HomeMy WebLinkAboutMINUTES - 03082005 - C6 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU., PUBLIC WORKS DIRECTOR
DATE: March 8, 2005
SUBJECT: Approving the Road Improvement Agreement for Navigator's Place, Halcyon Place, and Isle
Place,Bethel Island area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RJECOMMENDATION(SI:
ADOPT Resolution No. 2005/ 120 for RA 04-01179 (cross-reference Subdivision 80-06013), approving the
Road]Improvement Agreement for Navigator's Place,Halcyon Place,and Isle Place,being developed by LBL-DUG
III Bethel Island, LLC,Bethel Island area. (District V)
FISCAL IMPACT:
None.
BACKGROUND/REASO(S)FOR RECOMMENDATION(SI:
RA 04-01179 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road hnprovement Agreement will not be approved and road improvements will not be completed.
Continued on Attachment: SIGNATURE:
L.-ofMCOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): 600er
ACTION OFBO ON MARCH U8 2M) APPROVED AS RECOMMENDED Xx OTHER
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 on the
VOTE OF SUPERVISORS NONE date shown.
Xx UNANIMOUS,(ABSENT
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: MARCH 08, 2005
JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES)
Contact: C.Lau(313-2293) Supervisors and County Administrator
.)D:nn
G:1GrpData\EngSvc1BO12005\03-08\RA 04-01179 BO-15.doc
cc: Public Works-T.Bell,Construction
A.. Current Planning,Connnunity Development
T—1-8-06 By Deputy
LBL-DUC III Bethel Island,LLC
14107 Winchester Blvd.,#H
Los Gatos,CA 95032
Attn:Joseph P.Fanelli
Arch Insurance Company
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
Attn:Raymond E.Gail
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, GLOVEM AND UILKaD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 120
SUBJECT: Approving the Road Improvement Agreement for Navigator's Place,Halcyon Place,
and Isle Place,RA 04-01179,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 Navigator's Place,Halcyon
Place,and Isle Place,road acceptance file RA 04-01179(Subdivision 80-06013)property located in
the Bethel Island area, Supervisorial District V.
A Road Improvement Agreement with LBL-DUC III Bethel Island,LLC,principal,whereby
said principal agrees to complete all improvements,as required in said road improvement agreement,
within one year from the date of said agreement. Improvements generally consist of road and
drainage improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES) on the date shown.
Contact: C.Lau(313-2293)
JD:rm
G:\GrpData\EngSvc\BO\2005\03-08\RA 04-01179 BO-15.doc ATTESTED: MARCH 08, 2005
cc: Public Works-T.Bell,Construction
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and
T—1-8-06
LBL-DUC III Bethel Island,LLC County Administrator
14107 Winchester Blvd.,#H
Los Gatos,CA 95032
Attn:Joseph P.Fanelli
Arch Insurance Company
135 N.Los Robles Ave.,#825 By Deputy
Pasadena,CA 91101
Attn:Raymond E.Gail
RESOLUTION NO.2005/ 120
SUBJECT: Approving the Road Improvement Agreement for Navigator's Place,Halcyon Place
' ' y '
and Isle Place,RA 04-01179,Subdivision 80-06013,being developed by LBL-DUC
III Bethel Island, LLC, Bethel Island area. (District V)
DATE: March 89 2005
PAGE: 2
I. Cash Bond
Performance Amount: $9,320.00
Auditor's Deposit Permit No. DP 439616 Date: February 17, 2005
Submitted by: LBL-DUC III Bethel Island, LLC
Taxpayer identification number: 20-0922886
IT. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU5007667 February 3, 2005
Performance Amount: $922,680.00
Labor&Materials Amount: $466,000.00
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. 2005/120
UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS
OF
DUC HOUSING PARTNERS,INC.,
A California Corporation
The undersigned, being all of the directors of DUC HOUSING PARTNERS, INC., a
California corporation, acting pursuant to the provisions of Section 307(b) of the California
Corporations Code, hereby adopt the following resolutions:
AUTHORITY TO EXECUTE INSTRUMENTS
WHEREAS, it is the desire of the undersigned to authorize this corporation's
Secretary, Lewis V. Milligan, and this corporation's Chief Operating officer,
Joseph P. Fanelli, to execute any and all contracts or other documents on behalf of
this corporation in connection with that certain entity known as LB/L-Duc III
Bethel Island LLC, a Delaware limited liability company, including, without
limitation, any road improvement agreements, subdivision agreements, drainage
improvement agreements or similar instruments that may be required by any
applicable municipal or county governmental authority or regulatory agency;
therefore it is
RESOLVED, that this corporation's Secretary, Lewis V. Milligan, and this
corporation's Chief operating Officer, Joseph P. Fanelli, are hereby authorized,
each acting alone, to execute any and all contracts or other documents on behalf
of this corporation in connection with that certain entity known as 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.]
