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HomeMy WebLinkAboutMINUTES - 03082005 - 2005 RES 122 TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 8,2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESXJLNIER� GLOVER ANIS UILKEMA NOES: NONE ABSENT: 1�01NE ABSTAIN: NONE RESOLUTION NO.20051 122 SUBJECT: Approving the Road Improvement Agreement for Sea.gate Place, Seaward Court, and, Grey Whale Place, RA 04-01181, 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 Sea Gate Place, Seaward Court, and Grey Whale Place,road acceptance file RA 04-01181 (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 Works(ES) on the date shown. Contact: C.Lau(313-2293) KD:m G:1CirpDataiEngSvc\Bol2005\03-08\RA04-01181BOA 5Aoc ATTESTED:,_ MARCH Cl$ ZOOS cc: Public Works-F.Holl,Construction .o Planning,Current Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and LBL-DUC Ill Bethel Isslan<S LLC County Administrator 14107 Winchester Blvd.,#H Los Gatos,CA 95032 Atm:Joseph P.Fanelli Arch Insurance Convany 135 N.Los nobles Ave.,#825 Pasadena,CA 91101 By Z Deputy A=Raytrnond E.Gail SUBJECT: Approving the Road Improvement Agreement for Sea Gate Place, Seaward Court, and Grey Whale Place, RA 04-01181, Subdivision 80-06013, being developed by LBL-DUC III Bethel Island, LLC, Bethel Island area. (District V) DATE: March 8,2005 PAGE: 2 1. Gash Bond Performance Amount: $7,990.00 Auditor's Deposit Permit No. DP 439616 Date: February 17, 2005 Submitted by: LBL-DUC III Bethel Island, LLC Taxpayer identification number: 20-0922886 I1. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5007669 February 3, 2005 Performance Amount: $791,010.00 Labor&Materials Amount: $399,500.00 Principal: LBL-DUC 111 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. 2005/122 ROAD IMPROVEMENT AGREEMENT Developer: LBS,—.Due IIT Bethel Island LLC Effective Date: . Development: Subdivision 6013-Phase 4(RA 1181) Completion Period: 1 year Road: Sea Crate Place Seaward CCt_urt,Grey Whale Place THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO. CONTRA MSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: ° ` tgisr�tur�l Lewis V.Milligan—Partner,Authorized Signatory �1 RECOMMENDED FOR APPROVAL ` By: 1 tsist,otum Engined g Se rv` s ivision 3o p Fanelli-�Chief Operating Officer K FORAPI?ROVED: i' or 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 S3I3.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called°C un ,"and the above-mentioned DevelpM, 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. IMPROV_EME NI T 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: $ 7.990 cash,plus additional security,in the amount of$ _791 O10 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 Payment: Security in the amount of$ 399,500 ,which is fifty percent(5096)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. GUARAN`PEE 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 County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said piant 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 pians 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 employ-.-- of mployeeof 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. 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 sua.. 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 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 Indemnitee has prepared, supplied,or approved any plan(s)or specifications)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 compiete the work. 1 I. INCORPORATIONIANNEXATION. 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. Inconsideration hereof: (Check applicable section(s)) J 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\GrpDaw\EngSvcTorms\AG WORD\AG-24.doc --- ---Rcv,-Apra t3,-20Qt1 ------— --- - --- ---- -- .., -- - -- - - - -- --- -.. — ----- 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.,"Jane Doe,Notary Public") personally appeared Lewis V. Milligan , 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 A."M to the within instrument and acknowledged C° °n#141121 to me that he executed the same in his ft*XV pubw caftwo - #aft rauthorized capacity, and that by his I+CMM-60MAprtt, 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 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 Improvement Agreement LBIL 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. Millman RIGHT THUMBPRINT OF SIGNER Individual Top of thumb here Corporate Officer--Title(s): Authorized Si n�atory Attorney in Fact Trustee Guardian or Conservator Q Other: Signer is Representing: --Due Housinjz Partners WOMW 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.,„Jane Doe,Notary Public") personally appeared_ JoseLah P Fanelli Name(s)of Signer(s) ■personally known to me 