HomeMy WebLinkAboutMINUTES - 03082005 - C8 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 8, 2005
SUBJECT: Approving the Road Improvement Agreement for Sea Gate Place, Seaward Court, and Grey
Whale Place,Bethel Island area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S�:
ADOPT Resolution No. 20051 122 for RA 04-01181 (cross-reference Subdivision 80-06013), approving the
Road Agreement Im rovement for Sea Gate Place,Seaward Court,and Grey Whale Place,being developed by LBL-
p
DMC III Bethel Island, LLC,Bethel Island area. (District V)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
M4-01181 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 hn rovement Agreement will not be approved and road improvements will not be completed.
p �
Continued on Attachment:,_ SIGNATURE:
t,- COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_,. PROVE OTHER
SIGNATURE 5 :
ACTION OF BO ON MARCH 08 2005 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
KD:rm
G:\GrpData\EngSvc\BO\2005\03-08\RA 04-01181 BO-15.doc
cc: Public Works-T.Bell,Construction
Current Planning,Community Development
T—1-8-06
LBL-DUC III Bethel Island,LLC By , Deputy
14107 Winchester Blvd.,#11
Los Gatos,CA 95032
Attn:Joseph P.Fanelli
Arch Insurance Company
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
Attn:Raymond E.Gail
I
t
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, +CALIFORNIA
Adopted this Resolution on March 85 2005,by the following vote:
AYES: SUPERVISORS OIOIA, PIEPHO, DESMI-MER, GLOVER AND UILKEY'�A.
NOES: NONE
ABSENT: NIO E
ABSTAIN: NONE
RESOLUTION NO. 20051 122
SUBJECT: Approving the Road Improvement Agreement for Sea Gate Place, Seaward Court,
and Grey Whale Place, RA 04-01181, 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 Sea Gate Place, Seaward
Court, and Grey whale Place,road acceptance file RA 04-01181 (Subdivision 80-06013)property
located in the Bethel Island area, Supervisorial District V.
A.Road hrnprovement 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)
KD:rm
G:\GrpData\EngSvc\BO\2005\03-08\RA 04-01181 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.,#11
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/ 122
SUBJECT: Approving the Road Improvement Agreement for Sea Gate Place, Seaward Court,
and Grey Whale Place, RA 04-01181, 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: $7,990.00
Auditor's Deposit Permit No. DP 439616 Date: February 17, 2005
Submitted by: LBL-DUC III Bethel Island, LLC
Taxpayer identification number: 20-0922886
11. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU5007669 February 3, 2005
Performance Amount: $791,010.00
Labor&Materials Amount: $399,500.00
Principal: LBL-DUC III Bethel Island, LLC
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit pen-nits are on file with the Public Works Department.
RESOLUTION NO. 2005/122
F F
1
ROAD IMPROVEMENT AGREEMENT
Developer: LBL–Duc III Bethel Island LLC Effective Date: a5
Development: Subdivision 6013-Phase 4(RA 1181) Completion Period: 1 year
Road: Sea Gate Place,Seaward Court,Grey Whale Place
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
By: (signature)
Lewis V.Milligan–Partner,Aufhorized Signatory
RECOMMENDED FOR A/<
PPROVAL
ftsk
•�
By: tmoor-v
(signature)
Engineer' g Serv' s ivision Jo ph .Fanelli–Chief Operating Officer
FORM APPROVED: Vi or 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 S313.)
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: $ 7,990 cash,plus additional security,in the amount of$ 791,010 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$ 399,500 ,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.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after
the Board of Supervisors accepts the work as complete.
6. 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
1.01101 110010100 OWN
r
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 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
� RM A.MCE to the within instrument and acknowledged
- Commk*m#141 1 to me that he executed the same in his
Wary►P%*ft-C. Mq authorized capacity, and that by his
0. c�
� a C CV
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.