\SJc\649868.1
021105-10437028
~ R
# 1
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.,14_, 2005.
DIRECTORS
DANIEL A. U'C --
L IS V. MILLIGAN
T.W. IRELAND
J.J. ROTHGERY
ROGER GORDON
1SJC1649868.1 -2-
021105-10437028
1t'hurl T-444 P003/003 F-307
Y R
Y
4
EXECUrION IN COUNTERPARTS
RBSOLVED, that this written consent may be executed simultaneously, in any
number of coanterparts or by annexing signstm pages, hereto, or on facsimile
copies, each of which shall be deemed an orig-inal, but all of which together shall
constitute one and the same written consent.
IN WrTNESS WHEREO , the undersigned have execumd this Unanimous Written
Consent effective as of February , 2005.
DMECTO RS
s
DANIEL A.�bfjC
moo
yal"Is V. MILLIGAN
J-J. RO"I'HGERY
ROGER G ORD ON
-2„
Q211�•it1037�2�1
02/1'4/2005 ►14: 31 650-342-5070 PACIFIC INTRST FINAN PAGE 03
�Lb- 14, 00� I - '6PM DUC Hou"'Ac PARTNER"
EXECUTION IN COUNTERPARTS
RESOLVED, that this written consent may be executed simultaneousl,-y any
number of counterparts or by annexing signature pages hereto, or on 1*:.1.11"jjni1%.1'
copies, each of which shall be deemed an ol-iginal, but all of wWch roget',!.t.; gall
constitute one and the,&ano written consent.
IN WITNESS WHEREOF, the undfxisiped have executed Us
Consent off active as of Pebruary 2005.
DMECTORS
DANIBL A.DUC
LEWIS V.MILLIGAN
T.W. IRELAND
ly ; -Y
ROGER GORDON
-210
-Feb 1 4. 05 Q4: 01 p Steven Gordan 408 868-9G20
a EB. 14. 2��� 1 .41 P DUC HOUSING PARTNERS NO. 8649 P. 3/3
EXECUTION IN COUNTERPARTS
RF,SOLVED, 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 WI-MREC the undersigned have executed this Unanimous Written
Consent effective as of February , 2005.
DMCTORS
DANML A.DUC
LEWIS V,
T.W. MELAI" D
J.J.ROTHGERY
"ROGGOADON
tS,iC1�4���i8.1 _2_
027105-10437MO
VWL"i T Wr`%,r"1411%^L.WJ1^
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER - -----
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM ,* i
_._.__. .� ORGANIZATION NUMBER _.._. V_.._..-__-,—_
l. xS,.r.4r_-ra.wr_r' i +rw_ i n i .ri__ rw,.•.r •.
r- r
(For Cash Cdledion Praocedures see County Administrator's Bulletin 105.)
SUL
DESCRIPTION FUND/ORG. TASK OPTION ACTIVITY AMOUNT
ACCT.
J-4 r4k I . i I I I I I I I I I I I I I
♦" &(7
a5l r�) w...• �r 1`.� � /w�1�'� (� s �•'..t'. rr�` f.� `1! �"'i ,-'r' �1�.
T-. 6
ae. r
�✓ f +r'"�r} i.� ,j�. �ffj' F (jJ .'""«�� .{r . :"3 f`'"-., } � ".{r"`".,j ` r y�j,.:+.r
,*" ✓Jtjr+.,.,•" tom; ro t V f/Rff/f ` }
1 ter•
�+�' � _. •�J y�d,=-' � y�' t. � j
7✓ i ( f, j t. «f• a'wr«r' /r
T L4 6VIL,
j .,tet •. :-.,
----^' 44
f 1•- a e-• �i 'i� fid" �� "+ .` i *-_. / '.
44-
141—
I
✓e J` '}I , , ,f+•.,
{ , R... ..i ..- �� i �"`•. !^"F.y % • ( 'a'"+... ` �{S � #f 1. t 't�M /f!� `•� !""f�,�,} !..�!'��.f �.'"'��..%
/f '►f rq ;.� •.,,,•``" �• A ,r+w,.. � ''•r�,`2yr;.f(` �;_x. .{,, r 4.,--1 d i,:y!r,T/f ,{f v..r,,., �^tt f''+''
r � ; rf Frf f�"• =L•i 1 � r a�f J`�•' } -�,'� .. JI �j/fj r / .,;•!jlfr/ /J I !. )
EXPLANATION;_ , TOTAL $
/U
: DEPOSIT
. •i Dep ' consists of the fdkming items
j COIN CURRENCY $ o0
//#
-, f. _.. M.O.,ETC. $__;.:f` -'.` q .. _.s
BANKE6OsrTs $ a
"' ., ; ,,. _`r . . - •-, ., ti ,? r y^
FOR AUDITOR-CONTROLLER USE OS:Y
" DEPOSIT
.� .:.
