr) 03-8710, Performance Cash Bond, Western Pacific Housing, 301 Commerce Street, Suite 500, Fort Worth, TX 76102 819800-0800: G118270, $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: Ravenswood Subdivision#6710 Bond No.: SU5016366 . Premium: $4,476.00 IMPROVEMENT SECURITY BOND FOR PUBLIC,RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee,,and Payment) (California Government Code Sections 66462 and 66463) 1. REcrrA 2F Sugwyi[sm A GREEME- . The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision rsri as specified in the Subdivision Agreement (Right of Way Landscaping), and to etmplete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final.Map or Parcel Map fdr said Subdivision.' 2. OBLIGATION: Western Pacific Hou lig Inc. >asPra tl,and Arch s-��!Qomizny ,a corporation organized existing under the laws of the State of MO ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: Four Hundred Forty Seven Thousand Five Hundred Seventy Nine Dollars and;00/100 A. Performance and Guarantee: Dollars($ 447,5? _ 0` )"for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Hundred Twenty Six T�ibusand Fifty Dollars and 00/100 Dollars ($ 226,0511.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Park 4 of Division III of the Civil Code of the State of California. I _ CONDITION: 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 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'sfees, incurred by County(or city assignee) in successfully enforcing such obligation,all to be taxed as costs " and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B)' above is such that said Principal and the undersigned as,corporate surety are held firmly bound unto;the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code'for materials furmished 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 band, will pay, in addition to the fact amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, mncurred by County(or city assignee) insuccessfullyenforcing 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 band 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 Cade,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety bereby 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 Septerrnbgr28 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 ewZip 91101 By: By: Print Name: � - Print Name: anise Taylor Title: Title: Attorney-in-Poet C/O WILLIS OF FLORIDA 3400 BAYPORT DRIVE,#300 :mw TAMPA,FL 33W7 X\Fcvsl\sxaRDATA\QTndaWvc\Fm=\BN WORD\sx 12A.doc INQUIRIES:(813)281-2085 Ttv uhE.ii .9. .... .. ::, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of _ QI c� On z before me, . �4 � a ILY .� - "C , Name and Title of Officer(e.g.,"Jane Doe,Notary Puoiac' personally appeared ftiGnne(-J of ersonaily known to me -OR- proved #o eon the be is of satisfactory evidence to be elle person(s) whose name(s) ish re subscribed to the within instrument and ac owled ed to ma that; e s /the executed the ame in tsl rttheigr authorized capp;ies), y and that by is erltheir u USA L.Ft'�M : o signature(s) an the instrument the person(s), rthe entity tY Pon W#14M.N behalf of which the person(s) acted, executed the instrument. N0TIAWY"jIX04Mr*W 1P 004"A=A caw M jut*20,2W W ITNESS my hand and official seal. X__ signature of` tary Public OPTIONAL _ _ _ ..... Though the inr'ornnation below is nct required by law,it me prove valuable tc persons ralying on zhe document and'cculd prevent frsudulant removal and reattad*rnent of this lora to another document Description of Atta-ched Document Title or Type of Document:' r► Document Date: �.umba of Pages. :.Signer(s)Other Than Named Above: Capacity(fes) Claimed by Signer(s)- Signer's Name: Signer's Name: Individual; ❑ Individual El Corporate Officer• ❑ Corporate Officer E] Titles(s): ❑ Title(s): Partner-❑ Limited ❑ General Q Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact [l Trustee —=°'t t=-I,t 0 Trustee Q Guardian or Conservator • o- Q Guardian or Conservator • Other: Top of Thumb here Other' Top of Thumb here Signer Is Representing: Signer,is Representing: STATE OF- Florida 55. COUNTY OF Hillsborough On September'28. 2005 before me, . Margaret A. Gnern PERSONALLY APPEARED Denise Taylor personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(tes) and that by his/her/their signature(s):on the OFF[C"IAL SEAL. instrument the person(s), or the entity upon behalf of which MARGARET A.GINEENI the person(s) acted,executed the instrument. Notary P?ul)i°c State of Florida Comm.it DD 176563 Comm Gx�s: !an.8,2007WITNESS my hand and official seal. - — Signature - This area for Official Notarial Seal MargaqOt A. 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 ❑ CORPORATE OFFICER' TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($)OR ENTITY(IES) Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE )o-asp Rev.sisa ALL-PURPOSE ACKNOWLEDGEMENT In Testimony Whereof,the Company hes caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 26th day of October 12004 Arch insurance Company Attested and Certified cs ; COVORATI Joseph S.-L601,C;Orporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing 'under the laws of the State of Missouri, subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts far the uses and purposes therein set forth. , gWiiiX 28,2005 Melissa . il!gan,Notary Public My commission expires 2-25-05 CERTIFICATION I, Joseph S. Labeii, Corporate Secretary of the Arch Insurance Company,'do hereby certify that the attached Power of Attorney dated Qgj2ker 26.2004on 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 theraof and Is in fait force and effect on the date of this certificate; and I do further certify that the said Thomas P.'Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 28th clay of September 20 O5 . Joseph S eN, 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. ,AE it" Mivaut Home Office:Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A. ............ ..................................... .......... .................... ........................................................... ................. ....... POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Anett Cardinale, David H.Carr,James W.Dunn, Denise Taylor, Pamela Miller, Pamela L. Morgan and Kimberly A. Tavernierof Tampa, FL(EACH) its true and lawful Aftomey(syin-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 die same:hidbbe, _dUly ixi&Aid and acknowledged by its regularly elected officers at its principal office In Kansas City,Missouri. This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President,or,their appointees designated In writing and filed with the Secretary, or the Secretary shall. have the power and authority to appoint agents and aftomeys-in-fact,, and to authorize them to execute on behalf of the,Company, and attach the seal of the Company thereto bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified With respect to any bond or undertaking to which itis attached,shall continue to be valid and binding upon the Company. OOML001 3 00 03 03 Page I of 2 Printed In U.S.A. ............. ............................................. A(W- ARCH Insurance Company ARCH Surety NOTICE—DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk insurance Act of 2002, we are providing this disclosure notice for bands on which Arch Insurance Company Is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist act$certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States win pay ninety percent(90%) of coveredterrorism losses exceeding the applicable insurer deductible.