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HomeMy WebLinkAboutMINUTES - 02272007 - C.17 TO: BOARD OF SUPERVISORS:; : - Contra_ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: February 27, 2007 =- y,�or ST'4 COUt'i� � . County SUBJECT: Approving the Road Improvement Agreement for Pacheco Boulevard,Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), 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 Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), approving the Road Improvement Agreement for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Public Works Department has reviewed the improvement plans for Road Acceptance 05-01206(cross-reference Subdivision 05-08984) and has determined that they satisfy the requirements of the Conditions of Approval for Subdivision 05-08984. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. Continued on Attachment: ✓ SIGNATURE: — Ke, ,RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE :APPROVE OTHER r SIGNATURE(S)9L,�� 2aa�e=�� ACTION OF B AR ON Y APPROVED AS RECOMMENDED OTHER V7of SUPEEV ORS �� Ihb certifythat this is a true and correct UNANIMOUS(ABSENT IV6�'77t� ere �' AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LS:vz date shown. G:\EngSvc\BO\2007\02-27\BO-15 RA 05-1206.doc Originator:Public Works(ES) ContactS.Gospodchikov(313-2316) ,yr cc: Public Works- Construction ATTESTED' Current Planning,Community Development JOHN CULLEN, Clerk oft e Board of t5 T—December 27,2007 O'Brien at Pacheco,LLC Supervisors and County Administrator 950 Tower Lane,Suite 1250 Foster City,CA 94404 Attn:Eric Keller International Fidelity Insurance Company 1575 Treat Blvd,#208 By , Deputy Walnut Creek,CA 94598 Attn:Erin Bautista THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 27, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None S RESOLUTION NO. 2007/ SUBJECT: Approving the Road Improvement Agreement for Pacheco Boulevard, Road Acceptance 05-01206 (cross-reference Subdivision 05-08984),being developed by O'Brien at Pacheco, LLC, Martinez area. (District H) The following document was presented for Board approval for Pacheco Boulevard, Road Acceptance file 05-01206(cross-reference Subdivision 05-08984)property located in the Martinez area, Supervisorial District II. A Road Improvement Agreement with O'Brien at Pacheco, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of curb, gutter, sidewalk, pavement widening, storm drainage, signing and striping. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action LS:vz taken and entered on the minutes of the Board of Supervisors G:\EngSvc\BO\2007\02-27\BO-15 RA 05-1206.doc Originator:Public Works(ES) on the date shown. Contact:S.Gospodchikov(313-2316) cc: Public Works- Construction ATTESTED: ��a�ay o2�x a4o,"7- Current Planning,Community Development JOHN CULLEN, Clerk of th Board of Supervisors and T—December 27,2007 O'Brien at Pacheco,LLC County Administrator 950 Tower Lane,Suite 1250 Foster City,CA 94404 Attn:Eric Keller International Fidelity Insurance Company 1575 Treat Blvd,#208 By , Deputy Walnut Creek,CA 94598 Attn:Erin Bautista RESOLUTION NO.2007/ �T SUBJECT: Approving the Road Improvement Agreement for Pacheco Boulevard, Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) DATE: February 27, 2007 PAGE: 2 I. Cash Bond Performance Amount: $7,020.00 Auditor's Deposit Permit No. DP 476514 Date: January 11, 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: 0442412 December 26, 2006 Performance Amount: $694,980.00 Labor&Materials Amount: $351,000.00 Principal: O'Brien at Pacheco, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2007/9� ROAD IMPROVEMENT AGREEMENT Developer: O'Brien at Pacheco. LLC Effective Date: Development: Pacheco Public Works Improvement