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HomeMy WebLinkAboutMINUTES - 03082005 - 2005 RES 121 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 8, 2045,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, NOES: NONE ABSENT: ABSTAIN: NONE RESOLUTION NO. 20051 121 SUBJECT: Approving the Road Improvement Agreement for Waterside Place and Edgewater Court, RA 04-01180, Subdivision 80-06013, being developed by LBL-DUC III Bethel Island, LLC, Bethel Island area. (District V) The following document was presented for Board approval for 'Waterside Place and Edgewater Court,road acceptance file RA 04-01180(Subdivision 80-06013)property located in the Bethel Island area, Supervisorial District V. A Road Improvement Agreement with LBL-DUC III Bethel Island,LLC,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road and drainage improvements. 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 taken and entered on the minutes of the Board of Supervisors Originator: Public Warks(ES) on the date shown. Contact: C.Lau(313-2293) 3D:nn G:\GtpData`EngSveSON2005\03-08\RA 04-01280 130-15.doc ATTESTED: MARCH 08 200 cc: Public Works-T.Be.],Construction T-1Planning,Cammwvty Development -8-o� JOHN SWEETEN, Clerk of the Board of Supervisors and T—1-s LBL-DUC III Bethel island,LLC County Administrator 14147 Winchester Blvd.,#H Los Gatos,CA 95032 Atm:Joseph P.Fanelli Arch Insurance Company 1351 .los Robles Ave.,#825 By Deputy Pasadena,CA 91101 Atm:Raymond E.Gail RESOLUTION NO.2405/ 121 SUBJECT: Approving the Road Improvement Agreement for Waterside Place and Edgewater Court, RA 04-01180, Subdivision 80-06013, being developed by LBL-DUC III Bethel Island, LLC, Bethel Island area. (District V) DATE: March 8, 2005 PACE: 2 I. Cash Bond Performance Amount: $5,700.00 Auditor's Deposit Permit No. DP 439516 Date: February 17, 2005 Submitted by: LBL-DUC III Bethel Island, LLC Taxpayer identification number: 20-0922886 H. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5007668 February 3, 2005 Performance Amount: $563,300.00 Labor&Materials Amount: $335,000.00 Principal: LBL-DUC III Bethel Island, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/121 ROAD IMPROVEMENT AGREEMENT .r Developer: LBL—Due III Bethel Island LLC Effective Date: Development: Subdivision 6013-Phase.3(RA 1180) Completion Period: 1 year Road: Waterside Place Edgewater Court THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: C k a V ts;g,m�ure� Lewis V.Milligan—Partner,Au o zedSign c RECOMMENDS FO APPROVAL $ W� sigsrstere) `''C �x' Y: Engine ing s Division J(1 P.Fanelli—Chief Operating Officer 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 5313.) i. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon ;'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 improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. I APROVEMENT 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: $ 6, 000 cash,plus additional security,in the amount of$ 663,300 which 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 cashiers check. X Acceptable corporate surety bond. 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 Pavment: Security in the amount of S 335,000 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the 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 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-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. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the- Mnty road system. 5. PLANT ESTABLISHMENT 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 deternuned 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,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/cr 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. 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 rot 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 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. 4. COST$: 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 tliis 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 RLkw APWSa`SHARDATA 4GmData\EneSvc\Fcr:7s\AG WORD\AG•24.dx Rev.April 6.200(1 - .................................. - C�Ljf CX.e State of California County of Santa Clara } ss. On February 4, 2005 ,before me, Terri A. Filice,Notary Public.