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HomeMy WebLinkAboutMINUTES - 02272007 - C.10 SE TO: BOARD OF SUPERVISORS �� = Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C, D DATE: February 27, 2007 County SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 05-00058 (cross- reference Subdivision 05-08984 and Drainage Area 57, Line B), for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ `� for Drainage Acceptance 05-00058 (cross-reference Subdivision 05-08984 and Drainage Area 57, Line B), approving the Drainage Improvement Agreement for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONN: The developer of Subdivision 05-08984 is required to construct certain drainage improvements per Drainage Area 57,Line B plans. This improvement agreement will guarantee installation of those improvements and allow filing of the Final Map for Subdivision 05-08984. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement will not be approved and the Final Map for Subdivision 05-08984 may not be approved. Continued on Attachment: ✓ SIGNATURE: ~ _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _.APPROVE OTHER SIGNATURES f ACTION OF BO ON G GGGbY APPROVED AS RECOMMENDED OTHER voE of SU=N I hereby certify that this is a true and,correct VV UNANIMOUS(ABSENT � �) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LS:vz G:\EngSvc\60\2007\02-27\BO-20 SD 05-8984.doc Originator.Public Works(ES) Contact:S.Gospodchikov(313-2316) 2 cc: Pubic Works- Construction ATTESTED: J tmo T—December 27,2008 JOHN CULLEN, Clerk of e Board of O'Brien at Pacheco,LLC 950 Tower Lane,Suite 1250 Supervisors and County Administrator Foster City,CA 94404 Attn:Eric Keller International Fidelity Insurance Company 1575 Treat Blvd,#208 Walnut Creek,CA 94598 By , Deputy Attn:Bryan D.Martin THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 27, 2007 by the following vote: AYES: Gioia,Uilkeina, Boiiilla; Glover and Pieph6 NOES: None ABSENT: None ABSTAIN: None r --` RESOLUTION NO. 2007/ SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 05-00058 (cross-reference Subdivision 05-08984 and Drainage Area 57, Line B), for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) The following document was presented for Board approval this date for Subdivision 05-08984, Drainage Acceptance file 05-00058,property located in the Martinez area, Supervisorial District II. A drainage improvement agreement with O'Brien at Pacheco,LLC,principal,whereby said principal agrees to complete all improvements,as required in said drainage improvement agreement, within two years from the date of said agreement. Improvements generally consist of drainage improvements per Drainage Area 57, Line B plans. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: LS:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\130\2007\02-27\BO-20 SD 05-8984.doc and entered on the minutes of the Board of Supervisors on the date Originator:Public Works(ES) Contact:S.Gospodchikov(313-2316) shown. cc: Pubic Works- Construction �G,6rw�yy T-December 27,2008 ATTESTED: O'Brien at Pacheco, 950 Tower Lane,Suite 1250 JOHN CULLEN, Clerk of the oard of Supervisors and County Foster City,CA 94404 Administrator Attn:Eric Keller International Fidelity Insurance Company 1575 Treat Blvd,#208 Walnut Creek,CA 94598 Attn:Bryan D.Martin By , Deputy RESOLUTION NO.2007/ �✓ SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 05- 00058 (cross-reference