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HomeMy WebLinkAboutMINUTES - 03082005 - 2005 RES 123 TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 8,2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DE AULNIER, GLOVE AND UILICEMA NOES: NONE ABSENT. NONE A. ABSTAIN: NONE RESOLUTION NO.2005/ 12.3- SUBJECT: Approving the Road Improvement Agreement for Channel Place and Point Place,RA 04-01182, 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 Channel Place and Point Place, road acceptance file RA 04-01182 (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(as) on the date shown. Contact: C.Lau(313-2293) KDxm G:SGMDatalEngsvc\Bo12005t03-09\RA 04-01182 Bo-15.dnc ATTESTED: 0$, 2005 cc: Public Works-T.Bell,Construction I-1-8-06 tPlannin8,city Development JOHN SWEETEN, I�Clerk of the Board of Supervisors and T— LEL-DDC 1I1 Bevel ISW4 LLC County Administrator 14107 Winchester Blvd.,#H Los Gatos,CA 95032 Attn:Joseph P.Fanelli Arch Insurance Company Panda c11 9110Ave..#szs By 9 Deputy Ana:Raymond B.Gail --RESOLUTION-NO.20$5i 2 _ ------- ---- SUBJECT: Approving the Road Improvement Agreement for Channel Place and Point Place,RA 04-01182, Subdivision 80-06013, being developed by LBL-DUC III Bethel Island, LLC,Bethel Island area. (District V) DATE: March 8,2005 PAGE: 2 I. Cash Band Performance Amount: $7,660.00 Auditor's Deposit Permit No. DP 439616 Date: February 17, 2005 Submitted by: LBL-DUC III Bethel Island, LLC Taxpayer identification number: 20-0922886 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5007670 February 3, 2005 Performance Amount: $758,340.00 Labor&Materials Amount: $383,000.00 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. 2005/123 ROAD IMPROVEMENT AGREEMFNl Developer: LBL—Duc III Bethel Island LLC Effective Date: ' 76o Development: Subdivision 6013-Phase_5(RA 1182) Completion Period: 1 year Road: Channel Place,Point Place THESE SIGNATURES ATTEST TO THE PARTIES'AGREEIMENT HERETO: CONTRA COSTA COUNTY DEVELt'3PER Maurice M.Shiu,Public Works Director By: -�✓ (signature) ' Lewis V.Milligan—Partner,A ze NIR_ ,fit.`l cc, RECOMMENDED FOR APPROVAL By: (signature Engines g Se es Division .lose 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"Coup "and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPFtCtV,NIBNTS. 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. MTROVEMENT SBGURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 7.660 cash,plus additional security,in the amount of$ 758,340 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$ 383,000 ,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 theta 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 County 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 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. 1MPROVEMENT 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/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 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 liabilit 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 pian(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. to. 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. it. 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\SRARDATA1GrpDat2\EndSvc\FormslAG WORMAG-24.doc Rev.April 6,20M State of California County of Santa Clara ss. On February 4. 2005_ , before me, Terri A. Filice,Notary Public Date dame and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Lewis V. Milligan Name(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 �VRM A. to the within instrument and acknowledged Comrinwkrn*1411 to me that he executed the same in his Nokoy Pubft-camooft SOMM«a C40* authorized capacity, and that by his V,W-UWM.I Apra. signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WIT SS zhand and ocialseal. f 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 Irrt,�provement Agreement LB/L Duc III Bethel Island Document Date: February 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Joseph P. Fanelli and Maurice M. Shiu -- 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 Signatory Attorney in Fact Trustee Guardian or Conservator 0 Other: Signer is Representing: . Duc Housing Partners State of California County of Santa Clara_) ss. On February 4, 2005 ,before me, Terri A.Filice,Notarr public Bate Name and Title of Officer(e.g.,„Jane Doe,Notary Public") personally appeared