Completion Period: 2 years Plans RA-05-1206 (Sub 8984) Road: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director O'Brien at PacheeaG California limited liability mpany By: ' The 0 en a ifornia corporatior its Managing By: its (print name&title) jamolalrt, e President RECOMMENDED FOR APPROVAL By: <J (signature) Engineging Services Division (print name&title) 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 S313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer 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 plans for this development 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 improvementplans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to.the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ Vie' cash,plus additional security,in the amount of$ �9 �6)lbo `00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: X Cash,certified check or cashiers check. ($7,020) X Acceptable corporate surety bond. ($694,980) Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. . B. For Payment: Security in the amount of$ 351,000 which is fifty percent(50%)of the estimated cost of the work. Such securityis 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 securities may be reduced in accordance with S944.406 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-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,'"Acceptance," of the Ordinance Code. Developer 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 ESTABLISIIMENT WORK. Developer agrees to perform establishment work for landscaping installed-under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. 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. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,orapproval 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 cqi ditions,hereof.` 8. INDEMNITY: Developer 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 proceedings)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 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 Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,,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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. 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. Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes 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. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system after the improvements are complete. Other(requires County Counsel approval RL:kw \\PWS4\SHARDATA\GrpData\EngSvc\FonnsWG WORDWG-24.doc Rev.Manch 21,2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On ianuary 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 Comm.#1553946 N•mss NOTARY PUBLIC-CALIFORNIA N San Mateo County My Comm.Expires Feb.b.19,2009 NOTARY PUBLIC SIGNATURE (SEAL) COUNTY OF CONTRA COSTA' '' DEPOSIT PERMIT OFFICE OF COUNTY AUDI`T'OR CONTROLLER s MARTINEZ;CALIFORNIAy,� � O THE TREASt1RER' �ECEIVED'f=ROM PUI3ItG WOrkS ORGANIZATION NUMBER 650 (For Gash Gal(ecfion Proceiiufes.See County Administritor's;Bulletin,105:) DESCRIPTION. FUND/OR `"SUB,: "'TASK . QRTIO ACT Y AMOUNT' SU ACCT Sa`IeTax 100 300 06 3,7 34:64', Sale cif Pr�n#s 0Q453,0 993'! REV 660086 140 30;, Sale of Plans&Specs 004506 6A0196 Sake o€Prints 60453Q 6A0026 219.55 Fremlum B1tlyng 000.651 9105 6LO85C 272 Corner;Records 9660 6t088D._ r3 ,101 DA02-Ob015 Drainage Insp 6L076B,.; 4flQ p0 , D'AQ3 00019Landscape Ext,, , ;; _<::. . ,. , s DA 03 p0033 drama°ge tnsp Ext A03 00028 .. . 400 OQ DA 03.U0019 Drainage msp Exf 400.00;° DA Q3 00033Landscape lnsp Ext 400x00`" i FtA03 01151 Road Imp Ext k DAQ2 00016 iandscape'Ext, , ',,��Op;O RA02-01130"'-'Road Imp Ex# 500:00 DA 04 4Q044 drama a Irn Amt g p .J E�rt 400 QO : ,.. Expiana#tan TC)TAL $ A�cctn( :G1'22fl411 ,_X1220466 _ DEFOsIx DepasIt consists of the following'tems Records; 61204108-61264122 �GOt�l�and Gt1RREt3GY $ ..h. - '7�..