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HomeMy WebLinkAboutMINUTES - 03082005 - 2005 RES 128 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 8, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005112 8 SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00051 (cross-reference Subdivision 80-06013), being developed by LBL-DUC Bethel Island LLC, Bethel Island arca. (District V) The fallowing document was presented for Board approval this date for Subdivision 80-06013, drainage acceptance file DA 04-00051, property located in the Bethel Island area, Supervisorial District V. A drainage improvement agreement with LBL-DUC Bethel Island LLC,principal,whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of off- site drainage improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken O.-Minatar.Public Works(ES) and entered on the minutes of the Beard of Supervisors on the date Contact: Chris Lau(313-2293) shown. G iGryflzta EngSva II6 240543-OS bA 04-00051 8Q-20.doc cc: Pubic Works- T.Hell,Construction T-January 8,2006 ATTESTED: MARCH 08 , 2005 LHI-DUC Bethel Island LLC 14107 Winchester Blvd.,#H JOHN SWEETEN,CIerk of the Board of Supervisors and County Los Gatos,CA 95032 Atter Joseph P.Fanelli Administrator Arch Insurance Company 135 M Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Raymmnd E.Gail By ,Deputy RESOLUTION NO.2005/ 128 SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00051 (cross-reference Subdivision 80-06013), being developed by LBL-DUC Bethel Island LLC, Bethel Island area. (District V) DATE: March 8, 2005 PAGE: 2 I. Cash Bond Performance Amount: $42,200.00 Auditor's Deposit Permit No. DP439616 Date: February 17, 2005 Submitted by: LBL-DUC Bethel Island LLC Taxpayer identification number: 20-09.22886 H. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5007666 February 3, 2005 Performance Amount: $4,177,800.00 Labor&Materials.Amount: $2,110,000.00 Principal: LBL-DUC Bethel Island LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/I28 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: 60113 (DA 005 1) Effective Date: 2> _ * Developer: LBL—Due III Bethel Island LLC Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: y'Vt (Signature) Lewis V.Milligan,Partne ,Authoriz ignatory RECOMMENDED FOR APPROVAL t l Pt By: (signature) Engineering Sete cesvis n J e h P.Fanelli,Partner,Chief Operating Officer FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ 42,200 cash,plus additional security,in the amount of$4,177,800 one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 2.110.000 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 of the securities may be reduced in accordance�,vith S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct, repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period, said improvement plans prove to be inadequate in any respect, Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury,death, property damage, inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. S. COSTS. Developer shall pay when due,ail the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RL:kw C:1W tNDGWSITEMPWG•17.doc Rev.April 6,2000 .................................................................... .................................................................................................................... _.......................................................................................................................................................................... State of California County of Santa Clara—) ss. On February 4 2QO5_ ,before me, Terri A. Filice Notary Public_ Date Name and Title of Officer(e,g.,"Jane Doe,Notary Public") personally appeared Lewis V.Milligan Name{s}of Signer(s) ■ personally known to me proven to me on the basis of satisfactory evidence to be the person whose name is subscribed —"Tt . to the within instrument and acknowledged � Ctxr m #,I& 141042; to me that he executed the same in his NokxyPubk•+G� authorized capacity, and that by his 3t wft Ckwo m* 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. r. Place Notary Seal Above Signature of Notary Public C?PTIONAL 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:Drainage Improvement Agreement LBIL I?uc III Bethel Island Document Date: February 4,2005 Number of Pages: 2 Signer(s)Cather 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 Tor 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 FebruM 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) ■ personally known to me O proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged ConwAgon#1410421 to me that be executed the same in his Sona Curti cvj* authorized capacity, and that by his Myrco".EVW AW 11, signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my band and official seal. i ai C!, LL, 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: Drainage Im,provement Agreement LB/L Luc In Bethel Island Document Date: FebruM4 2005 Number of Pages:,,.,,. 2 Signer(s)Other Than Named Above: Lewis V. Milligan and Maurice M. Shin Capacity(ies) Claimed By Signer Signer's Name: Joseph P Fanelli RIGHT THUMBPRINT OF SIGNER. Individual Trip 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. 11 WIN 11 State of California County of Santa Clara_) ss. On February 15, 2005 ,before me, K R. Cronin Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Daniel A. Duc Name(s)of Signer(s) ■ personally known to me d 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 "-=— signature on the instrument the person, or K R.CRONIN the entity upon behalf of which the person Commiaaian#I E70 NOtary Public-Cali!`ornta y; acted,executed the instrument. Santa Ciara County MYCa VMEn*m,Kart9, 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 'T'itle or Type of Document: Drainne Improve ent AMement Document Date: undated Number of Pages: 2 Signer(s)Other Than Named Above: Maurice M. Shiu,Lewis V.Milligan,Joseph P. Fanelli and. Encineeriniz Services Division Capacity(ies) Claimed By Signer Signer's Name: Daniel A.Duc RIGHT TRIIMBPRINT OF SIGNER Individual Top of churns 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 INCUTYMENCY 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 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 .bO-'bS , California, on this day of February, 2005. LEWIS V. MILLIGAN, Secretary 'SM64985611 _t 021105.10437028 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF DUC MOUSING 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 black on subsequent page.] 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 L S V. MILLIGAN T.W. IRELAND I.J. ROTHGERY ROGER GORDON �s�c�s4�aas.1 021105-10437026 _2o 1'00'3/003 F-307 EXI CTJTION IN COUNTERPARTS RBSOLVED, that this written consent may be executed simultaneously, its any number of coanterpaxta 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. DME+CTORS C DANIEL A.6TI15 GAN M. ROTHGrERY ROGER GORDON %J009868,1 „2, 02/14/12005 34:31 650-342--5070 PACIFIC INTPST FINAN PAGE 03 Ftp, 14 2005 1 : 36PMi JUC HDUS:''a Pt `tt[�r 2 EXECI.IT1.01N IN CC3T3N"I`ER.pARTS RESOLD, that this written consent may lie executed simultaneously any number of counterparts or by annexing signat= pages hereto, or on l': . copies, each of which shall be deemed ars original, but all of wl ch toget: _ 6hall constitute one and the same written consent. �i WITNF.sS WOP, the undersigned have executed- this Una ll r,,wous Wii,tt= Consent effective as of F*ruaiy ( , 2005. DIUCTORS LEWISDANIEL A.DUC V.MILLIGAN TGV. IRELAND 1� ROGER GORDON 1oJG'1648868.1 ;�4 {�1'l45.10437'p�8 Feb 14 05 O4: 01p Steven Gordon 408 868-9620 p. 3 EB, 14. 2005 1 :41PM DUC HOUSING PARTNERS NO. 0649 P. 3I3 EXECU]JON IN COUNTERARTS RESOLVED, that this written consent may be executed simultaneously, in any number of counterparts or by annexing signature pages hereto, or on facsimdle copies, each of which shall be deemed an original, but all of which together shall constitute one and the same written consent, IN WITNESS VaiER.EOF, the undersigned have executed this Unanimous Written Consent effective as of February. , 2015. DMECTORS DA1*TIEL A.DUC LEWIS V,MMUG.AN T.W. 1l(EIAND I-L ROTHGERY ROG ri _2- 021105.1t487C2@ i.v�+x�ex i tom`s,a�•xxxv5 ti..v�:K } C OF COUNTY ALS-CONTKXLER -�.�.- -/ w MARTINEZ,CALF-ORNiA ' �- #C►THE TREASURSt. 7 MCENED FROM OWANZATKX4 NUM-------------------------- �7 til ;d t. . 0 s Cash Cofisdm Pwax6m we Cow4y Adrr r otroWs BtAetn 10s,) DESCRFTK)NFU1 �T TAS ACTIVITY AMOUNT $ r # 4kajlu c # y Ir V l ✓ 1 d j({ l # t j # 09( t/ I iz v - 4 119Z llj�y� # J §'."' 7'. t `J{ 'VF'y'.i( 1'- ".tr \ V sr �t.>�Y r r. .r ! t j //v ) TOTAL $ �T rf f. �,« 'S ir ! _ �"t�"Il iJ:;✓ DETOSI i ottsk t3 of the f lmvkV itws COIN CURRENCY s < c Mme,ETC5 k AUDn DR-CC1NTRC klER USE 01W�. � y� ,t r.. .,� .'?)"` �; „.�,. � � _ /I .i (' eye Srr PERMIT DPNUMBER _ DATE }� ASSIGNED FJ The omot nt of rns smy desatibed c bene is for ;reosurer's receipt of above+m+cxin#is apprav�d receipt of abaft ttni depasit irdo Ow C«x+ty Treasury C Atxlrkx ) EX? ' t f C Y Trexxsur+er •34 REV.{7-93,)-, l� (— Ur*41 Y LX c..tA41 KA t.4►b to DEPOSIT PERMIT OFFICE OF COUNTY AUDffOR-CONTROLLER MART�Z,CALIFORNIA TO THE TREASURER: f' RECEIVED FROM ORGANIZATION NUMBER f,> Com? l (for Cash CoUcHon Procedures see Caur►ty Administrator's Bulletin 105.) DESCRiPTK)M FUND/ORC. ASUL TASK IVITY ON ACTAMOUNT c ,tc E 1. j K" .•' J '�s /-fir <' i .• E t t i 0 1 IL f1 1. 11 1J W �LL t 1 11 ( Ikr, J i E t r 144 2 L- I ALA I I I t I I E '`7/ S i', t t EXPLANATION: TOTAL $ t DEPOSIT E Deposit cot-sisfis of the fol6wiry its COIN and CURRENCY S CHECKS,MD,ETC. $ BANK DEPOWS $ ---- - FOR AUDITOR-CONTROLLER USE ONLY POSrr � DP V3yhIfo DATE b /1 - Ion ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Peceipt of above deposit into the County Treasury. � ackncrwl�dge� l 1 fid: Sued: V T46/ y1" t' )' - t`V EXT - t1 Audit- Signed- Deputy County Treasurer -sa RFV.gr.9sl COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER 'O THE TREASURER: MARTA JET,CALIFORNIA !' i ;ECEIVED FROM ORGANIZATION NUMBER (For Cash Collection ProcedLres seer County Administrator's Bulletin)O5.) DESCRIPTION FUNDJORG. ACCT.. TASK ACTWY AMOUNT' fil -IJ LIP-, �, ► I � L �?L6 I :'sem. -^> .� i f71/ '; i'f/ 1jt i 4 1 Jl I I f I I I I I I I I I fit t 1 } 1 1/. � t r JK�' V'Z :XPLANATION TOTAL $ } DEPOSIT 1 Deposit cordata of the following iterm COIN asci CURRENCY $ CHECKS,MO.ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERWT [)PNUMBER DATE / ASSIGNED fire amount of money descri6ed above is for Treasurer's receipt of above amount is approved. Receipt of above artxwnt is hereby deposit into**County Treasury. ocknowiedged. � _.. ......�� � �) caned. �-- F l( r'- .i s`,i EXT? .E{ y Auditor Deputy County Treasurer 34 REV.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDI TOR-CONTXMR -. M C?T TREASURER: ARTMZ,CALIFORNIA l ; :ECEIVED FROM ORGANIZATION NUMBER (For Cads Collection Pracedrxw we County Administrator's Wiefin 105.) SUBL DESCRVTION FUND/ORC ACCT TASK OPTION ACTIYTTY AMOUNT fI A L z 1 ! v E i I E ' 1 F t i E 1 E E t t E ! 1 t i i 1 r i XPL.ANATION TOTAL $ E DEPOSIT ! Deposit consists of the following items COIN and CURRENCY $ CHECKS;MCI.ETC $ BAW DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONVY DEPOSrf _ PERMIT D NUMM DATE 4396'411_-� FE.R, ASSIGNED —�* 'he arnoemt of money dewjibed above is for Treasurer's receipt of above amo4mt is approved Receipt of above anw wnt is hereby deposit into the Cousrty Tmwtny i rsi i % ,'.i= / EXT 's icor y County Treasurer 14 REV.(7-43) 0649-9665 / 831000: 61160128, $40,000.00, PA0015, Landscape Improvement Plan Review beposit, 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 819800-0800: 61160120, $9,320.0 , RA 04-01179, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-03800: 61160121, $6.700.00, RA 04-01180, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 45032 819800-0800: 61160122, $7.990.00, RA 04-01181, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 --H Winchester Blvd., Las 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: 61160124, $10.880.00, RA 04-01183, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 950332 819800-0800: 61160125, $3,650.00, RA 04-01184, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-08003: 61160126, $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, $500.00, ZC04-639, Certificate of Compliance Offer of Dedication, Michael & 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: 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: 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, $19,820.00,RA04-01182, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 01160124, $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, $1 f,300.00,RA04-01184, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61160126, $88,400.00,DG04-00051, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 FIRST TERM PREMIUM IS FULLY EARKLD Development No: Subdivision 6013 (RA 005 1) Band: #SSU 5007666 Premium: 562,667.00/2 Yrs. IMPROVEMENT SECURITY BOND FOR.DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1. OBLIGATION: L,BL--Due III Bethel Island LLC as Principal, and Arch Insurance Company (Surety),a corporation organized and existing under the laws of the State of Missouri and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, &Maintenance: Four Million,One Hundred Seventy Seven Thousand Eig=ht Hundred-Dollars ($ 4.177.800 - )for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Labor& Materials: Two Million One Hundred Ten Thousand ($ 2,110,000 )for the benefit of persons protected under Title 15 § et seq.of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in perimeter embankments and off-site appurtenances , as specified in the Drainage Improvements Agreement,and to complete said work within the time specified in the Drama"ge Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Subdivision 6013 3. CONDITION: If the principal faithfully perforins all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section. 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing tabor or materials to thein for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to mare such :?l±(-rations without further notice to or consent by Surety; and the Surety hereby waives the provision of rfoi. is Civil Code § 2819, and holds itself bound without regard to and independently of any action agaznsL Pi-ncipal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable acid Bey fe:-s fixed by court to be taxed as costs and included in the judgement. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly Deep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. Be 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 or labor thereon of any bind,or for amounts clue under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on February 3. 2005 PKINC A LBL—Duc 11 Bethel Island LLC SURETY. Arch Insurance_Company By J s P.Fanelli,COO Raymond E.Gail/Attorney-in-fact Address 14107 Winchester Blvd., Ste. H.Los Gatos 95032 Address 135 N.Los Robles Ave.##825,:Pasadena,CA 91101 :mw G:\GrpData\Fn&Svc\Forrw\BN WOR YBN-IOAoc Rev.February 3,2005 i- 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 Signer(s) ■ personally known to me El proved to me on the basis of satisfactory evidence MM AT I to be the person whose name is subscribed Camtr►WIoK�#1<1G3 to the within instrument and acknowledged No"Pubft-Caftwft to me that he executed the same in his + ► authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WIT SSmy� 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 Drainage Improvement Agreement LB/L Duc 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(ies) Claimed By Signer Signer's Name: Joseph P.Fanelli RIGHT TxuMsPRtxm OF SIGNER Individual Top of thumb here ■ Corporate Officer--Title(s): Chief Qperating 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 of Los Angeles On FEB 3 before me, Susan E. MoraleslNotary Public NAME,TME OF OFFICER personally appeared Aa mond E. Gail NAME OF SIGNER(S) Personally known to me -or: R Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL. Though the data below is not rewired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIINIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I1 DIVIDUAI,/QWNER CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT TRUSTEE(S) �} GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company Arch .Reinsurance Crmm an POWER OF ATTORNEY Know All mien 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 Attorney(s)win-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 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 sane hadyb6en 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 fired with the Secretary, or the Secretary shall have the power and authority to appoint its and a1ttomeys-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 facsimile under and 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 filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be aftixed 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. 00MI-0013 00 03 D3 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 Arca insurance Company Attested and Certified .. once car coRnmTe sm f S$7i J Joseph S. Ltbdl,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. Labeil 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 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. 0FFXW SEAL maim B.Gumm.Notey Ptd* sto at '' �Mel �fll Notary Public mak 26'MM 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 EebruaU 17,ZQQ4 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 Comfy. IN TESTIMONY WHEREOF, I have hereunto suhscdbed my name and affixed the corporate seal of the Arch Insurance Company on this day of....-FEB °" ,20 Joseph S li,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. csxrouxe� �be+wsl Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.Ar 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.