- Date Name and Title of Officer(e.g.,".lane Doe,Notary Public") personally appeared— Lewis V. Milligan Name(s)of Signer(s) ■ personally known to ane proved to me on the basis of satisfactory evidence ip �„ to be the person whose name is subscribed A.FACE to the within instrument and acknowledged Crxnrnk�n N 14iEM71 to me that he executed the same in his •G Soft perp y authorized capacity, and that by his li�. +rt1. signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Road IMprov-ement Agreement LBfL Duc III Bethel Island Document Date: February 4, 2005 Number of Pages: 2 Signer(s)Other Than Named Above: - Joseph P. Fanelli and Maurice M Shin Capacity(ies) Claimed By Signer Signer's Name: Lewis V. Milligan RIGHT THUMBPRINT OF SIGNER Individual Top of thumb here Corporate Officer--Title(s): Authorized Signator Attorney in Fact Trustee Guardian or Conservator 0 Other: Signer is Representing: Due Housing Partners State of California County of Santa Clara_ l ss. On February 4, 2005 --- -,before me, Terri A. Filice,Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Joseph P. Fanelli Name(s)of Signer(s) 0 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed :07R to the within instrument and acknowledged #1410421 to me that he executed the same in his rjo authorized capacity, and that by his Soft cbm cow*,(Apt 11,2007 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. Place Notary Seal Above Signature of Notary Public f?P7IDIVAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of'this form to another document. Description of attached Document Title or Type of Document: . Road ImDrovement Agreement LBfL Duc III Bethel, Island Document Date: February 4, 2005 Number of Pages: 2 Signer(s)Other Than Named Above. __Lewis V. Milligan and Maurice M. Shiu Capacity(ies) Claimed By Signer Signer's Name: Joseph P.Fanelli RIGHT THUMBPRINT OF SIGNER Individual Top of thumb here ■ Corporate Officer--Title(s): - Chief Uperatin�f3fficer Partner-- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Duc Housing Partners Inc. State of California County of Santa Clara_) ss. On February 15,2005_ ,before me, K.R. Cronin NotaryPublic Date Name and Title of Officer(e.g.,"lane Doe,Notary Public") personally appeared Daniel A. Duc , Narne(s)of Signer(s) ■ personally known to me ❑proved to me on the basis of satisfactory evidence 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 K.R.CRONIN signature on the instrument the person, or Comrrtission;i 170 I Z Notary Public-California the entity upon behalf of which the person Santa Clara County acted,executed the instrument. i�tyCorrm.�.xAitesMarl�,2W6 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL.... Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Road Irnprovement A reement 9AFz; � Document Date: undated Number of Pages: 2 Signer(s)Other Than Named Above: Maurice M. Shiu.Lewis V.Milligan,Joseph P.Fanelli and Engineering Services Division Capacity(ies) Claimed By Signer Signer's Name: Daniel A.Due RIGHT TlrtJi I)PRINT OF SIGNER Individual Top of thumb here a Corporate Officer--Title(s): . .. President Partner— Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: LBL--Duc III Bethel Island LLC CERTIFICATE OF INCUMBENCY I,Lewis V. Milligan, certify that: I. I am the duly elected and currently acting Secretary of Due housing Partners,Inc., a California corporation; and 2. The following individuals are the duly elected officers of the corporation and they continue in such capacities as of the date of this Certificate: Officer 'Title Daniel A. Due President Daniel A.Due Chief Financial Officer Lewis V. Milligan Secretary Joseph P.Fanelli Chief Operating Officer Executed at LOS WJDS , California, on this day of February, 2005. LEWIS V. MILLIGAN, Secretary r �SJC1648%855,t _�_ 021105.10437028 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF DUC HOUSING PARTNERS,INC., A California Corporation The undersigned, being all of the directors of DUC HOUSING PARTNERS, INC., a California corporation, acting pursuant to the provisions of Section 307(b) of the California Corporations Code, hereby adopt the following resolutions: AUTHORITY TO EXECUTE INSTRUMENTS WHEREAS, it is the desire of the undersigned to authorize this corporation's Secretary, Lewis V. Milligan, and this corporation's Chief Operating Officer, Joseph P. Fanelli, to execute any and all contracts or other documents on behalf of this corporation in connection with that certain entity known as LB/L-Duc III Bethel Island LLC, a Delaware limited liability company, including, without limitation, any road improvement agreements, subdivision agreements, drainage improvement agreements or similar instruments that may be required by any applicable municipal or county governmental authority or regulatory agency; therefore it is RESOLVED, that this corporation's Secretary, Lewis