.PERMIT ''y � •
NUMBER
;..+«' d "fir•. i...-".
f DATE
ASSIGNED
'The amount of money described abcnre is for Treasurer's:receipt of above amount is approved Receipt of alcove ar�odntfi e
deposit into the County Treasury. ., ackrKv�d
Si r ,: f { Date
:M led* _ Sigamie :
r' .. C Audifory County Treasurer
D-34 REV.(7-934_ ,,i ,
t.UUN I Y Ur t.UN i KA%.U,1A
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER f
MARTINEZ,CALIFORNIA
TO THE TREASURER: • =`` '
RECENED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
SUB
• G!+..•..' s- T! [ . r.J�r it�•4 ` � �ttJ !�;}j+,i , "` . _ .Z xY T r,{J.e:.j.:r. .."{��jjjjjj r//�^^•••r'f".}DESCRIPTION FUND/ORG. ACCT.
r.r. TASK OPTION ACACTIVITY.
iPA
TY AMO/J/^U.Y:rIN•T
f j1
r�.f•�11
IC-
r
,r4ir=
7 .r
TL42
(7,
t F
r
1 '
........qZ },,,.r' .wQ JJJr-+•,.,. ..y y/ 1 !,:^^ r.- .-.• !7i ty++t i,r"
/ . �i''t ,fe�T � �+" ia,x r�el�„,/ ,x{� J t.�,•'..;C, IC-..1
WY.
-"
• ,1 I.., � :t i +rte
ij
V,
Itr+ it �',°4 ~• ' `. ' 1�#•'"'
pn•y
1
t
r,• /i" �7,,,,/ ,z r t
W
� 1
'ZO
(AV,
EXPLANATION: TOTAL $ t
DEPOSIT 1
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP ,
NUMBER
DATE
ASSIGNED i
The amount of money described above is for Treasurer's receipt of above amount is*approved Receipt of above a
4pposit into the County Treasury. acknow
St9e �`.
il= d I Sk►ned• _ k Signed.
Title. _ ExT." -- ' =`'j �u De Cou Auditor '
: p 'Deputy County Treasurer
D-34 REV.(7-93)
COUNTY OF CONTRA COSTA
t
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER.
RECEIVED FROM
J1,
ORGANIZATION NUMBER
(For Cash,Coliedion Procedures see County-Administrator's Bulletin 105.)
... DESCRIPTION FUND/ORG. ` TASK OPTION ACTIVITY AM0U�VT'
..
.ACCT.
.# / j{j if�a r f ra „,n-•- Jf/ Jf) •.r�r"'i i. ('f~
4_711
JILL .r'4.�'dt'.i.! •iLfs''.�.." V ri+«tet.. •`'' it
!.
r{
c
% w f t-'j,rtr y�.iri J"ti,�„��? •i ��t i f �+rJ�� � �!��
i
jj
1
s
IF
I J I I I I I I I I �1 I I I
1
EXPLANATION: - TOTAL $
DEPOSIT
Deposit-consists of the following items
COIN and CURRENCY $
CHECKS,AW.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
r7Ca w 'ice'r, t pw►, "I f
DokTE
SrC'
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is-approved. Receipt of above amount is.hereby
deposit into the County Treasury. acknowledged.
Signed: q Signed:
Titl µ ''� EXT. : e4uditrx Dep ty County Treasurer
D-34 REV.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER: '.
f _f
RECEIVED FROM
ORGANIZATION NUMBER --- ''-
i ' i t j*•t
C ti
■ J
(For Cash Coliection Procedures see County Administrator's Bulletin 105.)
FUND/CNtG. SUS`' TASK OPTi41'�i ACTIVITY AMOUNT}:. DESCRIPTION ACCT.
lic
22J
j i j3 � � •.��.
77�
17!