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,41 2005 Number of Pages: 2
Signer(s) other Than Named Above: Joseph P.Fanelli and Maurice M. Ship
Capacity(ies) Claimed By Signer
Signer's Name: Lewis V.Millman RIGHT THUMBPRINT
OF SIGNER
Individual Top of thumb here
Corporate officer--Title(s): Authorized Signatory,_I
Attorney in Fact
Trustee
Guardian or Conservator
E3 other:
Signer is Representing: Duc Housing Partners
4
: ........... JE.i<::�:�Si!:i:'si:::�::;:::,i:Si:i>.:i::>3�g E::3::3'sis i�':',isisis�:::>B::ii:::i:;i:::'::::;Eii3;ii:ii+;:%:i:i�i;i'':::z:3iE:�:::>sir:":::�;:;:'s?E>:i:'si's'tija:it:�<iS[;;i>:�sii.5:e':ii;i�`A` ewowi;i:[i>tz^iiii:iii::E:'si irii'S¢;E;ii.:ii�::'g;:�;:
.i:`i
'^ :
i ii.
tr.
...::.:..:..
.i::vs'
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 ,
Names)of Signer(s)
■ personally known to me
0 proved to me on the basis of satisfactory
evidence
ft also,, to be the person whose name is subscribed
TERM to the within instrument and acknowledged
COMMM'n#014'x !1 to me that he executed the same in his
1"c
-A Ill+��-�� authorized capacity, and that by his
1*Com � "11 R T 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.
C1 4r v, 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 Improvement Agreement LBIL 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 Housin,,Partners,Inc.
M
.r::i.:i'n'}.:r:;i}:.}:•}'rh:3':;:::}ititi:i::ititiy:+
rtx...;.v.....,.::r?•a}r.:!T•:.F...:rn.............::..:e....::4i.•:..:'.}::::::...y:r.,:...;•..Y...L,>:}ir:}. ..•.,...,.
State of California
County of Santa Clara } s s.
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. 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
K R.CRONIN signature on the instrument the person, or
OCommission#134387o the entity upon behalf of which the person
Nry Public-California acted,executed the instrument.
Santa Clara county
WYCWM Eom Mar 18,'. M 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
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) Maimed By Signer
Signer's Name: Daniel A. Duc RIGHT THUMBPRINT
4F 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 Dousing 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
on this �� da
Executed at LOS-bOdDS , California, y of February,
2005.
LEWIS V. MULLIGAN, Secretary
\SJC1649856.1
021105.10437028
UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS
OF
DUC HOUSING PARTNERS,INC.,
A California Corporation
The undersigned, being all of the directors of DUC HOUSING PARTNERS, INC., a
California corporation, acting pursuant to the provisions of Section 307(b) of the California
Corporations Code, hereby adopt the following resolutions:
AUTHORITY TO EXECUTE INSTRUMENTS
WHEREAS, it is the desire of the undersigned to authorize this corporation's
Secretary, Lewis V. Milligan, and this corporation's Chief Operating Officer,
Joseph P. Fanelli, to execute any and all contracts or other documents on behalf of
this corporation in connection with that certain-entity known as LB/L-Duc III
Bethel Island LLC, a Delaware limited liability company, including, without
limitation, any I 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.]
kSJM649868.1
021105-10437028
r w
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 ----
L5S V. MILLIGAN
T.W. IRELAND
J.J. R.OTIIGERY
ROGER GORDON
1SJCt649868.1 -2-
021105-104370228
0:) 16:1!3 rEum- T-444 P003/003 F-307
M
K
EXECUTION IN COUNTERPARTS
RBSOLVED, that this written concent may be executed simul=eously, in any
number of counterparts 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 WITS WHEREO the mdersigeed have executed this Unanimous Written
Consent effective as of February 12005,
05.
DIRECTORS
00000
DANIEL A. U '--
YOVZ V. MMLIGAN
T.W. IRE—AND
M. RO i,HGERY
ROGER GORDON
MJCM9e$e.1
021105.1043?MB
02/14/2005 14, 21/f4: 31+J }/1 653PM0-342+x}-{-!5J^070(/��HUS"'N"'
} PACIFIC INTRST FINAN PAGE 03
EU
Qb
IS,.
EXECUTION IT COUNTERPARTS
RESO ,VM, that this written coment may be. executed. simultaneousl. - �� any
number of counterparts cox by amexing signature: pages hereto, or on �,: �.►rz�1�<
copies, each of which shall be deemed an o6crinal, but all of wWch togti w ti halt
constitute one and the sae written consent,
IN WITNESS E, WHEREOF, the undersi ped have executed this Uj);� -,=la4OU� wTittm
Conseizt effective as of February 13 , 2005.