Subdivision 05-08984 and Drainage Area 57, Line B), for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District H) DATE: February 27, 2007 PAGE: 2 I. Cash Bond Performance Amount: $9,540.00 Auditor's Deposit Permit No. DP 477233 Date: January 25, 2007 Submitted by: O'Brien at Pacheco, LLC Taxpayer identification number: 20-2401343 II. Surety Bond Bond Company: International Fidelity Insurance Company Bond Number and Date: 0442426 January 17, 2007 Performance Amount: $944,460.00 Labor&Materials Amount: $477,000.00 Principal: O'Brien at Pacheco, LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RES'OL UTION NO. 2007/-'-_ >t DRAINAGE IMPROVEMENT AGREEMENT Subdivision: Sub;' 8984 Belmont Terrace DA 05-00058 Effective Date: Drainage Area -Line B Developer: O'Brien at Pacheco LLC, a California Completion Period: 2 years limited 3_a > ity company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M. Shiu,Public Works Director O'Brien at Pa o, LLC, a California limited liability com an By: e 0'Br, en ro p, a lifornia corporatior. its n ging er By: (Signature) (Print Name and ills ameS P61 t, Vice President RECOMMENDED FOR APPROVAL l rZl/ t V (� �� By: (Signature) Engine ng Services Division (Print Name and Title) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ 9-540,00 cash,plus additional security,in the amount of$ 944.460.00 together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check,or cashier's check. ($9,540.00) X Acceptable corporate surety bond. ($944,460:00) Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 477.000-00 which is fifty percent(501/6)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 letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing .labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and.upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Developer agrees to correct;repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or,acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer 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. 3 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied, or reviewed 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 from any negligent or willful misconduct of any Indemnity. S. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 work by contract or otherwise,and Developer 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: Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RL:kw \\PWS4\SHARDATA\GrpData\EngSvcTonns\AG WORD\AG-17.doc Rev,April 6,2000 ,1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On Tanuary 4,2007 before me, Debra Hamilton Notary Public personally appeared, Tames Pollart 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 the person(s) acted,executed the instrument. WITNESS my hand and official seal. DEBRA HAMILTON NComm.#1553948 �s NOTARY 111111,11111011ASan I— (I) qMy Comm.Expires Febt19,2009r NOTARY PUBLIC SIGNATURE (SEAL) 1 e iF a . �i id fi --'21 g COUNTY OF CONTRA COSTA �]I:,_-�-�,IrL..�.L.r�r;laL...II.L.��--��.)--',-%I,,,-.::..,rI,-.r,,d_..-I..I�-L.I-1��:!r',II.r-",.,_�---.-r.L.:IL:,'L.,..LL1.:%;I I-7,�r.-,.,"+'I...i.�...::..:.�..�",�L...i�;�..',�.r,'�_.,_.��.,.".7�ri,-.1�.�.r.r�.-L�,4L...I�,r��..��I'—,l.1.'--r..'��r'.r I"..,"�,,,:.�.��I':tL��-.--�r­..a I�,1-!— V. 11 A. c } DEPOSIT-Pk ` a`"1'A `,I; F . 1 O FICE OF COUNTY AUDITOR CON ROLLER MARTINEZ CALIFORNIA TO THE TREASURER RECrIVED FROM Sz ` `" ""'" Pub(fc Works ` ORGANIZATION NUMBER 650`; .:` ,CE,V , .