Joseph P.Fanelli , Name(s)of Signer(s) K 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 anMwiort At t+t1WT1 to me that he executed the same in his NokNy tubk-COVOR* authorized capacity, and that by his Soft mar Cour+ signature on the instrument the person, or '�' ;• the entity upon behalf of which the person acted,executed the instrument. WITl�SS my hand and official kseal. Place Notary seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it maky 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 LB/L Due 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 TxUMBPRW 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: Duc Housing Partners Inc State of California County of Santa Clara } ss. On February 15, 2005 ,before me, K.R. Cronin,Notga Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Daniel A. Due , 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 to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his K.R` ONIN signature on the instrument the person, or K CFtO CtmNso #1349870 the entity on behalf of which the person Nary Public-Callifomla acted,executed the instrument. satlta Clara Courfty MVCW, mMar19'2W8 WITNESS my hand and official seal. ML Place Notary Seal Above Signature of Notary Public 0 TIONAL 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 kA, 16 - ! ` Document Date: undated Number of Pages: 2 Signer(s)Other Than Named Above: Maurice M. Shiu,Lewis V.MilliLzan Joseph P. Fanelli and Engineering-Services Division Capacity(ies) Claimed By Signer Signer's Name: Daniel A. Duc RIGHT THUMBPRINT OF SIGNER Individual Top 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 INCUNMENC'Y 1, 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 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 bXIDS , California, on this r5' day of February, 2005. rtl"r LEWIS V. N=GAN, Secretary 1SJe1648856.1 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 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; 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 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.] \SJC1649866.1 - 021105-1043708 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.ZifJC LIS V. MILLIGAN T.W. IRELAND J.J. ROTHGERY ROGER GORDON \SJCi649868.1 021105.10437028 EX CT M'ION IN COUNTERPARTS RBSOLVED, that this written consent may be execrated 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 undersiped have executed this Unanimous Written Consent effective as of February , 2005. DIRECTORS C DANIEL A. "UC L IS V. MII.UGAN T.W.IRE�.AND T.T.ROTHGERY ROGER GORDON 18 OM9899.1 _z. 021105.1043`026 02/14/2005 14: 311 n E50-342-5070 PACIFIC^ PACIFIC INTPST FINAN PAGE 03 F K200U 3hyM JUC H0U'SJ_1'i PA;.TNER =UTION IN COUNTERPARTS SOLVED, that this written consent may be executed simultaneously any number of counterparts or by annexing signature pages hereto, or cin i ;mih•, copies, each of which shall be dee=d an original, but all of which togej_-:t_ �hali constitute one and the same written consent, Lit WITNESS W.I-EREOF, the undmigned have executed this Writtm Consent effective as of Februarf ! , 2005. DMECTORS DANIEL A.DUC LEWIS V.MILLIGAN T,W. 1R.ELAND ROGER GORTON 021105•104702E r eco 1 -4 un u'4 : u 1 p Steven Gordon 408 8S8-S 20 P. 3 EB. 14. 2085 1 ,41PN1 UUv HOUSING PARTNERS NO, 8649 P. 3/3 F,XF-CU'ON al CM.2j 1 i RPARTS 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 WIVREOF, the undersigned have executed this Unanimous 'Written Consent effective as of February X'7"-, 2005. DOCTORS DANIEL A.DUC LEWIS V,N#3' .UGAN TM. M.LAND S.J.ROTHGERY ROGA GO CIV 153Ct6d9868.t _�.. 027105-1037{328 �.vcanr i yr�.vsr�scvt r..vyrn � � .DEPOSIT I+'ERIMIIT i� y z OFFICE OF COUNTY AUDITOR�CONTRC1t1ER`� 0 THE TREAS MER. MARMNEZ,CA#"NIA � MCBVED ROM ' . J yy C i OWAMATION MMBER {Far Cash Collodion Procedures see Crxsaty Administrator's Wlefin}05.) p PUNb/OIICv SUL TASK !ON ACTIVITY AMOUNT ACCT. $ fir,' Vf t t y r { t r 1 1 fit I--I I I 1 113 --a �2_ i `t✓-f k 'I' li I� .�;/i --! t ,r t i ILL-1 1 1 1 A_;� v L t__, ;�, -r'<fL !''/�r}: !r .•'.. %J irk:r.1 / t r !, : l iI I I I yy )� EXPLANATION-,, TOTAL $DEPOSIT t j Deposksmnsists of the folbvAng items COIN CURRENCY MA ETC. $ RA OWS o Vo / "'�" '' �, r`:.>'"7�'`% r�-'j-h' /.'}%.� I 1'`� � �� Y r,�'•, �'� POft ONTROLLER USE Ot�Y _ AtIL?ITC+R-C DEPOSIT r PERMIT ., rl t;; �>-'..v ) J f/ ,"'" ; :f f.