• r 1
Y» I M
1 t I I L-
5 D 4.0""',61 1 J- I
1'J � y�F� r•r ,� xis � wr{[3 4.»•t
C-4j:--�-A __P lfl�&' LLL J/
tloor
F � ii✓WW✓J f i
Lj
i
rt
#q
' f7 4 � j
O�ZWq 9 4
I I -A
Z6
Of
17
I I I -A I I-
» '�' ftL'� x c r�t/4 � I`r f �'.tI t r!"..� ....y!''1 !r t,`•J jf' ,w„1ry� 1' s .::s-
..:� ./' IV t�J''L ✓ r, �4 ...t '•} ,. cr [-'Sr� ��` � r i r
L f
v'
TOTAL $
EXPLANATION:
DEPOSIT
Deposit consists of '1e following
r
0649-9665 / 831000-- 61160128, $40,000.00, PA0015, Landscape
Improvement Plan Review Deposit, Windemere BLC Land Company LLC, 6121
Bollinger Canyon Rd #500, San Ramon, CA 94583
819800-0800: 61160119, $116,260.00, SD80-06013, Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
819840-0$00: G1160120, $x,324.00, RA 04-01179, Cash Performance Bond,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
950:32
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: 61160122, $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: G11601231 $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: G11601241 $10,880.00, RA 04-011831 Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
819800-0800: G11601251 $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: 611601261 $42,200.00, D6 04-000510 Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
0649-9665 8310006 G1160116, $500.00, ZC04-639, Certif icate of
Compliance Off er of Dedication, Michael & Marianne Roundtree, 55 Bunce
Meadows Dr., Alamo, CA 94507
0649-9665 i 831000: G11601,19, $1861520.00, Sb 80-06013, Inspection
Fee, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: G11601201 $22,b40.00,RA04-01179, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: G11601211 $17,400 00,,RA04-01180, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: G1160122, $19,980.00,RA04-01181, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: G11601231 $1' ,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,,760.0 ,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: G1160126, $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
Bond No.: #SU 5007667 Premium,-- $13,840.00/2 Yrs.
Development: RA 1179
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along Navigator's Place, Halcyon Place and Isle Place to complete said work
within the time specified for completion in the Road Improvement Agreement,all in accordance with State
and local laws and rulings.
2. OBLIGATION: LBL—Duc III Bethel Island LLC, as Principal and Arch Insurance Company_ a
corporation organized under the laws of the State of Missouri , and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
r"I
A. Performance: Nine Hundred Twenty Two Thousand,nousand, Six Hundred Eighty Dollars
($ 922,680 for itself or any city assignee under the above County Road Improvement
Agreement,plus
B. Payment: Four Hundred Sixty Six Thousand Dollars ($ 466,000 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
s Znee,its officers, agents and employees,as therein stipulated,then this obligation shall become
nail arl-d 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 attorneys fees,incurred
i
by the County of Contra Costa or city assignee, n successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4, SIGNED AND SEALED:
The undersigned executed this document on February 3, 2005
PRINCIPAL: LBL—Duc III Bethel Island LLC SURETY: Arch Insurance Company
Address: 14107 Winchester Blvd... Suite-IT Address: 135 N. Los Robles Ave. #825
City: LosGatos City: Pasadena, CA 91101
By: By: <
Print Nan4e;- osevh P. Fanelli Print Name: ReMond E. Gail
Title: Chief Operating Officer Title: Attorney-in-Fact
MW
CAW1NDOWS\TEMP\BN-9.doc
WEE
State of California
County of Santa Clara } s s.
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
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed
to the within instrument and acknowledged
TERM A.FKXM to me that he executed the same in his
,-rAp Camp#1410421
Notary Putft- aftela authorized capacity, and that by his
ScNNo Ckm Comer signature on the instrument the person, or
MVC°"M'E 'er'1 1 o 2► the entity upon behalf of which the person
acted, executed the instrument.
WIT SS my hand and official seal.
� d1
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document: Improvement Security Bond for Road Improvement Agreement
LB/L 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 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
Counjy0fLos Angeles
On FIEB - 3 2005 before me Susan E. Morales/Nota Public
NAME,TITLE OF OFFICER
personally, appeared RqymondE. Gail
NAME OF SIGNER(S)
® Personally known to me - or- ❑ Proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
f,7 t�I y� ,...,
and that by his/her/their signature(s) on the instrument the
D to Q., '�
0
32° 2 person(s), or the entity upon behalf of which the person(s)
``��` �" Notary ubler•Cagfornia acted executed the instrument.
L 1 0,1--A N G E L US D Uw,
V�`}Ve 4
V*lf!j WITNESS my hand and official seal.
ow-Zlejo aen -t /��?Cn
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL/OWNER
F-1 CORPORATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
F-1 PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Arch Insurance Company
Arch Reinsurance Company
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance company,a corporation organized and existing under the laws of the State of Missouri,having its
principal office in Kansas City, Missouri(hereinafter referred to as the*Company")does hereby appoint
Lawrence W. Cadstrom, 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 had'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 Ned with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,.
and to authon'te 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 wrifings,, 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 facsiftkurt"der' 60J Ijy 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.
