HomeMy WebLinkAboutMINUTES - 03082005 - C7 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 8, 2005
SUBJECT: Approving the Road Improvement Agreement for Waterside Place and Edgewater Court,Bethel
Island area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
IIECOMMENDATIO
ADOPT Resolution No. 2005/ 12lforRA 04-01180 (cross-reference Subdivision 80-06013), approving the
Road hnprovement Agreement for Waterside Place and Edgewater Court,being developed by LBL-DUC III Bethel
4
Island, LLC, Bethel Island area. (District V)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)- OR RECOMMENDATIONS
RA 04-01180 has been reviewed andprocessed by Public Works staff and meets all applicable conditions of
,approval regarding road improvements.
CONSE UENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved and road improvements will not be completed.
Continued on Attachment: SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_ 'PROVE OTHER
SIGNATURE 5�)-.
ACTION OF BO ON Ub 9 ZOU-) 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 date shown.
xx UNANIMOUS(ABSENT NONE
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
JD:rm
G:1GrpData\EngSvc1BO\2005\03-081RA 04-01180 BO-15.doc
cc: Public Works-T.Bell,Construction
Current Planning,Coimnunity Development
T—1-8-06 By ZVA440soo 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, GLOVER AND UILKE�ft
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 121
SUBJECT: Approving the Road hnprovement Agreement for Waterside Place and Edgewater
Court, RA 04-01180, 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 Waterside Place and
Edgewater Court,road acceptance file RA 04-01180(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\03-08aA 04-01180 BO-15.doc ATTESTED: MARCH 08 2005
cc: Public Works-T.Bell,Construction 2
Current Planning,Con-ununity 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 000,
Attn:Raymond E.Gail
RESOLUTION NO.2005/ 121
SUBJECT: Approving the Road Improvement Agreement for Waterside aterside Place and Edgewater
Court, RA 04-01180, Subdivision 80-06013, being developed by LBL-DUC III
Bethel Island, LLC,Bethel Island area. (District V)
DATE: March 8, 2005
PAGE: 2
I. Cash Bond
Performance Amount: $6,700-00
Auditor's Deposit Permit No. DP 439616 Date: February 17, 2005
Submitted by: LBL-DUC III Bethel Island, LLC
Taxpayer identification number: 20-0922886
H. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU5007668 February 3, 2005
Performance Amount: $663,,300.00
Labor&Materials Amount: $335,,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. 2005/121
ROAD IMPROVEMENT AGREEMENT
Developer: LBL—Duc III Bethel Island LLC Effective Date:
M"- / Zoo 5
Development: Subdivision 6013-Phase 3(RA 1180) Completion Period: 1 year
Road: Waterside Place,Edgewater Court
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
By:
(signature) ZMA
Lewis V.Milligan—Partner,Auto zed Sign ry �,
RECOMMENDE FO APPROVAL ;
4 4 16
B : ""'`tel si nature G
By: cg )
Engine ing s Division J sep P.Fanelli—Chief Operating Officer
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"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. IMPROVEMENT 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: $ 6,700 cash,plus additional security,in the amount of$ 663,300 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$ 335,000 ,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 Indernnitee 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
RLkw
\\PWS4\SHARDATA\GrpData\EngSvc\Forms\AG WORMAG-24.doc
Rev.April 6,2000
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State of California
County of Santa Clara } s s.
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 Lewis V. Milligan
Names)of Signer(s)
■ personally known to me
❑proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed
FAO; TERM X FUG to the within instrument and acknowledged
�JtCt/�°mn' {r��"#1'�1�`' 1 to me that he executed the same in his
�1F1����1�r Minallp
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SON d 0 authorized capacity, and that by his
ly ►con"n.�Apr 11,' signature on the instrument the person, or
the entity upon behalf of which the person
acted, executed the instrument.
WIT S my hand and official seal.
� 4
s �\1.+
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
0 Other:
Signer is Representing: Duc Housing Partners
Ljf; Y•T.:;':
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State of California
County of Santa Clara } s s.
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
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed
to the within instrument and acknowledged
14101 to me that he executed the same in his
•caftaft authorized capacity, and that by his
Ckla COWN' signature on the instrument the person, or
1,COQ? g
the entity upon behalf of which the person
acted,executed the instrument.
WITNESS my hand and official seal.
,a� L ..
L&
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 Im Drovement Agreement LB/L Duc III Bethel
Island
Document Date: February 4 2005 Number of Pages: 2
Signer(s)other Than Named Above: LewisV. 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._
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State of California
County of Santa Clara } ss.
On_ February 151, 2005 ,before me, K. R. Cronin,Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Daniel A. Due ,
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
K R.CRONIN signature on the instrument the person, or
Commission#134M70 the entity upon behalf of which the personNotary Public-Caurarnia
Santa Clara cou* 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 ?,A
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
ti r
y
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 �X�' s on this +� da of Fehru 2005.
��► California, y rya
Irlr�=
LEWIS V. MILLIGAN, Secretary
1SJC1649856.1 .,
921165-16437028
•
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
M
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
J.J.R.OTHGERY
ROGER.GORDON
1SJCt649868.1
021105-10437028
A.1!D tEUM- T-444 P003/003 F-307
a
EXECUTION IN COUNTERPARTS
RBSOLVED, 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 WHEREO the mdersignod have executed this Unanimous Written
Consent effective as of February , 2005.