••� )L• I /-'� NUMBER DATE ;c ins ASSIGNED The amount of money descrilbed above is for Treasurer's receipt of above amount is approved Receipt of obave a t deposit into the County Treasury. `~�. ` ock 1 " T '9 . i AudAaCounty iremue% EXI D-34 REV.i7-9 t..UUN I T UW L..UN I KA 1—UZ I y DI POW PERM OFFICE OF COUNTY AEJWOR-CONTROLLER MARTINEZ,CALIFORNIA LETREASURER: TO TTREASURE R: RECEIVED FROM ORGANIZATION NLWJM J'.. �LJeri G >� (For Cash Collection Procedums see Cour*y Ad twtar's Bulletin 105.) DESCRIPTION . FUND/ORG. SUIL ACT TASK OPTION ACTtVEfY AMOUNT _ n $ 1 M r f —7 ,ir', ✓ JL '%' J ry jC -D - j k ` y r � i! �r'��` r Irk•' ? � y EXPLANATION: TOTAL $ i DEPOSIT 1 Deposit consists of the following items CONN and CURRENCY $ CHECKS,M.O.,ETC $ SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP 1 NUMBER DATE c l f I Cys ASSIGNED The amount of moray described above is for Treasurer's receipt of above amount is approved. Receipt of above 1177-10s deposit into the County Treasury. acknowfdged f d1 4 Date .. w !� Signed: -- Signed: f Tiy! -' l - i)LI EX7 - Cou A+udifrr Title Deputy County Treasure D-34 REV.(7-93) COUNTY OF CONTRA COSEA DEPOSIT PERM#T OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CAUFORNIA 0 THE TREAStRtl R: ECOVED FROM ` + ORGANIZATION NUMBER `7-'`' tom, (For Cast Collection Ptoced res see CxAmty Adrrti r iaroWs bugetin 105.) '7Esaur SON FUNDJORG. /SUL TASK OPTION ACINfTY AMOUP T E I I I IL 3 1 1 1 f -1-1- 1 ; Av jI E i . ! C S t E i ! S t i t t E i I t i I 7 t S I E i I EXPLANATION: TOTAL $ ! DEPOSIT Fait consists of the fohowing iterns CLAN and CURRENCY $ CHECKS;MO,ETC- S BANK DEPOSITS S FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE !a•3,�r-I6 � `, ASSIGNED The amount of money described above is for Treasurer s receipt of above amount isapproved. Receipt of above amourtt is hereby deposit into the County Treasury acknowledged Dare Signed. ,` fid: Tits r jy' stl` EXT. DepWy County Treasurer 7-34 RPV.(7-93) COUNTY OF CONTRA COSTA DEPO W PERINlT OFHCE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA O THE TREASURER: r ECEVED FROM _ ORGANIZATION NUMBER --�"�- { (Far Cash Col6ction Pmce&m we County Adrninisimtor's bufietin 105.) DESCR TK)IV FUND/ORG. SUI' TASK ACTfVM AMOUNT ACCT. y $ ; r. 31 dl 4- t i 4 l I i t TOTALi EXPLANATION: DEPOSIT $ ' Deposit consists of the folbwing items COIN and CURRENCY $ CHECKS,MJM ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTRWIR USE ONLY DEPOSIT i / t ' NUS I R Dp� f 1 b 1 (0 I DATE I ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt amount is.hereby deposit into**County Treasury. Signe `! f I X d t tw Dote b' Signed: "_- Si d: EXT. �. �� C Auditor DepvtY County Treasurer j D-34 REV.(7-43) 0649-9665 l 831000: G1160128, $40,000.90, PA0015, Landscape Improvement Plan Review Deposit, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd #500, San Ramon, CA 94583 819800-0800: 01160119, $116,260.00, Sb80-06013, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 --H Winchester Blvd., Los Gatos, CA 95032 829800-0800: G1160120, $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: 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: 01160122, $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. 61160123, $7,660.00, RA 04-01182, Cash Performance Bond, LB/L' DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800. G1160124, $10,880.00,880}.00, RA 04-01183, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-08001. G1160125, $3,650.00, 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, DC 04-00051, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G1160116, $500.00, ZC04-639, Certificate of Compliance Offer of Dedication, Michael & Marianne Roundtree, 55 Bunce Meadows Dr., Alamo, CA 94507 0649-9665 / 831000: G1160119, $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: G1160120, $22,640.00,RA04-01179, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G1160121, $17.400.00,RA04-01180, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 8.31000: G1160122, $19 980.00,RA04-01181, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gates, CA 95032 0649-9665 / 831000: G1160123, $19,320.00,RA04-01182, Inspection ;Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gates, CA 95032 0649-9665 / 831000: G1160124, $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 FIRST TERM PREMi€tM IS FULLY EARNED