„ AN 2.9 2007; VCS�:: c{ ��NN����'',��. r. (For Cash Collection Procedures:5ee Cou bru�'trfltu $ i. .letln..1 .5)? DESORIPTION `. : ' FUND/OR SUB;; TASK PT.6ACTIViY NT,l5 r r ti . ACCT I. , n., Sales Ta'x 0 7 10030Q 637 1" �9:� g915 .'. ':is t ( b .S S '+,+ q4,":. r+.. '. ,. .: I t.,'��'1 S ale of Prints U04530 9931' REV 660085._, •. . .1 26?? t 4 d w- 7 ti N .A .t. Y Sale�of5f?=rims 6AU026 70 OOw� }-} : t , . Sale'of`Plans & Spe`cs 00450.0 s 6A0196 105.30, s b e 1 C orner'Recortls 000651 9660. 6L088D .",}60`00;1 F806 00080 ., . z. ,s 6L083PV. :;2,00.0.00;,,r t RA02 0;1139 Ufi-dscape Agmt Ext 6L076B „y250'QO . �' DA03 00030 ` p, ""D, „ p4 3 25 OOK , r , . +, t; } k;4 v 3 RA03 01148 _, ::. rs x ,. LL. ,1.,,.. -::. .,''r ..n. Oto '`250' '` s RA03 01'149• Road Imp Agmt Ext - 250 UO . ;fd.jrc, A00 00'007 Dralnage Imp Ager, Ext '250 OOF D, _, , z. rf,t, � RA00 01.102 Rd Imp.Agmt-Ext ..?.4 ". ...:�250,005i . .4 . : ,.1.; �... 4 F t:c: ttl S`1!'q ,s'. :i :� ,: C.: �, RA00 01:102 %"',+,_ .. - 6L085G 11;156+69 it aid ;. r , 5 ,, 6L085H . . 3;622,77'`., -- < : V DG05.00'58, Plan,C'k : . ., 6;7 6L085J,•.... �3 881,1 �, MS05 0038 CDD`COA Comp Ck 003520 5B0`60C. ;500.00 Y Explanation TOTAL $: &&togs,'G1220'514 6/220539 oEPosIT 169;9,13 OU ,k A .. Deposit consists of the following items m Eg 61220322 61220343 "" n COIN and CURRENCY $ 82 72`' Svcs 'L1:,��ftL. Records 61204123-61204135;. chi-MCKS M.O ETC: ; $ 169;830 28 ' 11�, . <„�,. t, Irivolces:,912572, 912612 912618 91'2621 950595 912625,912548 912549 BANK DEPOSITS . - FOR AUDITOR-CONTROLLERUSE ONLY . 912538, 113 S 33363,3.2.234, 30719, 31'486, 27285,29955, 30247,24613,.30966, -' DEPOSIT PERMIT DP -. 26409, 1'6203;. . :" .;, NUMBER ° r�� D _. A . ATE :,/ .. I . 1 ASSIGNED,.. - . .. t rt, Ths'amount of money descri6edrabove N for ,` Tre urer's receipt of.'above amount is: `Receipt of above amounYis'hereby acknowledged.' L, into the County Treasury v ��r"L'�..0-,4�"..�--r..,�,�.L��:r:,,L,r'...��.��",�0�r L;,.,�rr��,'r.''`%.-��,,�r­�.,L..L'�:L.I�1�j,,.r-,r:_,,��,,,,.'q i,—:r 0._I-,4 rI,�­:,:,rr'�,.;L,',�.,'��r.I_0�I�L�-�-,L�iI��'1�L.� r t h 1)C� Sig'` t d'� : i t if Date 1. l ;'h, �:u %, ' s e C'1:� w ;� z: Tk . C % ;EXT: ".:rt` :;pill �•" ',. . .` ' DepCounty ud'Aoc , 'DepW County Treasurer ..!G•�'i . i a 1 hC r t , e „ t ° ; < .* � i `COUNTY OF CON RA_COSTA t t',i DEPOSIT PERMIT < , x ,` h i' 7 F '! 1 . OFFICE OF COUNTY AUDITOR CQ' ROLLER ;� t`-- MARTINEZ,CALIFOR �, TOTHE TREASURER ,, L: w z, x a a•,.,> r •l � .,p�. r, �.; , � f.:il ,>+k-« ,+.aa-,Ava,,Y?.t:c za. RECEIVED FROM 3, A P'UbIIG WOPICS ORGAI�iZATION NUMBER 65O '. ; �; r - . 11 y y i i! a �� ! i 1 i ,',1 t,jx ' 5 ,.. „- , . .._. (For Cash Colle1.ction.Procedures See County Administrator s;Bulletln,105.) DESCRiPTiON FUND/OR SUB TASK OPTIO ACTIVITY r, 'y fAMOUNTSsSr; ,'f 1. : j s - t v r T. 1., /ACCT- S s 1. I < < 1. $ts { � .:�y �n . qtr apt 1S Rent Pynnt Jan �Iar„07, i £' _ 000678;x 9191 REU` ”; 665575 {�i y `'`` .:i `-,`Al.:1J.030;�0'Qk 5 �. i a r t e4.,; t t m. a *y,, ,c }.-udi �Y:k , :-i&,I>c R 1 4�. r S ii Land"Lease 1/07 - .- ,76i5`U"0,; 6V,{jry ii ,='i . A t !'s'" jS 1:4 s,-ire_"G 5 li' S �t•.,'lbY'n N++,q",i1.h,'nq!ArN., P Ger,.'attti7 `�`• ,,� - a 1 w - t. z + e ,li�pzi S i {nd4950595 Ratliff ��_ 1. 004527; 2310; 927SAS =�U X50�0„0 ; _11- .. .. 4 r •1i°Y°>�t S rt t t _ r ti 4 r v r t _ i ? t'�.YtyA ..AAt Ar'�,S - i , t M R qk 671. S i , MZ QA 40 A ' 0:07565'. 