OOMLOO13 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 _ s2004
Attested and Certified Arch Insurance Company
sonce
COXFOUTE
SM
Weld
Joseph S. Li, 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. Label[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 acknowiedged 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.
OFFK3AL SEAL
MELISSA B.GR SAN,Noixy pW* "Oel
sta Of cormftt
rimy q2TTO!0 E*m E!�M 28,2005 Melissa B illi an -Notary Public-
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, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this day of FER 920
00
Joseph S 11,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.
compo"71
5 a
Home Office:Kansas City, MO
OOML001 3 00 03 03
Page 2 of 2 Printed in U.S.A.
f
'0000f
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.
ROAD IMPROVEMENT AGREEMENT
Developer: LBL–Duc III Bethel Island LLC Effective Date: 70645
Development: Subdivision 6013-Phase 2(RA 1179) Completion Period: 1 year
Road: Navigator's Place,Halcyon Place,Isle Place
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
........................................
By: ► ( nature)sigA
in—
, -
Lewis V.Milligan-- Ol
Partner,Auth ed
ar [a,t
17>v,
RECOMMENDED FOR APPROVAL
By: (signature) 6-0-
Engin ring Irervi es Division Vsep P.Fanelli–Chief Operating Officer
FORM APPROVED: ' ictor J.Westman,County Counsel
OTE.
TE: AN signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coin,"and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. RAPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $_ 9,320 cash,plus additional security,in the amount of$ 922,680 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$ 466,000 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented
in the form of:
Cash,certified check,or cashier's check
X_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,-the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
S. 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. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the'work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/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 liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or 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.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by'County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of 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\SHARDATA\GrpData\EngSvc\Forms\AG WORMAG-24.doc
Rev.April 6,2000
.•.;$,}:;is:a.
State of California
County of Santa Clara } ss.
On February 4, 2005 before me, Terri A. Filice,Notary Public ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Lewis V. Milligan
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
- TERRI A.�� to the within instrument and acknowledged
Comm *1+41"- 21 to me that he executed the same in his
NOWY PW3ft-CAMORVO �; authorized capacity, and that by his
'da Cha CGU* signature on the instrument the person, or
MY Comms Eq"AW 1 It 2JW*l
the entity upon behalf of which the person
acted,executed the instrument.
WITNESS my hand and official seal.
i
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document: Road Improvement Agreement LB/L Duc III Bethel
Island
Document Date: February 4,2005 Number of Pages: 2
Signer(s)other Than Named Above: Joseph P. Fanelli and Maurice M. 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
13 Other:
Signer is Representing: Duc Housing Partners ,_,
r
State of California
County of Santa Clara } s s.
On February 4, 2005 ,before me, Terri A. Filice,Notary Public
Bate 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
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed
to the within instrument and acknowledged
TEM A.fid to me that he executed the same in his
CWM #141041 authorized capacity, and that by his
•�� he instrument the person, or
�� ,��� signature on t
M.EXPMW yr 1 i s the entity upon behalf of which the person
77
acted,executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document: Road Improvement Agreement 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.,Inc,_
^ w
s
,;.;.,;r:2.s:=:i::;::•r:v::+:it:•;'t,•Y;?,r•S:::s'..L.a:::;.;.rx:.:;:;.•..•.:..::•.,:.;ec::•>:.:,..•
rS
. t
s.
.. r•
State of California
County of Santa Clara } s s.
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
❑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
Commission#13438701 the entity upon behalf of which the person Notary Public_ ii form
acted,executed the instrument.
Santa Clara County
A'�'Conym E 1,W 'lowss"Nor—-'1W19, WITNESS my hand and official seal.
e
MAr
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document: Road Improvement Agreement
Document Date: undated Number of Pages: 2
Signer(s) other Than Named Above: Maurice M. Shiu,Lewis V.Milligan,Joseph P.Fanelli and
Engineering Services Division_
Capacity(ies) Claimed By Signer
Signer's Name: Daniel A. Duc 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 INCUMBENCY
I,Lewis V. Milligan, certify that:
1. I am the duly elected and currently acting Secretary of Duc 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.Duc President
Daniel A.Duc Chief Financial Officer
Lewis V. Milligan Secretary
Joseph P.Fanelli Chief Operating Officer
Executed at baIDS on this �� da of February, 2005.
s California, y ��,
LEWIS V. MILLIGAN, Secretary
1SJC1649856.1
021105-10437028