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed MM A X to the within instrument and acknowledged CaM I tC�t rte to me that he executed the same in his owa b 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. WIT SS my hand and official seal. LI 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 improvement Agreement L$IL Duc III Bethel Island Document Date: February 4 2005 Number of Pages: 2 Signer(s)Other Than Named Above: Lewis V. Milli an and Maurice M. Shiu Capacity(ies) Claimed By Signer Signer's Name: Joseph P Fanelli RIGHTTiib7ivIBPRINT OF SIGNER Individual Top of thumb here ■ Corporate Officer--Title(s): Chief Operating Officer. Partner-- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Due Housing Partners,Inc. State of California County of Santa Clara } ss. On February 15-DO-05 ,before rhe, K. R Cronin,Notts Public Date Name and Title of Officer(e.g.,"lane Doe,Notary Public') personally appeared Daniel A.Due Name(s)of Signer(s) ■ personally known to me 0 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 sane in his authorized capacity, and that by his signature on the instrument the person, or K Rt GRONIN the entity upon behalf of which the person r-4"I niaaton#1343870 Notary Public-Calitomia �; acted,executed the instrument. Santa Chug County lt0wftFXPk*Matr18,2M 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 Road I 'Title or Type of Document: Improvement Agreement �t_4l�1 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. Duc RIGW THUMBPRINT OF SIGNER Individual Tots of thumb here ■ 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: 1. I am the duly elected and currently acting, Secretary of Due Housing Partners, Inc., a California corporation; and ?. The following individuals are the duly eluted 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 ,�, , California, on this day of February, 2005. LEWIS V. N.l.1ZI IGAN, Secretary 4,sac�sassss.� _r G212fl5•i{k37fl28 UNANIMOUS WRITTEN CONSENT OF THE HOARD 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 LB/L-Duc III Bethel Island LLC, a Delaware limited liability company, including, without Iimitation, 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.] 1sJC16498e8.1 _I 021105.10437028 EXECUTION IN COARTS 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.6TJE LS V. MILLIGAN T.W. IRELAND J.J. ROTHGERY ROGER CORDON \sJc;649868.1 _% 0211105.1U37028 Q!�M IN C9—L-Tt I`ERI'ARTS 'RBSOLVED, that this written consent may be executed simultaneously, in any number of coosterparts or by armaxing signsm pages hereto, or on facsimile copies, each of which shall be deemed an original, but all of which together shall constitute ono and the same written consent. IT WrrNBSS WHEREOF, the undersigned have executed this Unrnimous Written Consent effective as of February 2005. DMECT ORS DANIEL A. UC , mmua N' T.W.MELAND I.T.XO CHGEER.Y ROGER GORDON 02!1412005 14:31 650-342-5070 PACIFIC INTPST rINAN PAGE 03 EXECMION IN CO ARTS RESOLV , that this written consent may b.- executed simultar eousl,, r : any number of counterparts n, by ann5xing signature pages hereto, or on I snil,; copies, each of which shall be deemed an original., but all of which togei-c'._ �hall constit ate one and the same written consent. IN WITNESS WHEREOF, the undersigned have executed this V"rit=1 Consent effective as of Februm-y 2005, DMECTOPIS D AN`l L A.DIIC LEMS V.MLIGAN T.W.IRELAND ROGER GORDON ozi€�•�oa�ra�e re0 I 't uZ) U.+ : UIP titeven uaroon 4038 898 °98203 P. 3 E8. 14. 2005 1 :41PM DUC HOUSING PARTNERS NO. 8649 P. 3/3 EXECUTION]3 C�TER.p' TS 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 shalt constitute one and the same written consent, IN WITNESS VaIEREOP, the undersigned have executed this Umnimous "Written Consent effective as of February , x005. DMEC ORS DAVM A.DUC LEWIS V,NMJ-IGAN TV. IRELAND 11 ROTHGERY ROGO GofDwi 0213OS-10437026 DEPOW PERAW L / OFFICE OF COUNTY AtJW -C0NTR0{IER -—.:., C> TREASURER: MARTINEZ,CAL ORW tECSYM ROM ORGANIZATON NUMBER IYs) (For Cash Cniiedion Procedures we County Adrrini wtar's Sul6w 105.) SCRVT1)N F /rNtG. ACCT. TION ACTIVITY AMO►S+IT $ r r t- 1 21t z t t tJ t hI } t f !f } tf 1 t Y } 3 t Thr 't v �o,.,., 1.ANAtlON; _ MTALMPOSIT $ t CCN7of*0 faawitg items CU /�RffNCY $ l MSA}.. . 5OS .0...E J FOR AUDITOR-CCNdTROLLER USE ONLY 1:7�)Voi( fi DEPOSIT i D — NUMBER ff }} t. DATE ASSIGNED The arnount of money desailmd above is for `(resrsr 'er's receipt of above amount is sapproved. Receipt of above a deposit into the County Treasury. adcrxrrrte. d Tjd k DSig00. Y EXT. x Cou�trty Audlfor County TrO(nu .. i y J✓� D-34 REV{7-44. s / _ _ ................................................. ........................ 4 t.VVNI T LX t VI4IKA I-Ub]A MICE OF COUNTY AUDMX-CONTWXLER M THE TREASURER. MARTHEZ,CALIFORNIA REECEEWED FROM ORGANIZATION NEI MER f 4-4 .