DMECTORS
t
DANIEL A
91, V. MILLIGAN
TWO —AM
J.J. ROTHER.Y
ROGER GORDON
021105.10437M8
" 02/14/2005 14: 31 650-342-5070 PACIFIC INTRST FFINAN PAGE 03
k f Lb- 14. 2005 1 ')6PM DUC HOUSI (31 PARTNERV
EXECUTION IN COUNTERPARTS
RESOLVED, that this written consent may be executed simultaneousl. . any
number of countMarts or by am=ii g signature pages hereto, or on
copies, each of which shall be deemed an oficrn , but all of which Logt���`� ���all
r"icone>txtute one and the saine.written consent.
IN WITNESS WHEREOF, the undeasiped have executtd Us 'YVTitt=
Consent eff=tive as of]February 13 2005.
DMCTORS
DANIEL A.ITC
LEWIS V.MALI AN
T.W. IRELAND
61; Y
oy
1
ROGER GORDON
Feb 14 '05 04: 01p Steven Gordon 408 888--9620 P. 3
FEB. 14. 20051 :41 PM DUC HOUSING PARTNERS NO. 8649 P. 3/3
O CUTION IN COUNTERPARTS
RFSOLVED, that this written consent may be executed simultaneously, in any
number of counterparts or by annexing signature pages hereto, or on facsin-dk
copies, each of which shall be deemed an original, but all of which together shall
constitute one and the same written consent.
IN 'V rrNESS VY71EEC F, the undersigned have executed this Unanimous 'Written
Consent effective as of February , 2005.
DMCTO,RS
DANIEL.A.DUC
LEWIS V,h
T.W.MELAND
M.ROTI-IOERY
RQ GO DOl
�ll l'.'VXM7is R -2-
021105-10437MB
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t ...�` w•
,�M'' '/"t f'`�'iY•"'."'� ".`".i�„r; �' ",-�'�."'"'}fJa+�'.•�'"� {1t j,.i,- r {✓ 1 � + r`•;. ',P ,} ,�/�r'�
t I 1 -1 1 1 U
l �
, "✓�M'y�I.'n � Imo;� M�
�r f2/'.I ✓1
t
EXPLANATION: TOTAL $ i
DEPOSIT
Depot consists of the following items
COIN and CURRENCY $
CHECKS,M.C.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER cl 3`
DATE
ASSIGNED
G ED
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above=4690$.
.
deposit into the County Treasury. - .r acknow
' � try ;1 �. '; .# r• �� ..
If Date-;L
, �r'I..�..ice►. '�• Y � -Y..� Signed: Signed:
Title L=°~ _� ' ►'� EXT.' - .�` i Dep Cau Auditor 'Deputy County Treasurer
D-34 REV(7-93)
COUNTY OF CONTRA COSTA
'~ DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALFORNIA ,� '.
TO THE TREASURER: �..
RECEr-VED FROM -
ORGANIZATION NUMBER 44
ter.... �..�
... txa�onl
k.}+.,.'-tai�•...�3w.r'1..: ''t� {•'� {� !Y !
�.Ir�r.Yr1YY�rl ■.Yrll rYr�l YYIIIIYYYrY-Y 1���I�..rrr•�..I.�r11W11/�
(For Cash CaNetion Procedures see County-Administrator's Bulletin 105.)
:. SUB.
DESCRIPTION FUND/URC. aCCT. TASK OPTION ACTIVITY AMOUNT
:>
--p Ly I I I I I
I
je
I ILI I I I I I I I I I I I I
' 3` � � � v t�'� i i,h��Y`f "' �.f �4 .•k � r.../1.✓' t f
el
i
I
i
i
I
i
. i
'
I
i
I
i
I
. I
i
I
i
i
EXPLANATION: - TOTAL �► I
DEPOSIT i
Deposit,consists of the foIiowmg item
CORN and CURRENCY $
CHECKS;AW.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE ' Y rF
ASSIGNED
The arnount 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 ' Y
d`��'•r, ''s, r:i ��''�+.. � ,,.✓ rte';f.. .......rr+"'-"
Signed: 4 Signed:
Ti ;yY 11� t EXT.' ' ' Audeirfior ty County Treasurer
/"
D-34 REV.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER Jle_.- '` `
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
FUND/ORG. SUE`. TASK OPTIO ACTPIITY AMOUNT
DESCRIPTION ACCT.
$ t
�t r.� { �-r� f f J{*��*..f�2 j/-y,""'. �.+'♦ ,in,/"�ytfr~sj 3 �'}f f�.../'t....