9140 240 48; S iy� tk, {� a: r ,e z 1 '1 ii t �:,” {" r ti Y�"' eek�'a -y '�6 1 ;� L *%.At. giita 4 it e j' MZ DA 72 0`0754 ' _ A.it. "a,428 64� i e ty, dt lh, c r; cn A .e a. �a,G w- 1.*c < ,ae >u� ` t >`l"6..it i!,%. ;. MZ flA 87 -,. 007585 >,> r_ rR> k62110°�A , _.... .._ . �; x, w MZ,.DA 57., 007538` 46.� <a r ?k`�73�72O,s 5, t a �rrr :. x t 1. vtti 1}l4uii+.11, �5 MZ DA'.• 007597 �x p9 66'87u n �, �xf�� ;rj', y 5u 06`00026 BA 33363 . . Ob3520 9660 RE�U,_ 5BQ27Af , k r <..t`' 1111 , ay2567„r k LR 06 02021r.B'A 32234 �� '5BOD24�� 1111, . 98£39t�l �' i h' 1tP`Yl M$ 05 00035 BA 30719 5BQD34S-I 9481. 784 MS 05 0,0050 �BA 31486 J _ 800�OU`' 1�1F _ ; � + isct� Y afrp.4 a MS 04 Q",_i t:BA 27285.. } : . .. ... - • y,., r 1 29-5 f - "*f�.vr:vrt�k y xat. : ., r ,.�,4£ FS'05 0&OU38 •BA 299:55 ., '. . 000651:' 6L8:_7 V._. . ._. __�.2:45.506 LP, 05 02051 ;BA 3,02471:11 . _ it ,. 6L076A ,30,7 23kr , $;> LP`03 0'2`052 B`A 24613' % . „ `. :. 6L0029- 1. _191�6r7 ExplanaIlition % TOTAL $ ,y DEPOSIT ,,* Deposit consists of the following items ; 4 COIN and CURRENCY $ i. s, M CHECKS Z Vit' .. . ',k� Y jd ., i. BANK DEPOSITS $: . % FOR�9UDIT:.OR-CONTROLLER USE'ONLY _ ”" . DEPOSIT. r . L. 4 . PERMIT DP 1; ' . - r � x` NUMBER DATE :I..,$,:.� ,SSI!3 . - r7 r'k '1 ��.. The"amount of mone :described above is for 4Treasurer's recei t of hove amount is `Recei t of above amourttlherepyc�n`owlg�g�d �!_ deposit into the County Treasury �sy g'%ed�/ ay t o r f l Date I l e t .1V4 7f roh 1. 1!pY P}r,ph„ I'll ': P0. 1 _ .i ,t, Signed.. Signed w�I i"'.. .y 1 71114...+ /,:r,u. .EXT. ",: ;"'`,� (:/' �;: De ufy Cou 'Audftor --De put count Treasurer _ .�•i t D,3 -I?ev (7-9y��!() y. ( .t t L.t c ,:z �0c, 1 t , > :'§,r'�at, 0 r+ t A 5 4 z rt tt ,,� t t fit COUN Y DF CONTRA COSTA' DEPOSIT PERMIT r `' OFFICE `�11: . ,�. OF..�000 NTY AU ATOR"COC 'T O LER . Q ,�C?NTR L f MARTIiJEZ;,GALIFOR151A f TOTHETREASURER Fr� � »errmaerwza.0 RECEIVED FROM (U -. ," x-.- ., , r 1. 1.PubIIC Works OR6IZAT(ON NUMBER 65U>t .: .. t '4 �, r. t 1r,. .: ! w ti t` i t b f-,C W .,. :: p S 2I., i '4 t,�. Y5' 5 1 t�:�l A ,.: ., ,, ,__.:. , ,_.,. .. A.._._ ... [.,Y= (For Cash Collection,Pro'cedures See,CountyAdministratorsFBulletln„105'); DESo 1,CRIPTION FUND/OR SUB' 7ASK OPTIO r 'ACTIVITY '�' ., ;ti;` ,*AMOUNT ;�tA .,,.. :: ACCT111. .1 ,,1s. i r`;Jf' r r t „t z °t tp i i V 1~505 00044 BA`30966. ti i t t,*.O.'%, �'; 1. 000651, 49660 REV , . .,:..; 6L8.3PU :, . _. _; .,`,{...=z..._:. 1ye56 35:,, a',, , `. c t i 1. st `� w z t r ) a Y i 4. s i. 3 ��r r d'Y`3'1��r��A:a'X LP04 02012 BA26409 { i 003520; BO 5 00< 5 029 30 p �, r, .. :. 7 ;1 a 1:'.t 'i>'R'I 7 41 S�f1.. 4 YV.Iv 4,Y�l.LW'' �'"”' ,Y 3 t it �. 6.6_ - } i Ir ,�'�tw, �� QD0631 % � _ ' 6L6029` s. � , '.. 3�0,�00 a 1.6 'k S .� t -.� E 3 - 5{ 1e.� r "I ILP94`02`O80',13A 167U3 003`520w` 5B0029 '52F30yt f 7 w,': y ! ': ... 24 L s, b C,.w N sa s :,,+ r'i,•-.i .r ,ti % —19 } , u., � t w r :y,4 r +. i U uv aq�p v -4i Wdy, �,�,q'� 000651 6L0047 111 �1i0 a).7 1 16.d,ptt z�. ..71,t a t .�,_ .r, .;' i$!f Y e ti kl tw 6L0 A .11 ' E ,r '�k .11 + , z r. ,� 4 X144 ., .: f ' h .11 91_ .::. :4 '- 1 r'ri 1 Premium Billingll 11- 912625 4 9'105: t t f r l* 14 11 _9� a 1, L r 0 6 085C 10 0 I 5 �' ;01259'5 " "6 0� .; .:., .. ._ Y xr 0. i N Inv 992548 ,, , ,- ,. ,7 1 , ,zfi k ..K- s -,.,y. BL082E ,,�, , ...� ' ' 4;23932" Ifiv 9125'49 '1t '. y .. ...v,, - - -' - 4,177 s5. % - 11: . a r v t u arrA.