� {Far Cath Coledion Pmcedures see County Administrator's Bulletin 105.) DESCRIPTION FUMA)RG. TASK OPTIONI ACTMTY AMOUNT i f � l 1 � �� f Y7f ✓�� V /V p�'��`S / I t ""/7 J {l o EXPLANATION: TOTAL $ i DEPOSIT � Deposit consists of the f0gawing items COIN and CURRENCY S CHECKS,Ma ETC. $ BANK DEPOSITS $ FOR AUD DR-CONTROLLER USE OtNty DEPOSiT PEU B NUMBER DATE CJ 1 A5SiGt`iED i The amount of srrz+rrey described above is for Treasurer's recei t of above amount is a I deptrs+t into the County Trewury. pprtrmd. Receipt of abaft nt;s. pate --- 3 — Wined: EXT ;;:?(r C - - --- . Deputy County Treasurer b-U REV.i7-M _ CG11<3t+N1Y OF CONTRA COSTA DEPOSIT PERAW OFFICE OF COUNTY AUDITOR-CONTROLLER _ THE TREASURER: MARTMZ,CALIFORNIA �f 1 4r ECEfVED FROM v ORGANIZATION NEJ MR ' # i {icor Cosh Cofiection Prcced m no County'AdrninWmtor`s Wletin 1054 DESCRR'TION nm/t)lr- SUIL TASK. OPTICIN ACTMTY AMOUNT # # # 1 # # I i I # t # # 1 # # 1 , t i # # t S EXPLANATION: TOTAL # DEPOSIT ; Deposit consists of the folk"*iterm CONN and CURRENCY $ CHECKS,M CX ETC. S 1 BANK DEPOSM S FOR AUDITOR-CONTi UIR USE 06 LY DEPOSIT PERMIT d NUMBER i DATE 439 1 ASSIGNER *05 The ornount of money described above is for Treasurer's receipt of abo%v amouw isapproved Receipt of above amamt is hereby deposit into the CAx"y Tr+a nury. ockrwwiedgea 045 t 2_ J Der ty County Treasure�' �( , - r - - surer D-3A REV.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMJT OFRCE OF COUNTY AUDITOR-CONTROLLER 0 THE TREASURER: MARTIhIEZ,CALIFCtRNIA 2CEPIM FROM `r_ _ ✓t.A � tit ORGANIZATION NUAkBER (Por Cath Collection Proemdures we County Administsotor's BAetin i05.) DESCRIPTION PUNDJORG. SUL A TASK OPT A ACTIVITY t MOUNT 7 r 'J '� .i,=. 1 r,�"" • /; rU r i,�,;.c'�n�,: 1'r—. "✓ "} v 3 L-Al-L-1-1 L I q i 1 r ,ll � i L � J-.✓y i. 1 ''1 J :% ILL EXPLANATION: TOTAL $ f DEPOSIT { Deposit consists of the following items COIN and CURRENCY $ CHECKS.ka ETC. $ BANK DEPOSITS $ PCNL AUDITOR-CONTROLLER USE ONLY DEPOSIT t PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. aic:kno�&� ..�. I llir Cy .e._. ._:� t _ __Segued; Ti ,:r 'r" I 'r r i(''l Gr C Aaxfitor Deputy County Treasurer >-34 REV(7-43) _.. 0649-9665 f 8310100: 61160128, $40.0100.00, PA0015, Landscape Improvement Pian Review Deposit, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd x'#500, San Ramon, CA 34583 819800-0800: 61160113, $11116,260.00, SD80-06013, Cash Performance Bond, LB/L DUC III Bethel Island, 1410 ' -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: 01160120, $9.320.00, RA 04-01179, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: 61160121, $6,700.00, RA 04-01180, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gates, CA 95032 8198010-0800: 6,116-01-22-$7,9990-D f A 04-01181, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: 61160123, $77,660.00, RA 04-01182, Cash Performance. Bond, LB/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, $3,650.O0, RA 04-01184, Cash Performance Bond, LB/L DUC III Bethel Island 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: 01160126, $42,200.00, DG 04-00051, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61160116, $5010.070, ZC44-639, Certificate of Compliance Offer of bedication, Michael & Marianne Roundtree, 55 Bunce Meadows Dr., Alamo, CA 94507 0649-9665 / 831000: G116O119, $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: G116O12O, $22.640.0 0,RAO4-01179, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gates, CA 95032 0649-9665 / 831000: G116O121, $17,400.0 0,RAO4-01180, Inspection Fee, LB/L DUC III Bethel Island, 141017 -H Winchester Blvd., Los Gates, CA 95032 0649-9665' / 831000: G116O122, $19,98O.00,RAO4-01181, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G116O123, $19,320.00,RAO4-01182, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 8310)0)07: G116O124, $25,760.0 0,RAO4-01183, Inspection Fee, LB/L DUC III Bethel Island, 14147 -H Winchester Blvd.., Los Gatos, CA 95032 0649-9665 / 831000; G1160125, $1 f ,300.00,RA074-01184, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 950732 0}64}-9665 / 831440: G116O126, $88,40 0.007,bGO4-0 0051, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 FIRST TERM PREMIUM IS FULLY EARNED Bond No.: SU 5407669 Premium: $11,865.00/2 Yrs. Development: RA 11$1 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Sea Cate Place,Seaward Court and Grey Whale Place to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laves and rulings. 