DWCTOR
DANIEL A.j�Aj\ DUC
LEWIS V.MILLIGAN
T.W. IRELAND
J-71& 6E ,Y J ,
V
t�'11�5•�A�3'��3�8
"201
Feb 14 05. 04 : 01p Steven Gordon 408 858-9820 p. 3
F ES. 14. 2005 1 E 41 PM DING HOUSING PARTNERS NO. 8649 P. 3/3
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 facsin�le
copies, each of which shall be deemed an original, but all of which together shah
constitute one and the same written consent.
IN ''"WITNESS WHERE0 the undersigned have executed this Unanimous Written
Consent effective as of February , 2405.
DIRECTORS
DAN A.DUC
LEWIS V.
T.W. M LAND
J.J.ROTHGERY
JW
ROGI&GOTbOlq
tS,lC16dA9 .1 _�_
021105-10437028
• LVVi�1 i Vi-%.O%.RN 1 SCR%MOW,31'1
DEPOSIT PERMIT '11 .4��'�"a
�.. OFFICE OF COUNTY AUMOR CONTROLLER•�'r,,., „=.-r-' ..•.
MARTINEZ,CALIFORNIA r;• �
TO THE TREASURER:
RECEIVED FROM r
ORGANIZATION NUMBER
ic��l •
X11 II���� I��YO�rI, �•. III�MI�..�I.�11�1��11111��IIII�IIII�I�.I.I�I I�i11�11��Y1�1
(Four Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB, TASK OP
ACCTTION ACTIVITY AMOUNT
$.
.."t /4-[L I I
Yrs r
r
raj /�{ �'f I S i• i /J ,.:r. S £_ j ,i,'.+ yam.,
I1�� C'`JI r rte,',JArt iF `
Ll )
I I _4
V, A
ht da-l�kkll V I s�i'lz'7-1
'"' —(/v � } fid''.�t ��} L.j..`{� it �' rf�' t �.+'�'r}� �� �'Y •,_'� ;�-,`"_•
oil I LL I
y
x
! j/•,., f ff III+✓✓"''
7771-7 11 �''�''�/� ��"}•- i
0
{ .,�\� .+.. �r•� (_ } �l� j* ���� '� � ...•— f s' .� r r••�r�*�:w..,;t-�• ��r'�;�ti.''r f+� ,� ` ,� r��r•:._�'r t f ` '�..+ ���
I ti 1 1 ll.t., Z4,
f i �� •rZ;:...%• rrS�...
4r
"ti
� � #..CS jj� h .. t' �,_ f / r /� ,",.. r � �:�.'y"f•�) L r'•
Lt
L' �"r=. f" f }[�• j� }t�t fli� .."'I!°w�•' b•�"• �{�/�!�..... f/�y j{/ e f (I 7•'J',I jJ,p_j,��/j ��«.._r,7
} -��-'�( r !• �ti �' i-`J f'fit r' :' .ice+'•L+'t 7+r" /
}
2_1
,/`!JM' � r "'�} ="'� I � �:rte•.
{`A
t" f
7 / �+•' ' 1
�...,d� ,i� '.r+"' i/ •�f C� 1�•i'"^ i rr ,'� r ^`�t'+�•.��%�j,fir y ���,��rr,;'•fT ��' frr�1::�r�d� •�' �"'MF+11"-.f
ff k0l)'
!�
E PLANATION;. � � TOTAL $ ,.. I
DEPOSIT
e
3
Depconsists of the followingMems
COIN CURRENCY $
'I r hL .,ETC. " .l•,.`�'.ir' • ,� ....._
/V 9
BaNm Posrrs $
_ FOR AUDITOR-CONTROLLER USE ONLY
%7 f f` ,l .,,,/�:.r• ..� JJ'i �`�j .,J .•�...e;✓.'r,� � •rJI( �+,r•wr' '�i r i r� y-1 r���' �� �'�'�,".+r��f'�-
..,., )#/ -• fY .. j:X""*'•W" 3�•.w3 ' 1�... •�-..---'.'r* F; ..t 7 -' _,..:` `-; .��:... •. ,r^i r DEPOSIT
PERMIT DP
_�L
NUMBER
t l.�'
DATE '
ASSIGNED
The amount of money described above is for Treasurer's:receipt of above amount is approved. Receipt of above ar�nt
deposit into the County Treasury. ;� �"" "'~ acknowledged Y
•ems"
Si �-Yfe •"T Ji}� _. Date
Jr A f: ,g' Signed:, i Signed:
'l"'• EXT{ •CouWy Auditor
> ; y County Treasurer., 2 •_ ........
ti
D-34 REV.(7-93 ,,ii �,
. (.UUN I Y t.W tAA4 I KA%.VZO1A
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA .., `
TO THE TREASURER: ' r
RECEIVED FROM
ORGANIZATION NUMBER
`{f
'd
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG., SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
OrAj +i.