V. Milligan, and this corporation's Chief Operating Officer, Joseph P. Fanelli, are hereby authorized, each acting alone, to execute any and all contracts or other documents on behalf of this corporation in connection with that certain entity known as LBIL-Duc III Bethel Island LLC, a Delaware limited liability company, including, without limitation, any road improvement agreements, subdivision agreements, drainage improvement agreements or similar instruments that may be required by any applicable municipal or county governmental authority or regulatory agency; and RESOLVED FURTHER, that any actions heretofore taken by Mr. Milligan or Mr. Fanelli that are within the authority described in these resolutions are hereby ratified, confirmed and approved as the acts and deeds of this corporation. [Signature block on subsequent page.) '&=49868.1 w - 021105.10437028 EXECUTION IN COUNTERPARTS RESOLVED, that this written consent may be executed simultaneously, in any number of counterparts or by annexing signature pages hereto, or on facsimile copies, each of which shall be deemed an original, but all of which together shall constitute one and the same written consent. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent effective as of February , 2005. DIRECTORS DANIEL A. UC -WIS V. MILLIGAN T.W. IRELAND JJ. ROTHGERY ROGER GORDON 15JC\649868.1 -2- 021105.10437028 P003/003 l03 F-307 EXECUTION IN COUNTERPARTS RESOLVED, that this written consent may be executed simultaneously, in any number of counterparts or by annexing signature pages hereto, or on facsimile copies, each of which shall be cleaned an original, but all of which together shall constitute one and the same written consent. IN WITS WHEREOF, the undersigned have executed this Unanimous written Consent effective as of February , 2005. DIRECTORS DANIEL A. U— YA" V. N4 LUCYAN T.W. IRELAND U. ROTHGERY ROGER CORDON ts,�c�sassss.s _2} 021IM-10437028 PACIPIC INIRST FTNAN P4GF 02 200� 1 3 U r jj o,'jl"�I A I EXECUTION IN COUNTERPARTS RESM-VED, that this written consent may be executed silL)Ultaneously any number of counterparts or by annexing signature pages hereto, or on 4 .;1 I I r�l-vt capias, each of which shag be deemed an original, but all of which tope-::; hall constitute one and the same,written consent, E4 WITNESS WIMRBOF, the undersigned have. executed this UDh!;-'r-v-ous "lvVrittm Consent effective as of February 2005. DWCTORS DANIEL A.DUC LEWIS V.WIL—IGAI—N T.W. IRELAND lij ROGERGORDON Feb 14 DS 04: 01p Steven Gordon 408 888--9G20 p. 3 RU. la. 2405 1 .41PM DUC HOUSING PARTNERS U4. 8699 F. 313 EXECU~T ON IN cauNT R ARTS RESOLVED, that this written consent may be executed simultaneously, in any number of counterparts or by annexing signature pages hereto, or on facsimile copies, each of which shall be deemed an original, but all of which together shall constitute one and the saute written consent, D4 WITNESS W IEREOF, the undersigned have executed this 1.3nanimous Written Consent effective m of February. , 2005. DIRECTORS DANIEL A.DUC LEWIS V,NM-LIGAN T.W, IIZ.ET.,AND I.J.ROTHGERY ROGO G0RrDON lSJC!bd9$afi.S _�_ 021tas+cas�cze DEPOSIT PERMIT '4� OFFICE OF COUNTY AUD -CONTROLLER 4 b THE TREASURER: MARTINEZ,CALIFORNIA t ;ECEPA D FROM 7 J ORGANIZATION NUMBER ? t 'fyj�t (Far Cash Co6ection Procedures see County Adrrunisirator`s k&fin 105.) DESCRIPTION FUND/lORG SUB. TASK OPTION ACTIVITY AMOUW i fir: / I irk! n � � -� i' i I� � � � ! �tr Ar,.+� �1 J7f�� t t'k�-'�• *�l � ��.} �.�h.} E r� ► J r�l f'I.ANAJT!{�N: f( j/y/J /y IJj TOTAL $ t �.4.r V i� .j r j r,''. :1 1`!'.• f1 S: f l'�~S l Y 7,lr�. ..✓ ji.,:5 r r / F` of tete following hero }l j C, /7I!L.(.., � (% lel ?j } COIN �Osff RRENCY $ r ,ETC. $ 1 BA S $ 't -r73 f; FOR AUDITOR-CONTROLLER USE ONLY X ' r`: a� r DEPOSIT PERMIT DP NUMBER DATE ASSIGNED - The amount of money described above is for Tremor's receipt of alcove amount is approved Receipt of above or t tS�ie�y deposit into the County Treasury ""� ock \ Sigrt.(J`�'/. '- c <�,sL .,::�...._�,Daterr�...� ``•�� ,�`''1 y�.,,,, /r f /' Signed 3 i *,wed; EXT. ' `t *f Ca+ttttY Audihsr ; County Treoswer -34REV.