- Eng Svcs 61220292 G122Q321 Voids"G 1220311-61220313,61220310 EGKs,MO.,ETC. $ 96,24417' ltiuotces 912598,9!2600,912605,;912379,912456;912511,912451,912567 BANK DEi?OSIFS. 'FOR:AUDITOR-CONTROLLER USE"ONLY 912569,912573;.912504,912575,912577,912587,992588,912593 .DPOStT PERMIT- BA'531192,9958,32335,329tt6,14485,n,M199,33'i79,30485,33839,301188 NUMBER DATE,' 476514 �! 11 X116 30935,32910,28123,31782;30823;29550;296 32503,_32520i 32548,.'32840. ASsiQivED The amount of money_°descri ed above is'for " s€ir ure►'sfieceipt'&f above amount is Receipt°of above amount Is hereby'iWidwted&d. �Sctslt itittsth Gia asury ref r�` Signed: Signed: .Wu-'L+'" Da Court:Auditor Dep ''Gou Treasurer..:_ D=34 Rei` 7-9 Jet �s CaUNTY OF CONTRA COSTA f fr OFFl� ,OF COUNTY AUDITOR-CONTROLLER r, t MARTINEZ,CALIFORNIA TOTNEj-REASURER RECEIVED FROM Public W©". ORGANIZATION NUMBER (Foy Cash Calledtion Ptbcedures•See County Adiniinistrat&s Bullefin 105.) DESCRIPTION FUNDlOR SUB'. TASK 'OPT ION ACTIVITY AMOUNT,. ACCT .. NkS 63;-P, 18Agrnt'Ext Late Fee: 00065'1,: 9660= REV:. 61.0078 ,'1,306.12,x' 6076B 6L83P FOS=00050 BA 31.1:92 U.. ..... ,. :3',459.63$, ij SD99 0:8331 BA..9958 . 6L0072 .:" _ .i,808:6Q DPU6 03027...BA 32335.1 : 00352Q. . 5BOOfi4. .. 122 84,, Y ; LP06 02047 BA 32906 580600 1 s7 29,. LOOo9 BA 14465 5B_0.o2s r. ,; 248 P92 Q0; TP06 0003? BA 33109 58,051X 10 74, 4 LR06 02054 rBA.331.79. 580026: 132 :8:1 *3'. r `y r :4.rJ 4"77 xfiS 0MI, 4- ";n `: : -4 22 Z06 11612... ' 33839. aPoS o000 BA 3oo88SBo50A $z'oa ef*Y rP :., i:• 7! 1. ,.;.y •: ;i.,: _..y„ ...`. ,C .,,,i S A' .RF 5�t>3.>+n W r <> 4 . i.LYY3F `R[^Waiw'.i'r,YY. NM1 r,C'.1 E,F05$00624 `Bi4 30935 : MUM' 6L083A Ar ,70 32.:: r MStD 00�?27• BA 32J=10 6L0036 ?740 6L0436 662.26 , E.F04 t0063S.,Ba 28123 6l.083B j 457 2 Explanation TOTAL $ BA'S 33`103,'33213, 33225;:33�t05;"33016 "299,79, 30045, • sa �° Deposit consi`stsof-the following-items 32290,`9969,,145381456229842,27571,3843,28511,.28912,,3,1339,33126, Ct11N and Ct1RR N Y. . ; 33649 GI-tECKS,MO ETC. BANK DEPOSITS,'. ....... . .. FOR;AUQITOR CONTROLLER USE{atVCY .,DEPOSIT PERMIT' Of r, ; NUMBER! �` DATE: � ASSIGNED 'amount'of mnney?descdbed above is'far" '. teasai®i's"reaeipt.of abova`arriount is"" RsaeipV&ah ove"amount'is'fieraby acknowteifgad:"' daFrositintrrthe CtrutstyfitsctryI's fid`" I.,t ,t� S { Signed! Sl&9d de CauatyAuddar . -County,Treasurer Rev..(7-93)i . - 5 • ""`� �t "`COUNTY OF CONTRA COSTA r �'� � , �. DEPOSIT PERMIT �� �; • OF COUNTY:AUDITOR-CONTROLLER �} MARTINEZ, CALIFORNIA T. �. TO THE TREASURER RECEIVED FROM PUb11C w01'kS_ ORGANIZATION NUMBER ;._.' 650'_ (ForGash Collection Procedures See County Adrnini§tratoi's Bulletin 105.j DESCRIPTION FUND/OR SUB TASK OPTIO ACTIVITY'. AMOUNT ACCT $`. E;F 04 0.0636 BA 28123 000651: 9660: RE 6L083A 376 0'S , DP06=03003 BA 31782 Y 0651-4 6L0014 .: 250400;'{ W MS„05 00038 BA;3082-3. " ,; . 003520 580034 539 88? . 000651` , ,276 53 . MS05 00019 BA 29550 003520, 580034 . 41.7.44 000651: 6L0034 SD05 08938 :BA 29546 003520 56QU40 10,550 23; . r 0:00651 6L•0040 ,.: 1`0;550 23!; ' .el. ..,✓'3 ,'mt�S:� .lam- 41,P' t"/ jt ,,q ly.,'Yu$nl.t'Y>. ,» DP0,6 03'034 BA 325Q3.:. 003520., 56GM- 124 , VR06 01'934 BA 32520. 5B044X SU06�00012 BA 32548 t _ .. _.... . ._ .. „ 5B027A 65 41„ q#2u 3Nl,v pinoa#:#y P '. 7L k3-rCh it .1:„ .•}. rm . ., ,] Y"L 3 e..JC7F �.kx'o+. s.J`4 lk`+;'fy I•yl .. ..Yqj 32- ' •- . '. 1aM1 . .�P7 S�v7Te}CY. 1 M;S06 U0.023 BA840 h-` 0.00651' 6L0034 230 44s VR06 01'058 BA 331.03 003520 5B044X 89 TP06-00038 'BA 332:1'3 5B051X 55:76 TP06 OOD39 BA 33225 w _.. 56051X- Explanation TOTAL r r ,. D6' SOS T P 1 $ t o`n s Deposi c ststs of the following item > COIN an d'CURRENt3Y�, CHECKS Mt0'ETC., $ '.. .BANK DEPOSITS $ ' FOR AUDITOR::GONTROL'LER`USE"ONLY.' . ..DEPOSIT PERMITt DP e r NUMBER DATE,.- `ASSIGNED.. .. TheiamouBt:of money described above is far "'` rea$urer's receipYof"above amount is `'Receipf'of above amount is"hereby acknowledged.""" ' '` epos 4-in`to too younty Ireasury Signed: Signed Title: ` EXT. . , ., :. . ... _. .Audior De :Coun Tresurer D14Rev.(7-9.3) - r s✓c3UNTY G7F"CONTRA`COSTA DEF'OSiT PERMIT { OFFE�'OF{CCOUNTY AUDITOR-GONTkOLLER k. d Nei: ' MARTINEZ,CALIFORNIA F TO fHL,TREASURER: RECEIVED.FROM Puo iC Wdrtcs ORGANIZATION NUMBER.; • 650 ilection,:Rtocedures'SeeCountyAdniinistratdrs,Bdl tmio, (For Cash Co AEBGRiPTiON- FtJNDiOR SUB ' ;,?AS!< 'OPTIO ACTIVITY AMflt1NT ACCT.• TP06 Q0044 Br 3340 003520 9660REV., 5B01 24 48 . 3 VR08, 0. 5B044X 2?' 80 SD05 08986 BA299795BQ033 2,70'8 50 MS45 00024..BA 30Q4S .. 5BQQ34 62 SD05„08769,BA31319 5BQ033 _ . . 3,855 8B LPQS fl2Q58 BA 30510 5B0026 i ifi ab'•r x{ .w 1• ; :P < ,; a ; .r; c7.,,.: .f rr4' '''§•1 �.> i ;. 7i"5 4 r":1.S,t.6s^,,:•_ . S•p06 01106 BA32290 00t1651 6LOo33 1,750 57 x SD99 08382 BA 9969 ,. ;6LQ072 1A�2 5Q MS96 0W,7 BAr14538 6LQQ78 30 08 rs.,+. t• :%.. ,..ra, Y z.. .£_ -,u' n. .;u me�+,,.. s'.,. t::,e�o r 5:!at`5,�7 t a' t SD{}D 0848•Bli�14562� �: 00352Q �. , . . '5BQBOC - - 62 38 DP 030'52 BA 21842. Q00651 6LQ80A 902 50' 6'Lt135K° 409 36``` DG04 QQ044 BA 27571 .°, . RAO 4-Q71;62` BA 3343 `, L085 y d3:46 20rt RA04-01BA'28511 6LQ81C 22Qj47 x173 ` 8004 Q8923 BA 28912 ,, 6L0077 429 44 `*,-:. 57_ m. +,.„r tr. i ,+ ,•rus K r � �� r«€ ,..... r rhea,» r T43 ,i EX lanattan TOTAL $ ., , Dep`os3t,'aonsists'of ttre`fa[[orrving Ite COIN and CURRENCY. � CHEGKS,M O TC $ .. . . . . r.; BANK DEPOSITS., $ FOR AtJrOR,CgNTROL_LER USE ONLY,. RERMIT, DP: NUMBER DATE ass�i'v�d mount of maney'des¢ntied'al ove'Is'f0; ”` easurer's raceiiWaf above amount Is Receipt of above artiount is'iieFe6y ack"nbwladg's"ii tteisosit P (' j 5tgneit signed r.., ,,:.,•.EXT..>±�.' r. '.'i �`S. ,.,. . ..,._. _ D® uty County Auditor..Dep —Deputy Count .Treasurer: .. ........... ,. •.. +v,(7-93) . uUNT,6F 6NTRA COSTA DEF05IT;.pERMtT CCDkTOROFFIF ` ROLLER P MAIRTINEZ,CALIFORNIA f(7 THE TREASURER: RECEIVE?,FROM; Public Works .- ORt�ANIZATi4N NUMBER_ 650 {For Cash CDIieCtigt Pt'dddurps See Cdur My Administratoi's.Bulletiti 1 C3E8CRIPTION FUNDlOR SUB ` TASK 0 io ttiCTIVlT,Y AMOUNT .. .. ,.. ACCT:.:.` SD05 0 8957 BA 31339 000651,:. 966Q, REU. 6!,0077 11 48 $R4BA06�T94=SR,4 MT. x';1106 00;019B /►,33126, . :._ . . 0035209660 580Z7A .22.1-4:• scos�o9a54 gA 33449 ... .. 5aoo�3 304 os{, St746 09Q55 8A.33049 :00352'6' 4,19615; Ttl �r z^ +r+t %v c, ,;:: ;I• r ,,, •.: :-: i'" >4.,.. :. "wk s _'"`' f"'"`r +'.. a ^tti'a'ff;st 000651_ 6[.0033 �� . � ,:- 25 9 S,D06m 09t?56 ,BA 33049 > ... OD3520. ;, 5B0033 3,416 08x 000651. 460633 •334.66w-` is Trust Fund 40;469. 960'.] 26,134 00 $19804' b804 81324 00;; ..m kr .,-. 1, #.i 1 h•"`I .,;,.-v`' •:t.- ...cE -, .2 4.w - . ;. .:: 's. ytt+35 ETM` t 7 777, :}5 Explanation TOTAL $ DEPIT- ... .. _:. DepasiYctinsists f th�`fotiowmgatems _-."""" COIN=and CURRENCY $ tr.: Y Y-i•., .<�•1. p� fe`.i^ 7 e.. ih`ia`%i"i,Y.i!"'i:yf CHECKS M.O. ETC: ` $""" -�w., , •w, BANK DEPOSITS. FORAURITOR CONTROLLER"USE ONLY Di~POSiT .d PERMIT DP NUMBER'; ` DATE ASSIGNEQ utiYof tnoney'descttbedxbove is`fdr Ti ar's recatpt of akiove amount is '° "Rece�gt:df;above amount is tiei eAy ackriowieiigeci: • p"o 1t`[riC6 th—d- U it ty Treast "ury 0 � t ( StgRed. EXT;. De Cou AudNor.;_ Deputy county draasumr (7-93} 4 0649-9665/ 112300: 61220292, $13,734.00, SD 03-8791, Plan Check, Appian Way Sunrice, LLC , 164 Oak Rd., Alamo, CA 94507 0649-9665/ 112300: 61220297, R53163,$ 500.00, Record of Survey Review, DeBolt Civil