./�� j r f� �w , r'v, ,; `J; r f s.•„'� r�r�, J.. "'f� ,,,� "' vE�f t f f..„r }f�•}`+—,}
/
t - , -
i
{'
i
,— }
J t ON { " i—»+ ,t = .+f {` yjrJfj{ f r'..r t r ! if'Aj},
}`� � jt ,/' 'xi'r' ae."yr �....f. t �' - �f (^r, •f.it f i��.�1` it"s3 4
I, ( .+ fj ..,s'"i.✓ :::444+++"fff i L - Sri
I t
-7
71E "4- �1 AL h Lr)44t I I _L_ I i� i
L ;_2
FT 1100
i
i}. i i7
i
7t j — L>
'000-6
lei
1
5
S. f .,,`. sf f..j{,�{1 ' L r ,r i 9 F / .
f r j �•r
L-Y
I
-4 �401 I I I I I I I
IF
r i
t"2
2
i
;s
if e 74/ ii.•
EXPLANATION: TOTAL $ i
DEPOSIT i
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT M) 5 J fa
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a unt' - b
deposit into the County Treasury. - -., acknow
` ,�,.,.t� '. `.t.. � ` � � �'s s- rr" 17
•�' fit. �«. ....—..y"'
Sege r'r w M Date
d=
_ _ Signed: "" '� Signe
E' EXT." -- ° Dep 'Cou Audrtor Deputy 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
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
.:. SUB.ACCT
DESCRIPTION FUND/ORG. TASK OPTION ACTMTY AMOUNT
Ix
VFt
]a Ole.. ��•
4 VI
`J
AM
I
' I
I
i
EXPLANATION: - TOTAL $ �
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT- DP
NUMBER
r. fr.V--
DATE r.
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.
*
g�oe�,� ,•:
t �?-e;5
Si -'� Date-.4-1IN f..
i f
Signed: Signe
EXT. `3 Audifior Dep ty County Treasurer
D-34 REV(7-93)
` COUNTY OF CONTRA COSTA
DEPOSIT PERMJT
a -
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA j
TO THE TREASURER: ;
RECEIVED FROM
ORGANIZATION NUMBER
��Ir�r1��1■ I ■ 111■rr11
I ;
is :~
-_-_ ■�r,�rr�rrrrrrrr■Y�I IY■�✓•� ■�r■�I Y I I,�rA1�l 'r rrrrl�rrr■I�
L.
(For Cash Collection Procedures see County AcIministrator's Bulletin 105.)
r~ DESCRIPTION FUND/ORG. SUB.ACCT. TASK CtPTIC}l~i ACTIVITY AMOUNT
$ i
� j -•-.,•..,..s 1� •,,,,,s �,,,,, �,,.�fr .-..�fr,,._ .i�, r ��� r.. �.- .......� XXL �s�rl,r:Rr:^,t...,,,, � � rf�l.,� `? '
/I
F nG...t ic. rvywf f +.� •� "4 d, 1 f • "��T•w..r+P �'•�,f•` i
I..-
r'R��)�t• �• „!mow t .� t; r ?;/���i f�(,� �_..
2 Lj
7,
7 q-
tri
WH
I I I j I I -I- I- 1 -1 1 1 1 1 1 1 1 1
i
i
yf'•i"" 1 ,�.j r '"�" , �..jj,tµr �•y r LI-12-
f r
r� P � rr...,� �f.R i!r i�"' "'"'� �r� �...�'a���'"__..� � l ,�"~?• ` x� a w�"t :, �-..^"' � �
...-rte ;:�- j •
4✓
�+'^)•.r'"Z. ?, ._.», F+t � Jj j /,p.�''•i/`'�.t�..r/� - �<r�� i JTM�-'r'"1'ti .
'{ n..•.rtr 5 If J�r-.•�f 1 � 1 ±' "` (j( +,/"l J _f r i !�� ,{
.,,,,,1 +r.. r ,F -'�J ../' t* j ..•`��y1}.. r>` '� ~F ; ` 't%J" iiiVVV"...��7"ry
;E
T i
f 7
11 IA 1 1 4 1 1
i
! J
EXPLANATION: TOTAL $ i
DEPOSIT i
3
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
D `
PERMIT
NUMBER
DATE
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.
Sig�_; -C, I Date
Signed.
, Signed.
YAuditor Deputy_
Count
TreasurerDeP CouEXTS
D-34
REV.(7-93)
0649-9665 / 831000: G11601281 $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: G11601191 $116,260.00, SD80-06013, Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
819800-0800: G11601201 $9,,320.00,1 RA 04-011791.Cash Performance Bond,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819800-0800: 61160121, $6,700.00, RA 04-011801 Cash Performance Bond,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819800-0800: G1160122, $7 9 �Q, RA Q4-01181, Cash Performance Bond,
LB/4. [)UC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819800-0800: 611601231 $7,660.001 RA 04-011821 Cash Performance Bond,
LB/L [)UC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819800-0800: 611601241 $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: G1160125, $3,650.00, RA 04-011841 Cash Performance Bond,
LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos, CA
95032
819800-0800: G11601261 $42,200.001 DG 04-000511 Cash Performance
Bond, LB/L DUC III Bethel Island, 14107 -H Winchester Blvd., Los Gatos,
CA 95032
RST TERM PREMIUM
IS FULLY EARNED
Bond No.: SU 5007669 Premium: $11,865.00/2 Yrs.
Development: RA 1181
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
11 RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along Sea Gate Place,Seaward Court and Grey Whale Place to complete said work
within the time specified for completion in the Road Improvement Agreement,all in accordance with State
and local laws and rulings.
2. OBLIGATION: LBL—Duc III Bethel Island LLC, as Principal and Arch Insurance Company a
corporation organized under the laws of the State of Missouri and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves., our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: Seven Hundred Ninety One Thousand, Ten Dollars
($ 791,1010 for itself or any city assignee under the above County Road Improvement
Agreement,plus
B. Payment: Three Hundred Ninety Nine Thousand, Five Hundred Dollars($399,500 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
per-1,7-cmned 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
P.ssignce, is 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.
s •
a
ti{r'g
t�
State of California
County of Santa Mara } s s.
On February 3 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
RI A �� to the within instrument and acknowledged
TERComm b*m#)#10421 to me that he executed the same in his
Noft y Public-C,agaijildo authorized capacity, and that by his
Santa a cw* signature on the instrument the person, or
Corot EV"Apr II' the entity upon on behalf of which the person
acted,executed the instrument.
WI SS my hand and official seal.
k
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
LB1L Duc III Bethel Island
Document Date: FebruM 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
! fY
•
f
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Ang les
1�� !Y I1�Y A IYI�IIII-YI.I�.1��1 IM.�YMIIIIII-�
On F -� 3before�'�,� me, ,Susan E. MoraleslNotary Public
�~� A•YYY.I-IrII�.YY�..I�.l�ll�l I�yl.�. ■
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),
A6ff f ` 4'u'�ra1 �k�( t i • i
a ::1 a an that by his/her/their signature(s) on the instrument the
s��`�'���YeU�c � ���`�� � person(s), or the entity upon behalf of which the eM .#133220; ,¢ F p { )! Y p person(s)
`
01U. '" Notary Public-Californiay)
,� r- acted, executed the instrument.
LOS ANGELESUHT
qa,.ra•� MyC .Exp.Dec 5,21 ��
WITNESS my hand and official seal.
G+cx�► .
(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.
❑
CORPORATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LMITED
F-I GENERAL NUMBER OF PAGES
®
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
F-1 GUARDIAN/CONSERVATOR
❑ OTHER.
DATE OF OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Arch Insurance Company
Arch Reinsurance Compapy
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. Ellassen and R. G. Park of Pasadena, CA(EACH)
its true and lawful Attomey(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 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.
p .
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."
4
This Power of Attorney is signed, sealed and certified by facsimile under 64 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.
OOMLOO13 00 03 03
Page 1 of 2 Printed In U.S.A.
9
"0004
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.