2. OBLIGATION: LBL—Duc III Bethel Island LLC, as Principal and Arch Insurance Company a corporation organized under the laws of the State of Missouri , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Seven Hundred Ninety One Thousand, Ten Dollars ($ 791,010 ) for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Three Hundred Ninety Nine Thousand. Five Hundred Dollars($399,500 )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 per ormed at the time and in the manner therein specified and in all respects according to their true intent a,-id meaning and shall indemnify and save harmless the County of Contra Costa or city ?ssigncp, is 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 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 (2.8.) 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 kind, 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 attorneys 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 Improvement 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 2819 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 February 3, 2005 PRINCIPAL: LBL—Due III Bethel Island LLC SURETY: Arch Insurance Company Address: 14107 Winchester Blvd. ##H Address: 135 N. Los Robles Ave. ##825 City: Los Gatos City: Pasadena, CA 91101 By: By: tz ,. `. Print Namg: JJose h P. Fanelli Print Name: Raymond E. Gail Title: _ Chief Operating Officer Title: Attorney-in-Fact :mW C AW INDO W S1TBMPIBN-9.doc .......................... 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 Natne(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 a qF4XX to the within instrument and acknowledged Commiaion#141(W21 to me that he executed the same in his Nokuy PUbW-� authorized capacity, and that by his 'CkM a 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 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 LB/L Due III Bethel Island Document Date: February 3 2005 Number of Pages: 2 Signer(s) Other Than Named Above: --Raymond E. Gail-Arch Insurance Company Capacity(les) Claimed By Signer Signer's Name: Jose-ph-P.-Fanelli RIGHT TIIiJMBPRINT OF SIGNER Individual Top of thumb here ■ 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 State of California County cif Los Angeles On E E, - .0 CP75 before me, Susan E. MoraleslNotaq Public NAME,TITLE OF OFFICER personally appeared Ra mond E. Gail NAME OF SIGNER(S) Z Personally known to me -or- El 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), p yand that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ti, acted, execrated the instrument. � ��-,t;z at �` WITNESS my hand and official seal. (SIGNATURE OF NOTA.Y) 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 TITLE(S) TITLE OR TYPE OF DOCLMENT PARTNER(S) LIMITED GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT TRUSTEE(S) [� GUARDIAN/CONSERVATOR [� OTHER.: DATE OF DOCUMENT SIGNED.IS REPRESENTING: NAME OF PERSON(S)OR El*-nTY(T S) .Arch Insurance Company Arch Reinsurance Company POWER OF ATTORNEY Know As Men By These Presents: That the Ards 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")doss hereby appoint Lawrence W.Caristrom, Raymond E. Gail,Michael E.Cundiff, Susan E. Morales, George A. Munana, Matthew J. Huggins, Eric Schmalz, David A. Eliassen and R.G. Park of Pasadena, CA(EACH) Its true and lawful Attomey{s}in-Fact,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, 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 bands in order to bring each such: bond within the dollar limit of euthority+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 some tial b6ih duiy!,executed and acknowledged by its regularly elected offloers at its principal office In Kansas City, Missouri. This bower 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 shat have the power and authority to appoint agents and attorneys-ln-fact,. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsialeunder by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated to 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 Marcs 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. 00ML0013 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 17th day of February ,20 04 Arch Insurance Company Attested and Certified as T SM ion 1Wand � � d Joseph S. 1, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S. Labeft personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seam 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. OFFXI AL.SEAL M£LJSSA7 t F �, Melissa . 111gan,Notary Public . 2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, 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 duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereun bed my name and affixed the corporate seal of the Arch insurance Company on this day of FEB Joseph S II,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. ym ��{tNll Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed In U.S.A. /f 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. DISC'LOSU'RE 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.