� Inv 912538 X26' ' ..._ .Y 623` YY� .. j ..i v,�,�a1 ti 4, }S11M IP ,ry Trust Fund ;,` 000649 9.665 70,651 O0 u 819800:: 080:U .,.9;540}OU•�, t 'r tY:>o' k . , .:. „r.. ,,'. J.:. . i y. 1 ,:. i `r Explanation 6. 9 TOTAL 9,. ,. DEP,051T $- Deposit consists of the following items. ''., a . CQ11�I.1q Cdr U,;RREN CY ;$, r , . CHEEKS M O E C. , , ..-. ,.. """�.. . . BANK DEPOSITS $ . . FOR•=AUDITOR CONTROLLER USE ONLY 'DEPOSIT 't PERMIT DPi K �.'''jr f ,lL.i.. NUMBER 119. a DATE / 7 ' % ASSIGNEDsl_ I The amount of mone described"above is for ' . Tre urer's receipt of above amount Is ' Receipt of above.amountis herebv acknowletlaed. A� deposit Into the County Treasury --'" "' 1 t9. � + ' i.i ` , r '81, ed i, v i ) /,s ©ate f.lr/� _ '' ; p ta{f «e« x {avb r ' f , , �,� r ';� , Signed:' Signed f Title:, %. r EXT.'-. ) ". �' - Deput"-CountyAudhor De` Count.Treasurer 9,—,," D-34—Rev.(7=93) i, • - ' 819800-0800: G1220336, $9,540.00, DG05-0058, Cash Bond, O'Brien at Pacheco, LLC, 950 Tower Ln., Ste 1250, Foster City, CA 94404 0649-9665 / 112300: 61220327, $500.00, R5 3166, Record of survey Review, Virgil Chavez Land Surveying, 721 Tuolumne St., Vallejo, CA 94590 0649-9665 / 112300: G1220333, $2,175.00, SD04-08856, Map Check, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1220335, $13,398.00, PA 04-00019, Plan Review, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1220336, $46,430.00, DG05-0058, Cash Bond, O'Brien at Pacheco, LLC, 950 Tower Ln., Ste 1250, Foster City, CA 94404 0649-9665 / 112300: 61220337, MS 05-0038, Duval Construction, 8642 Terrace Dr., EI Cerrito, CA 94530 $1,550.00, Parcel Map Check $4,598.00, Improvement plan check deposit 0649-9665 / 112300: G1220341, $2,000.00, RA 00-01102, Road Acceptance Inspection, Windemere BLC Land Company, LLC, Land Company, 6121 Bollinger Canyon, Suite 500, San Ramon, CA 94583 i 1 Development No: DA 05-0058 Bond: 0442426 Premium: $11,334.00 - Two Years Subject to Renewal t 1 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AND labor and materials) O'Brien at Pacheco, LLC, a California limited liability company 1. OBLIGATION: (Principal), as j Principal, and International Fidelity Insurance Company LS ')� a corporation organized and existing under the laws of the State of New Jersey �. and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Pefformance,&Maintenance:Nine Hundred Forty Four Thousand Four Hundred Sixty Dollar ($ 9441,460.00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus i. B. Labor&Materials: Four Hundred Seventy Seven Thousand Dollars ($ 477,0 0 0:o o )for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Belmont Terrace as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder j in order to satisfy the conditions of approval for Belmont Terrace I i 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors,subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. i No alteration of said contractor any plans or specifications 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 alterations without fiu•ther notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken;and agrees that if County sues on this bond,Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. i 3. CotvntTioN: 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's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. I B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the i undersigned as corporate surety are held firmly bound unto the County of Contra Costa andall 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 them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently-of any action against Principal whenever taken. SIGNED AND-SEALED on January 17, 2007 O'nnBrTTil1ee�n,,a`t Pacheco, LLC, a California limited liability company PRI CIPALBy: The O'Brien Group, A California Corporation SU"Ty I erriati al F' ity Insurance Company its Managing Member /.1 By Car A E,44/; cfp By, yan D. 