(7'93 / ~ DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA 0 THE TREASURER: tECENED FROM ORGANIZATION NUMBER tom} (rw Cash Co&Ktion Procedures see County Administrator's&&M 105.) DESCRIPTION FUND/ORG � TASK OPTION ACTIVITY AMOUNT �'� } }« ' s `+'; ,`ff• ji., r / fRf..L" IL—1 r f r 4 } i _,. (_.,Jt�} LL ' /25 f I EXPLANATION: J TOTAL $ DEPOSIT Deposit consists of the folk wing}items COIN and CURRENCY S CHECKS,M.Cf ETC S - SANK DEPOSITS S FOR AUDITOR-CONTROLLER USE ONLY PERMIT DEPOSIT DIP -7 P 3 61 NUMBER 1 l DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above 0 deposit into the County Treasury. atkrisvw�- Date sited: Fide''/i ; ' `j {- _ ` (f EXT-:1- 1) r fir/t�. De Cou Auditor Deputy County Treasurer +-3#REV:(7-93) t`.QUMI T Ut LUN IKA WbIA DEPOSIT PERMIT OFI4CE OF COUNTY AUDIYOR—CONTROLLEP MARTINEZ CALIFORNIA THE TREASURER: ECE T cry✓FROM t � f� W ORGANIZATION NUMBER ` ice► (For Cash Chiron Procedures see County Administrator's Wletin 105.) ` DESCRIPTION ''' ACCT, TASK 1 ION ACTIVITY AMOUNT .�� J d` �i ,� ,.,�� ('3 1/'r�J�!•,.+1 ( rtf•".. �Y ,4.t..y.•�t $ C.... #.-.. # i # t t # # # It # { # i # # t E } 1 # # s i # XPLANATI0N: TOTAL $ i DEPOSIT # Deposit consists of the fo 6,wing stems COIN and CURRENCY CHECKS.M.C;,,ETC. S BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATEr-Er ir� E' g r ASSIGNED 'he amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above onxwnt is hereby deposit into the County'Treasury. � ockswwiedged. Date l Sigmd� • EXT q County Treasurer 34 REV{7-931 L_LyjN t Y t7P t,t,N i KA WbIA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ.,CALIFORNIA " PO THE TREASURER: i IECEIYED FROM ORGANIZATION NUMBER (For Cash Co*&ctian Procedures see C Kmty Administrator's bulletin 105.) FUND/t RG. TASK TION ACTNITY AA40U�fT DE5CR1PTK7t+1 ACCT. '77} r •�� � t J 1�`��C.P ` r •Y�.% P �. may.'�, I r ( i t f J /may p� tr r•11 n: '"fir t� 11?L-.vrs.f;�J'f Y•� I LJ vq - i ✓ t 1 :XPLANATION: DEPOSITt Deposit cons+sh of the ftliovw'in j item COIN and CURRENCY S CHECKS,M.C}ETC. $ HANK DEPOSITS $ FOR AU[71TOR-CCrNTROLLER USE My DEPOSIT PERMIT R DP� ,NUMBE f [SATE t ASSIGNED the arnount of money described agave is for Treasurer's receipt of above amount is oppm-d. Receipt of obese amount is hereby deposit into the County Treasury. i kn is Date_ std: EXT." - {{ 1•r Ca y Aur itor i)eputy County Treasurer 34 REV.f7-93} 0649-9665 1 831000: 61160116, $500.00, ZC04-639, Certificate of Compliance Offer of Dedication, Michael 4 Marianne Roundtree, 55 Bunce Meadows Dr., Alamo, CA 94507 0649-9665 / 831000: 61160119, $186,520.00, SD 80--06013, Inspection Fee, LB/L DUC III Bethel Island, 14107 --H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61160120, $22,640.00,RA04-01179, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61160121, $17,400.00,RA04-01180, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61160122, $19,980.00,RA04-01181, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G1160123, $19,320.00,RA04-01182, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61160124, $25.760.00,RA04-01183, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G1160125, $11 ,300.00,RA04-01184, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G1160126, $88.400.00,DG04-00051, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 631000: G1160128, $40,000.00, PA0015, -7andscape Improvement Plan Review Deposit, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd #500, San Ramon, CA 94583 819800-0800: 61160119, $116.260.00, Sb80-06013, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-03800: G1160120, $9,320.00, RA 04-01179, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 829800-0800: G1160121, $6,700.00, RA 04-01180, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 --H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G1160122, $7,990.00, RA 04-01181, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G1160123, $7,660.00, RA 04-01182, Cash Performance Bond, LS/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G1160124, $10,880.00, RA 04-01183, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: 61160125, $3,6517.00, RA 04-01184, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G1160126, $42.200.00, DG 04-00051, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 FIRST TERM PREMIUM IS FUI.I.Y EARNED Bond No.: SU 5007668 Premium: $9,950.00/2 Yrs. Development: RA 1180 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The.Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Waterside Place and Edgewater Court to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: LBL—Due III Bethel Island LLC, as Principal and Arch Insurance Company , a corporation organized under the laws of the State of Missouri ,and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance: Six Hundred Sixty Three Thousand, Three Hundred Dollars ($ 663,300 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Three Hundred Thirty Five Thousand Dollars($ 335.000 )to secure the claims to which reference is made in Title 15 §§ et seq.of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's 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 it 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 nnil 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa 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 furnished,labor of any bind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation.,to be awarded and fixed by the court,all 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions 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 Road Irnprovement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and:consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2813 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on FebruM 3, 2005 PRINCIPAL: LBL—Duc III Bethel.Island LLC SURETY: Arch Insurance Company Address: 14107 Winchester Blvd.,#II - Address. 135..N. Los Robles Ave. ##825 City: Los Gatos City: Pasadena, CA 31141 By: By: _.._._ PrintNa e: Joseph P Fanelli Print Name: RgMond E. Gail Title: Chief Qperating,Officer Title: Attorney-in-Fact :mW C:\W 1NDOW S\TEMP%BN-9-dOC kev.'��Fm�ary 3:';2003 State of California County of Santa Clara } ss. On February 3,2005 ,before me, Terri A. Filice,Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Joseph P.Fanelli > Name(s)of Signers) IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed -A-.. to the within instrument and acknowledged TEMA.t to me that he executed the same in his C OM1 tit 1410421 Nokuy p .Callomb authorized capacity, and that by his Coarct COYMV signature on the instrument the person, or MyCOM.80WApr 11,200 the entity upon behalf of which the person acted, executed the instrument. WIT7SS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Improvement Security Bond for Road Improvement Agreement LBtL,Duc III Bethel Island Document Date: February 3,2005 Number of Pages: 2 Signer(s)Other Than Named Above: Raymond B. Gail—Arch Insurance Company Capacity(ies) Claimed By Signer Signer's Name: Joseph P.Fanelli RIGHT THUMBPRINT OF SIGNER Individual Top of thumb here IN Corporate Officer--Title(s): Chief Operating Officer Partner-- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: LBL-Duc III Bethel Island LLC CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stats of falifornia County of Los Angles On FEB 3 20M before me, Susan E. Morales/Notary Public NAME,TITLE OF OFFICER personally appeared Raymond E. Gail NAME OF SIGNER(S) Personally known to me - or- ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere 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 4 5 r person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) - 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/OWNER CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company Arch Reinsurance Company 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 Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff,Susan E. Morales,George A. Munana, Matthew J. Huggins, Eric Schmalz, David A. Ellassen and R. G. Park of Pasadena, CA(EACH) its true and lawful Attomey(s)-in-Pact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had.baer ddly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the 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 attorneys4ri-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, seated and certified by facsl '-under andA-6y authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Mage 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 17th day of February ,20 04 Arch Insurance Company Attested and Certified se►ce� conKt Joseph S. 1-4A, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIEL© 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 severalty acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. MSMA B.%I", p 28,2405 Melissa . it Agan,Notary Public My commission expires 2-28-O5 CERTIFICATION 1, Joseph S. Labetl, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 17,2004 on behalf of the person(s)as listed above;is a true and correct copy and that the same has been in full force and effect since the date thereof and Is in full force and effect on the date of this certificate; and 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 duty 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 day of_ � .20 of Joseph S Il,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. SUL IE�wii Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 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 bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible.