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Home My WebLink AboutMINUTES - 03082005 - C14 Y TO: BOARD OF SUPERVISORS i FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 8, 2005 SUBJECT: Approving the Drainage hn rovement Agreement, Bethel Island area. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 12 8 for DA 04-00051a cross-reference Subdivision 80-06013), ( rovin pp g the Drainage Improvement Agreement for project being developed by LBL-DUC Bethel Island LLC,Bethel Island area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON($) FOR RECOMMENDATION(S): Off-site drainage improvements are required to be contructed to comply with conditions of approval for this development. CONSEQUENCES OF NEGATIVE ACTION: Drainage Improvement Agreement and bond securing these off-site drainage improvements will not be accepted. g p p r Continued on Attachment:_ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER Y'. §IGNATURE(S):T:n4 000�& ACTION OF BOA ON M A R CN 08 __2005 APPROVED AS RECOMMENDED x x OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the x x UNANIMOUS(ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 08 , 2005 Originator:Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: Chris Lau(313-2293) KD:rm Supervisors and County Administrator G:\GrpData\EngSvc\BO\2005\03-08\DA 04-00051 BO-20.doc Pc: Pubic Works- T.Bell,Construction T—January 8,2006 LBL-DUC Bethel Island LLC 14107 Winchester Blvd.,#HBut Los Gatos,CA 95032 y Dep y Attn:Joseph P.Fanelli Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Raymond E.Gail v i • i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 8, 2005,by the following vote: AYES: SUPERVISORS GIOIA7 PIEPHOI DESAULNIER9 GLOVER AND UILKEMA NOES: NONE ABSENT: 1**-40NE ABSTAIN: NONE RESOLUTION NO. 2005/12 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 area. (District V) The following 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 Originator:Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Chris Lau(313-2293) KD:nn shown. G:\GrpData\EngSvc\BO\2005\03-08\DA 04-00051 BO-20.doc cc: Pubic Works- T.Bell,Construction T-January 8,2006 ATTESTED: MARCH 08 , 2005 LBL-DUC Bethel Island LLC 14107 Winchester Blvd.,#H JOHN SWEETEN,, Clerk of the Board of Supervisors and County Los Gatos,CA 95032 Aft:Joseph P.Fanelli Administrator Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Raymond E.Gail By ,Deputy RESOLUTION NO.2005/ 12 8 I I r` a t a Y� 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: 20-0922886 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, 2005/128 r s � r t DRAINAGE IMPROVEMENT AGREEMENT Subdivision: 6013 (DA 005 1) Effective Date: 2> C) Developer: LBL--Duc III Bethel Island LLC Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: : (Signature) Lewis V.Milligan,Partne ,Authoriz , ignatory RECOMMENDED FOR APPROVAL By: (Signature) Engineering Ser/ces 'vis n J e h P.Fanelli,Farther,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.) 1. 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 plans 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$4,177,800 bedxrl+otal one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 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 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(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,all 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 completeand/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. RLkw C:\WlND0WS\TEMP\AG-l7.doc Rev.April 6,2000 €,till State of California County of Santa Clara } ss. On February,,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 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 TERRI A.FK= to me that he executed the same in his Comm on#141MI Noftyh,,rbNoIs 00011da authorized capacity, and that by his soft cbm CM* signature on the instrument the person, or MY COMM. AW 11' the entity upon behalf of which the person ow--Invacted, executed the instrument. WIT SS my hand and official seal. U, 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: Drainage Improvement Agreement LB/L Duc III Bethel Island Document.Date: February 4, 2005Number of Pages: 2 Signer(s) other Than Named Above: _ Joseph P. Fanelli and Maurice M. Shiu Capacity(ies) Maimed By Signer Signer's Name: Lewis V. Milligan RIGHT THUMBPRINT OF SIGNER Individual Top of thumb here Corporate Officer--Title(s): Authorized SigrnatM Attorney in Fact Trustee Guardian or Conservator 13 other: Signer is Representing: Duc Housing Partners �I 1 II 11�I�IA��11�1 1�11��II1 a y i '°� ��:::�� '.��t:e''.0'`"'''µ+�: :i:is '� `::5,i•i��•�;:.•^".��'�"#•i5'"'t`?.,.'i>,'''.+i i�..`.,y4 '�:b iiiri::iiiiii[ l'�iir":i.<:p'Jjis :::i' 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 Joseph P.Fanelli , Name(s)of Signer(s) ■personally known to me CI proved to me on the basis of satisfactory evidence to be the person whose name is subscribed k Ato the within instrument and acknowledged N +k ty .. �� f�1 to me that he executed the same in his a► P u��C CAS 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. 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: Drainage Improvement Agreement LB/L Duc III Bethel Island Document Date: February 4, 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Lewis V. Milligan and Maurice M. Shiu Capacity(ies) Claimed By Signer Signer's Name: Joseph P. Fanelli RIGHT THUMBPRINT OF SIGNER Individual Top of thumb here ■ Corporate officer--Title(s): _ Chief Operating Officer Partner-- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Duc Housing_Partners,Ince„ , ,_ State of California County of Santa Clara ss. On Februar 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 11 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.GRONIN signature on the instrument the person, or ..�, Gomm"on#1343a7o the entity upon behalf of which the person Notary Public-Galiibmi acted,executed the instrument. Santa Clara County A#y01111 !01'"�'"�'`' '"' �� WITNESS my hand and official seal. :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: Drainage Improvement Agreement Document Date: undated Number of Pages: 2 Signer(s)Other Than Named Above: Maurice M. Shiu,LewisV. Milligan,Joseph P.Fanelli and Engineering Services Division Capacity(ies) Claimed By Signer Signer's Name: Daniel A. Duc RIGHT THUMBPRINT OF SIGNER Individual Tap 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 rt' 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 2. The following individuals are the duly elected officers of the corporation and they continue in such capacities as of the date of this Certificate: Officer Title Daniel A.Due President Daniel A.Due Chief Financial officer Lewis V. Milligan Secretary Joseph P. Fanelli Chief operating Officer � Executed at LOS �Ckzs , California, on this day of February, 2005. LEWIS V. MILLIOAN, Secretary 1SJG1649856.1 _ 321105-10437028 ♦ UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF DISC 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 limitation, any road improvement agreements, subdivision agreements,reements, 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.] \SJC\649868.1 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.Abuc _ ipwll V. MILLIGAN T.W. IRELAND J.J. ROTHGERY ._.� ROGER CORDON \sJc\649868.1 021105-10437028 16.1n rnum- T-444 P003/003 F-307 EXECUTION IN COUNTERPARTS RBSOLVED, that this written consent may be executed simulmeously, in any number of coantcrp acts or by annexing signator 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 W 0 the undersigned have executed this Unanimous written Consent effective as of February 12005. DMECTO RS ' r DANIEL,A.4bUIE .r `MNOW00""`_ V. MMLIOAN T.W.IRE - J.J. ROTH ERY ROGER GORDON 02110540437028 02/14/2005 x,4. 31 650-342-5070 PACIFIC INTRST FINAN PAGE 03 Lb. 14. 2M I - 36PM -)UC E-10US'Ci PARTS E R EXECUTION IN COUNTERPARTS RESOLVED, that this written consent. may be execute. simultaneousl-' any number of counterpart& or by annexing signature pEiges hereto, or on 1'. .nil copies,each of which shall be deemed an olicrinal, but all of wWch ioges,!- 'hall constitute one and the sa=written conacnt. IN `UGITF S WHEREOF, tete unde,--ssiped have exeeuted Us '�Ylzittm Consem off t.ve as of e,bruary 1 , 2005. DMECTOR. D-/Ail UL A.DUC LEWISV.MILLIGAN T.W. IRELAND 1 { ROGER GORDON 021105.1 M7028 R�� Fe 14 05 04: Clip Steven Gordon 408 868-9G20 p. 3 F EB. 1 4. 2005 1 .41 PM DUG HOUSING PARTNERS NO, 8649 P. 3/3 EXF,C J'TION IN COUNTS RJESOLVED, that this written consent may be executed simultaneously, in any number of counterparts or by annexing signature pages hereto, or on facsin le copies, each of which shad be deemed an original, but all of which together shall constitute one and the same written consent. IN WITNESS WBEREOF, the undersigned have executed this Unanimous Written Consent effective as of February 12005. DIRECTORS DANM A.DUC LEWIS V T.W. MFIAND I.J.ROTHGERY r� ROG Go CSN 021105-10437028 %.WL"I T LII/"%., "N 1 IU%L/.V%71tt DEPO►W PERMIT _ OFFICE OF COUNTY AUDITOR-CONTROLLER' MARTINEZ,CALIFORNIA TO THE TREASURER: ;`;�} A-4 RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SUB.ACCTTASK OPTION ACTIVITY AMOUNT qjl 01VI rliwo 11v 0/1 1 M, ,.+�,,,,I i,r, y J,} �,,, _.._��•moi. `•, rx'� I�r i� f f} { �.r- f f � ),'�."..f�.,,....,rl.�I .:.,�:.�rr•tf� f'•r ! 7/"r' f{� r.4....'.y t r"{i (t�� n a f �t ♦S f Flr .3 y..4'�, ,:w ��+� r`♦1 L� t�o� � k,4 17 J- q a14 q1I F{j i fit, 1?4 ,..�.. /,rpt .i f Jj'j{Jpf/��'S y 4 i jI i r ,�y"t7�I(/Jf/Jy,� •�)y i rr,` /;. r)r 'f K j ! .:F i r + .. .+';41„'rr rt Jar y t {r, y r"irr•''.3+-t f r i x�J��J' Y «r114'-"'.``r ! J > ►-,� vil.. EXPLANATION: TOTAL $ # '" '+ 4 F` i" .' DEPOSIT l� 1. ..+� .- lee �i Dep ' Consists of the following items 6.1.,_4 i � F �...��F't.'r�' t,+�� jf!` /1�2 fs+ COIN CURRENCY $ M.O.,ET BAIvI POSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT , ..PERMIT DP 2') ,�- -�' .; <r-' r n / f �- NUMBER • !+�+�« DATE !� ASSIGNED r" The amount of money described above is for Treasurer's.-receipt of above amount is approved. Receipt of alcove ar fnrt� deposit into the County Treasury. acknawted r/"".3tF j. rr •, t_ Ili T 4•� � �t. .....«....w•wr•..-..... � .. � ,L:'.4'.fr + 4. ;!.. r }�'j Date 1t'{i�"'+. `' �•�`" �", � 1R *k� ,�; '�-.1= ail TSigne ?' ' -� `-? /' EXT. County Treasurer �. .. D-34 REV.(7-934.-. 6 5 . k-UUN I Y Ut L..L^1 KA%.UZI1A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER. RECEIVED FROM Irrrr YirrrlYYYYYY Y�YrYYYrYrYYIYr-r YYYrlll��l I YYrr��I IY��I�r��Y�Yr ORGANIZATION NUR � r 1 - , - , . .�w�.Yw�rY�Yi�irrrlY r�rY�r�-rrrY- .rY�—Y��rY—Y�r�r-��niY—r�i Y.rr�rYYY�IY..rr rr.�r.Y�Y� (For Cash Collection Procedures see County Administrator's Bulletin 105.) SUB. DESCRIPTION FUND/ORG. CCT ACCTASK OPTION ACTIVITY AMOUNT i it• f r„}[[ - $ 1 giv 1 I&YAJUA e/1'• L _ 4 • •f !++».ems y `� ! ...r►`y,�f.''w� f ��5t-�-.'i'_ }a.. f� ��'' 'r.��'_[f''...,.f -�{.."^ i f / fj+► f�Fj jj �A`J¢�1 a.,'`` Y r( ../" /'�'i•4w f r j v� IP ' '22i I I I W1 I I I I I L IL zi I q. lit A I y 140"1 1 -1 1 1 1 1 1 -1 1 1 1 1 1 =tL !L . r I - jIi J •^ e J''• /f� r r EXPLANATION: TOTAL ,$ DEPOSIT Deposit consists of the following items CAIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP.V-3 5 1 NUMBER DATE ASSIGNED . The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of'above M67�5deposit into the County Treasury. acknowSi Date7 ' raic,ned: '`'`- Signed: ' '� V EXT*:::?— It•s p r �. De ACou Auditor Deputy County Treasurer D-34 REV:(7-93) * R COUNTY OF CONTRA COSTA DEPOSIT PERMIT . OFFICE OF COUNTY AUDITOR-CONTROLLER _ MARTINEZ,CALIFORNIACA,LIFC�R NIAf- TO THE TREASURER.: RECEP/ED FROM ORGANIZATION NUMBER -� t5mT "i (For Cash Collection Procedures see County Administrator's Bulletin 105.) FUND ORG. SUB. TASK OPTIOhi ACTMTY AMOUNT : DESCRIPTION ACCT. $ , L1) 4 -e7 All . J 2 t,, T 1 a It T .j .. ls7' 4 1 i t I I t Al aA { f "L ..r'/f''� .3 z .'ti.,`•moi�.. , ! .: ; x�'r;' F� , ,4 ' ""'f "' r t f Ell "�r lit Vi. 1 -1 J- f •~' /t fes,,, ,,�!�s''• k� 1 1 /....w"` • 1 1 1 1 TOTAL � � EXPLANATION: DEPOSIT t Deposit consists of the follows Mems COIN and CURRENCY $ CHECKS,MSO.,ETC. $ . BANK DEPOSITS $ FOR AUDITOR-CAROLLER USE ONLY DEPOSIT : -- PERMIT DP NUMBER DATE ASSIGNED • Treasurer's receipt of above amount is approved., Receipt of above amount is.hereby The amount of money described above for ack deposit into the County Treasury. LL �, t . r Date+? „rrl�; t �... Signed: ., i _ Signed: � Deputy County Treasurer �,... , .. ' EXT.'S- Dep TitlCou y Aua , �' � D-34 REV.(7-93) • COUNTY OF CONTRA COSTA ' DEPOSIT PERMIT - ) OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA ,1 TO THE TREASURER: RECECVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. ,Y\. rte: 'R++,. ) j ff•`if }'+ i(t i T�'ryt.r r'' J�Jry,i,r,. 1 ,,�L�7 � r' �� ..•,,, � � E111111 � �/�' � � 1.Jiji' J�{ J�j�,� 7� .tI'fr�,s F. f Y �i,.�."'r`r f t � �'r'+�� f(»-+'r• J I A t 1 j IF &4 f(l` .a+wr"".i �Iejo t I I I I I I I I I I I I �F t♦j j�� ' L...r'< er .�.. ar ...� """'� �f C mow.! 4....•w./ ! ! ! i{ } ! ! ! 1 ! ! ' t ! EXPLANATION: TOTAL $ ! DEPOSIT ! Deposit-cox-sists of the following items COIN and CURRENCY $ CHECKS,K0,ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER „ rp DATE i ` "t ' ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is.4approved. Receipt of above amount is.hereby deposit into the County Treasury. ackrww'edged ^ CT Si7 ,.:' t_ ^jL t;,t Date '( N off. { � t Signed: r Tit' 1` jr` EXT."':- Auditor ty County Treasurer )-34 REV(7-93) 0649-9665 831000-- 61160128, $401000.001 PA0015, Landscape Improvement Plan Review Deposit, Windemere BLC Land Company LLC, 6121. Bollinger Canyon Rd #500, San Ramon, CA 94583 819800-0800: G1160119, $116,260.00, 5[)80-06013, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G11601201 $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: G11601211 $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: 61160122, $7,990.001 RA 04-01181, Cash Performance.Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G1160123, $7,660.001 RA 04-01182, Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G11601241 $10,0880.001 RA 04-01183, Cash Performance Bond, LB/L DUC III Bethel Island/ 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: G11601251 $3,650.001 RA 04-011841 Cash Performance Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 819800-0800: 611601261 $421200.001 DG 04-000511 Cash Performance Bond, LB/L DUC III Bethel Island., 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 831000: G11601161 $500.00, ZC04-639, Certif icate of Compliance Offer of Dedication,' Michael & Marianne Roundtree, 55 Bunce Meadows Dr., Alamo, CA 94507 0649-9665 831000: G1160119, $186,520.00, Sb 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: G11601211 $17f400.00,RA04-01180 Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G11601221 $19,980 00,,RA04-01183., Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G11601231 $19 320 00,RA04-01182, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G11601241 $25,760.00,RA04-01183, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G11601251 $11,300.00,RA04-01184, Inspection Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: G11601261 $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 EARNED Development No: Subdivision 6013 (RA 005 1) Bond: #SU5007666 Premium: $62,667.00/2 Yrs. IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1. OBLIGATION: LBL—Duc III Bethel Island L as Principal, and Arch Insurance Company (Surety), a corporation organized and existing under the laws of the State of Missouri and organized and existing under the laws of the State of California,as Surety,hereby j ointly and severally bind ourselves,our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, &Maintenance: Four Million,One Hundred Seventy Seven Thou Ei,ght Hundred Dollars ($ 4,1177,800 for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Labor& Materials: Two Million, One Hundred Ten Thousand ($ 21110,3000 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 Drainage hnprovement 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 performs 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 labor or materials to them-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 make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of 14 k_.ai`Lf6ir,ia Civil Code § 2819, and holds itself bound without regard to and independently of any action against Pr-'ncipal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable actcj.mey tees fixed by court to be taxed as costs and included in the judgement. 39 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 keep 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 attorneys fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B* The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due 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, costs and reasonable expenses and fees, including reasonable attorneys 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 o regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on February 3., 2005 PRINC A LBL—Duc,JII Bethel Island LLC SURETY Arch Insurance Company_ By By �!? ,- , ' -, V J se 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,Pasaelena,CA.91 101 :MW G:\qTp,aIa\"gSvc)Fonns\BN WORMBN-10.doc iy-3 21 35' 'I'm IN I illy c Yom~ `: State of California County of Santa Mara } 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 Names)of Signer(s) ■ personally known to me ❑ proved to me on the basis of satisfactory evidence AWL 06 to to be the person whose name is subscribed Mei Ift A. C^Tv"b*M*1411 to the within Instrument and acknowledged Noloy f Ic• ft"g- to me that he executed the same in his Soft Ckm Ct w*200 authorized capacity, and that by his 'MV Comm� ►I i• person'low--10E—w .,,signature on the instrument the or the entity upon behalf of which the person acted, executed the instrument. WIa".S 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 Drainage Improvement Agreement LB/L Duc III Bethel Island in�i ■�pl��l��lll 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 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 III Bethel Island LLC CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On FEB - M before me Susan E. Morales/Nota Public NAME,TITLE OF OFFICER personallyappeared Raymond E. Gail .. NAME OF SIGNERS) ® Personally known to me - or- ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), SUrWM E,,N10,RA41-ESand that by his/her/their signature(s) on the instrument the o� Pubficncari �°ni person(s), or the entity upon behalf of which the person(s) .. . LOS U0 r acted executed the instrument. Vj r afar°." y Comm.Exp Dec_ (X WITNESS my hand and official seal. 6W coon 4 - /7?6.2 (SIGNA TURF OF NO TAR 1) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT F-1 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company Arch Reinsurance Company POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff,Susan E. Morales, George A. Munana, Matthew J. Huggins, Eric Schmalz, David A. Eliassen and R. G. Park of Pasadena, CA(EACH) its true and lawful Attorney(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 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 ha&b6eh 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." 10, 7 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 affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOM L001 3 00 03 03 Page I of 2 Printed in U.S.A. i V 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 O4 Arch Insurance Company Attested and Certified anece� SEM 1971 MliiOYf0/-00'- Joseph S. L44 Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS 1 Melissa B. Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. . F4EU OFfKyA�l.SEAL.MA B.G111) AH,N&Ay PWak /Zj .State of Melissa Gilligan, Notary Public Co lvr& .n . F 28,2005 My commission expires 2-28-05 CERTIFICATION 1, 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, 1 have hereuntoed my name and affixed the corporate seal of the Arch Insurance Company on this day of am _j20 Joseph S&Keiocorporate 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. o came sou � 197! Home Office: Kansas City, MO OOMLOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. r 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.