'lvlarti ttorney-in-Fact Address 950 Tower Lan #1250, Foster City, 'CA 94404 Address 1575 Treat Blvd. , #208, Walnut Creek, CA 945;98 Ot10 D&t&\E SvcVo 1BN WORMN•10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On Tanuary 17,2007 before me, Frances Gould,Notary Public DATE NAME&TITLE OF NOTARY PUBLIC personally appeared, Caryn E.Kali personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. PRANCES GOULD Commission# 1586477 z y Notary Public-Calibrnia San Mateo County My Comm.Explres Jun To, /NOTARY PUBLI I ATURE (SEAL) California All Purpose Acknowledgment State of California County of San Mateo On January 17, 2007 before me, Jean L. Neu, Notary Public Date Name&Title of Officer/Notary personally appeared Bryan D. Martin Names(s) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my ha d and Oficial seal. JEAN L.NEU Commission# 1.626528 Z Notary Public California Z ° <. San Mateo County idly Comm.Expires Dec 21,2009 Notary Public -- -_-_ OPT/ONAL===-=_____________________________________ (The information below is not required by low) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc i' 1 Tel(973)624-7200 POWER.OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE ONE NEWARK CENTER,20TH FLOOR NE W WARK.NE JERSEY,-07102=5207 KNOW:ALL MEN BY',THESE PRESENTS" That E'4URNA17IONAI`FIDELITY INSURANCE;COMPANY, a corporation organized and existing laws of the State of New Jersey,and having rts.princrpal office m the Crty,of Newark;New:Jersey,does:hereby constitute and appoint BRYAN;D MARTIN,B A POITEVIN, JEAN L NEU ERIN BAUTISTA'. Redwood CIty CA ........ ....... ... .... ............... .............. ...........; its true and lawful attorneys) (s) -fact to execute seal and deliver for and on its.behalf-as surety:anyy and all bonds and undertakings,contracts of indemnity and other writings"obligatory m the nature thereof;which are or may be,allowed ;required or emutted by law,stature, rule, regulation,contract or otherwise, and the execution_:of.such mstrument(s) m.,pursuance of these presents shall'be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY; as fully:and amply to alf intents and purposes as if.the same-had been duly executed and acknowledged by its regularly elected officers at its rincipal:;offce 74 This Power of Attorneyy rs executed and may be::revoked;pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day ofFebruary, 1974. The President or any.Vice President Executive Vice President Secretary or Assistant Secretary,shall have power and authority ' (1)To appoint Attorneys rn'fact and"to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakuigs,contracts of indemnity,and other writings obligatory,in the nature thereof:and, {2)To remove at any time,any such attorney-in fact,and'revoke the authority given. Further chis Power of Attorney is,stgnt and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April 1982 of which die following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile and any such power Of attorney;or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so:executed and certified by facsiinile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ty/p b IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be pop- G signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,A.D.2003. c,O SEAL> �n INTERNATIONAL FIDELITY INSURANCE CO o n+ r Z 1904 STATE OF NEWJERSEY County of Essex �H/.' �► Secreta On this 29th day ofAugust 2003, beforeme came the individual who::executed the preceding instrument, to me personally known and, being by me duly sworn said:the he is the therein described'and authorized officer of the . INTERNATIONAL FIDELITY INSURANCE COMPANY';that the seal affixed to .,:':'.said instrument is:the Corporate Seal of'sard Company that-the:;said Corporate Seal'and his signature were duly affixed by order of the Board of Directors of sard:`Company. MARS IN TESTIMONY WHEREOF I have hereunto set:my hand affixed my Official Seal, Q` at the Ctty of Newark New Jersey the day and year first above written. _s,NOTA R Y.. PUBLfC �. 'A* JEF�S� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov:21,2010 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that have:compared fhe foregoing copy of the Power of Attorney and affidavrt''.and the copy of the Section of the.By=Laws of said Company;as set.fordi in said Power of Attorney,with the ORIGINALS ON IN-THE HOME OFFICE OF SAID COMPANY and that the same are,correcf:transcriots thereof,and of the whole of the:said originals,and that the said Power ,:: **,:of>Attorney has not been revoked and is now:in full force and effect ,3 .. . IN.TESTIMONY WHEREOF,I have hereunto'set my hand this 1:7 th day of January. 200 T 6� , . sss rtant i I i RESOLUTION I, Dennis O'Brien,President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on February 1, 2000. "RESOLVED that Charles K. Schoenberger, Senior Vice President of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." i Dated: - -o C3 Signature: Dennis O'Brien i i I i i I i I i RESOLUTION i i i i I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on October 14, 2002. "RESOLVED that James F. Pollart, Vice President of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." i i �0-l�f-oa- ' Dated: Signature: �-� Dennis O'Brien r i i i i t i RESOLUTION I,Dennis O'Brien;President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on November 4, 2002. "RESOLVED that Penny Taylor, Assistant Secretary of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: 'U Signature�_�=— --`—� ---- Dennis O'Brien j i . i i I J i I i ;I 1 RESOLUTION I, Dennis O'Brien,President of THE O'BRIEN GROUP, a California I Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on September 3, 2002. "RESOLVED that Larissa Abeling, Vice President of this Corporation,is authorized to execute any and all documents on behalf of this Corporation." Dated: Signatures----', Dennis O'Brien I j I i. i RESOLUTION I,Dennis O'Brien,President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on February 1, 2000. "RESOLVED that Stephen J. Zales, Executive Vice President of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: Signature: Dennis O'Brien i I i i I RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on June 27, 2001. "RESOLVED that Caryn Kali, Chief Financial Officer and Treasurer of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: G - Signature � : i i i I