Band No.: SIT 5007670 Premium: $11,375.0012 Yrs. Development: RA 1182 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Channel Place and Point Place to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: LBL---Due III Bethel Island LLC, as Principal and Arch Insurance Company , a corporation organized under the laws of the State of Missouri , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Seven Hundred Fifty Eight Thousand, Three Hundred Forty Dollars ($ 758,340 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment. Three Hundred Eighty Three Thousand Dollars($ 383,000 )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 nu.l 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 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 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 Februaa 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: j By: . Print Name: sose"h P. Fanelli Print Name: RgMond E. Gail Title: Chief Operating Officer Title: Attorney-in-Fact :mW CAW INDO W S\TEMP\BN-9.doc ............................................................... _._........................................................................................................................................................ State of California County of Santa Clara l ss. on February 3,2005 -_- ,before me, Terri A.Filice.Notary Public Date Name and Title of Officer(e.g.,"lane Doe,Notary Public") personally appeared Joseph P Fanelli , Name(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 tE to the within instrument and acknowledged Comm a*141M1 to me that he executed the same in his -tosawft authorized capacity, and that by his kmbaMUCOMW signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. W SS 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 Aueement LB/L Duc III Bethel Island Document Date: February 3, 2005 Number of Pages: 2 Signer(s)Cather Than Named Above: Raymond E. Gail—Arch Insurance Company 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 Operating Officer Partner-- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: LBL-Duc 111 Bethel Island LLC CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Counter of Los Angeles On 3 before me, Susan E. R.Iarales/Nota!y public NAME,MLE OF OFFICER personally appeared �.Rgmond E. Gail NAME OF SIGNER(S) Personally known tome -or- F-1 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 x .oA ,tz aqperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 19 U-0*,-n . (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 �] INDWID'UALIOWNER CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT Q PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT �] TRUSTEE(S) C-1 GUARD ANfcONsERvATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($)OR ENTITY(IES) Arch Insurance Company Arch .Reinsurance Cohan 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. Eliassen and R. G. Park of Pasadena, CA(EACH) its true and lawful Attorney(s)4n-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 credk. 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`been duly 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 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, 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 fec sim a"llunder ai5d' by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the. Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and tiled 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 Marta 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 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 ,2004 Arch Insurance Company Attested and Certified sacs Joseph S.LOOM,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. Labeff 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 than they being thereunto duty 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. MilOFFICIAL p� Bim. �r �Of CwmadiciA Igan,Melissa iI Notary Public My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labeil, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated -Eabruary 17.2 04 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, &unto U my name and affixed the corporate seal of the Arch Insurance Company on this day of ,20 Joseph$ 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 herd stated. � ittuwd Home Office: Kansas City, MO OOML0013 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.