# ,t .,...^1 �Rf 1'"'• '�i f ^{f"� f!..n�..'^t. ni� ( �,."�" t,,,,> +! ,d`.,j•yL�r•a,J"♦! � r+..... ..
/I
fes.
xi [J 'C' 'rr"'t ) Jf "" '`I i f f ..fir."'+... #�rrr+�` ("�♦r
0 L_z
SA D t
Ll III j
i
' M-,r•�
f 3 ---4) 7
j 1
a F,; .., ++_• r �t - /r;i rr r, ''1 /(/( f ✓ r ji.�.. t(ie r !f./ t� )
_T, -A 1 1 1
4Y A
1 r_4
W-W,
•0'/
I A-
1� A—
I A-
PL A
I J'a h
4-1 b
III I L I I-- I I I I I
I -A
", , f •r. t
i
n rti
i
ley
` J f
ILI
-El--A I TOTAL $
EXPLANATION: DEPOSIT
Deposit cansists of the fc bwlrg items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT .. .-�
PERMIT DP•_ .
NUMBER,
DATE 1
ASSIGNED
Thof described above is for Treasurer's receipt of above amount is appm wed.. Receipt of above amount is hereby
The amount money acknowledged.
deposit into the County Treasury.
iL Ls pate Cr
_f�z$� ••` Sw d: Sid= -.�---•
Titl .- a' jj ': f'}�� EXT.' pep Co
y Auditor Deputy County Treasurer
3 t
D-34 REV(7-93)
IP
0649-9665 / 831000: G11601161 $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: 61160120, $22,640.00,RA04-01179, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000; G1160121, $17,,400.00,,RA04-01-180, 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: G1160123, $19,,320.00,,RA04-01182, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: 611601241 $25,,760.00,RA04-01183, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: 61160125, $11,,300.00,,RA04-01184, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
0649-9665 / 831000: 611601261 $88,400.00,I)GO4-00051, Inspection Fee,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
r
v
0649-9665 . / 831000: G11601281 $4010000.00,1 PA0015, Landscape
Improvement Plan Review Deposit, Windemere BLC Land Company LLC, 6121
Bollinger Canyon Rd #500, San Ramon, CA 94583
819800-0800: G11601191 $116,260.00, SD80-060131 Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
819800-0800: 61160120, $9,,320.00,1 RA 04-011791 Cash Performance Bond,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819�Q0-0800: 61160121, $6,r700000,1 RA 04-011801 Cash Performance Bond,
LB/L DUC .III Bethel Island, 14107 _-H Winchester Blvd., Los .Gatos, CA
95032
819800-0800: 611601221 $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.,880.001 RA 04-01183, Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
819800-0800: 611601251 $3,f650.001 RA 04-011841 Cash Performance Bond,
LB/L DUC III I Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819800-0800: 611601261 $42,200.00, DG 04-000511 Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
RRST TERM PREMIUM
IS FULLY EARNED
Bond No.: SU 5007668 Premium: $9,950.00/2 Yrs.
Development: RA 1180
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
10 RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along Waterside Place and Edgewater Court to complete said work within the time
specified for completion in the Road Improvement Agreement,all in accordance with State and local laws
and rulings.
2, OBLIGATION: LBL–Duc 1111 Bethel Island LLC, as Principal and Arch Insurance Company a
corporation organized under the laws of the State of Missouri —.,and authorized to transact surety
business in California, as Surety,-, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: Six Hundred Sixty Three Thousand, Three Hundred Dollars
A
($ 663,300 for itself or any city assignee under the above County Road Improvement
Agreement, plus
B. Payment: Three Hundred Thirty Five Thousand Dollars ($ 335,000 )tosecure 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
a.SsLgnee,its officers,agents and employees, as therein stipulated,then this obligation shall become
wafi and void; otherwise it shall be and remain in full force and effect.
R
i O
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 Joselah P.Fanelli ,
Names)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
TM A.FUM to me that he executed the same in his
COmmh*m#�41 � i and that b his
Notoy P�- authorized capacity, y
$Mft C a Cour ► signature on the instrument the person, or
'CMM. - 11• the entity upon behalf of which the person
low' -,W--Wacted,executed the instrument.
WITNESS my handand official seal.
a ,
-----------
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
LBIL 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 0fficer
Partner-- Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: LBL-Duc III Bethel Island LLC
6 y,
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
Counter of Las Angeles
On FEB 3 before me Susan E MoraleslNotary Public
NAME,TITLE OF OFFICER
personally appeared Ra m and E. Gail
NAME OF SIGNER(S)
® Personally known to me - or- F-1 Proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
00 SUSAN EMORALE
°to 0 . 132 r person(s), or the entity upon behalf of which the person(s)
Notary J� acted executed the instrument.
% wALOS
mr
My Comm.Exp,pec . ;20,,E
WITH S S my hand. and official seal.
4 - M co
(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 CLAMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
F� INDIVIDUAL/OWNER
❑ CORPO.RATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
Q PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
[:] TRUSTEES)
F� GUARDIAN/CONSERVATOR
OTHER:
II�III�r-IU�I�rIU11111��IIY�II 1 11 �
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Arch .Insurance Company
Arch Reinsurance Compaa_
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 Attorneys)-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 cred1L
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 shallbeas.,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:
NOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact.
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsilii��nder' a4g� 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.
OOML001 3 00 03 03
Page 1 of 2 Printed In U.S.A.
1 ^•
Ce CompanyARCH Surety
ARCH �11S1ar'C�.1�.
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.