Engr, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665/' 112300: 61220298, R53162,$500.00, Record of Survey Review, DeBolt-Civil Engr, 811 San Ramon Valley Blvd., Danville, GA 94526 0649-9665/ 112300: G1220299, R53161,$500.00, Record.of Survey Review, Moran Engineering, Inc., 1930 Shattuck Ave, Suite A, Berkeley, CA 94704 0649-9665/ 112300: G1220308, R53164,$500.00, Record of Survey Review, Kier & Wright, 3350 Scott Blvd., Bldg 22, Santa Clara,SCA 95054 0649-9665/ 112300: G1220309, M503-00018,$1,000.00,.Additional Deposit, Ted Liu, 4045 Balfour Ave., Oakland, CA 94610 0649-9665/ 112300: G1220317, DA 04-00044,$2,000.00, Storm Drain Crossing Insp, Danville Tasaajara Partners, LLC, 6121 Bollinger Canyon Road, Suite 500, San Ramon, CA 94583 0649-9665/ 112300: G1220318, RA 05-1206, $7,396.00, Landscape Inspection Deposit, O'Brien At Pacheco, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404 819800-0800: G1220318, $1,000.00, RA05-1206, Cash Bond, O'Brien At Pacheco, LLC, 950 Tower Lane, Suite-1250, Foster City, CA 94404 819800-0800: G1220319, $7,020.00, RA05-1206, Cash Bond, O'Brien At Pacheco, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404 Belmont Terrace Subdivision: Bond No.: 0442412 i Premium $8,340.0 0 My claim under this Bond should be sent tot571 address, Suite 208 Walnut Creek, CA 94596 ) IMPROVEMENT SECURITY BOND I FOR SUBDIVISION AGREEMENT i. (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) I 1. RECITAL OF SUBDIVISIONAGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinatter'County')to install and pay for street,drainage and other improvements in Subdivislon as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. *Belmont Terrace 2. OBLIGATION. O'Brien at Pacheco, LLC a California limited liability company ,asPrincipal,and InternatibnaT Fidelity Insurance Company I a corporation organized and existing under the laws of the State of New Jersey and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it i Six Hundred Ninety Four Thousand Nine Hundred (A. Performance and Guarantee) Eighty and NO/10 0. Dollars(S 694,980.00 )for itself or any city assignee under the above Subdivision Agreement Three Hundred Fifty One Thousand and NO/100. (B. Payment) Dollars($ 351,000.00 ►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 Code of the State of California. 3. CONDITION. This obligation is subject to the following condition. j A. The condition of this obligation as to Section 2.(A)above Is such that 9 the above bounded Principal,his or Its heirs,executors,administrators, successors or assigns,shall In an 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 his or their 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 t As part of the obligation secured hereby and In addition to the face amount speed therefor,there shag be included costs and reasonable expenses arid fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment 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,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or tabor thereon of any kind,or for amounts due under the Unemployment Insurance Ad with respect to this work or labor, and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,In addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)In succesatuily enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be Included in the judgment 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 shag be and remain in full force and effect I C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to'be performed thereunder or any plan or specificatons of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shag relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2619 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNED AND SEALED on December 26 20 06 O'Brien at Pacheco, LLC, a California Principal i i m rPrm m;abi m,ry rmmpany Surety: International Fidelity Insurance Company Address: 950 Tower Lane, Suite 1250 Address:1575 Treat Blvd. , Suite 208 Foster City, CA 94404 ZIP: Walnut Creek, CA Zip: 94596 *By: The O'Brien Group, a California corporation its Managing Member , B : B: Print Name: 1n a Print Name: Erin utista Title: CFO Title: Attorney-In-Fact [Note:All signatures must be acknowledged. For corporations,two officers must sign, The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313,)] Form Approved by County Counsel [Rev.9103] FLFHnd4 WSubAgmmpSecaond.9.03.wpd - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On January 2,2007 before me, Frances Gould,Notary Public DATE NAME&TTT'i.F. 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. FRANCES GOULD Commfton* 1586477 Notwy Public-Codfwft Son Mofeo Courcy MyComm.Exj*mJun 10, TARY PUBLI IGNATURE (SEAL) 4 California* All Purpose Acknowledgment State of California County of San Mateo On December 26, 2006 before me, Jean L. Neu, Notary Public Date Name &Title of Officer/Notary personally appeared Erin Bautista 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 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 instru JEAN L.NE WITNESS my hand and official seal. 'Q4, COmmlSaion#E 1626ST8 Notary pubic.Cd#0Mla San 1ateo Cv^ MVCWM-EVkMDW21,2004 Notary Public -- OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City 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 attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,,any and all bonds and undertakings,contacts of indemnity and other writings obligatory m the nature thereof,which are or may be allowed, required or permitted by law,,stature rule regguulation,contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said IN tRNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is 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 INSURANCI+COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint 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,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attomey-in-fact and revoke the authority given. Further this Power of Attorney is signed 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 the 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 facsimile 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. DEITY/N�. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,A.D.2003. � INTERNATIONAL FIDELITY INSURANCE CO SEA r 1904 STATE OF NEW JERSEY p County of Essex �H/ �► Secreta On this 29th day of August 2003,before me 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 INTERNATIONALELITY NSURANCE COMPAN$;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. MARQ& IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. NOTARY O PUBLIC y�'t'JERS� 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 I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts 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 IN TESTIMONY WHEREOF,I have hereunto set my hand this 26th day of December, 2006 Id ^Lt l Assistant Secretary 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." Dated: Q 0 Signature: ---y Dennis O'Brien 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 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." Dated: Signature: Dennis O'Brien 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: I I-L4 Signature: Dennis O'Brien 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 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: 01- Signatur Dennis O'Brien 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: �--• S�' Dennis O'Brien 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: Co -,2-7-0 1 Signature: i . is