HomeMy WebLinkAboutMINUTES - 05092006 - C.6 C"i C
TO: BOARD OF SUPERVISORS lipL= Contra
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR g a s Costa
DATE: May 9, 2006 cOSTq cti6x�T ��, County
SUBJECT: Approving the Road Improvement Agreement for Point of Timber Road, RA 04-01169 (cross-
reference Subdivision 03-08710),Discovery Bay area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACf KGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/for RA 04-01169 (cross-reference Subdivision 03-08710), approving the
Road Improvement Agreement for project being developed by Western Pacific Housing,Inc.,Discovery Bay area.
(District Ill)
FISCAL, IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Improvement plan for RA 04-01169 has f.
been reviewed and processed by Public Works staf.
CONSEQUENCES OF NEGATIVE AICTION:
The Road Improvement Agreement will not be approved.
Continued on Attachment: SIGNATURE:
i
:/RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER I
SIGNATURE (S):
ACTION OF BOA ON APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
7VO OF SUPERVISORS minutes of the Board of Supervisors on the
V UNANIMOUS(ABSENT date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:
Originator. Public Works(ES) JOHN CULLEN erk of the Board of
Contact: S.Gospodchikov(313-2316) ,
\
G:Gr\GpData\EngSvc\BO\2006\OS-09UtA 04.01169 B0-15,doc Supervisors and County Administrator
cc: Public Works- Construction
Current Planning,Coni n inity Development
T—March 9,2008
Western Pacific Housing,Inc.
1210 Central Blvd. By ,Deputy
Brentwood,CA 94513
Fidelity and Deposit Co.of Maryland
4010 Boyscout Blvd.,#600
Tama,FL 33607
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 9, 2006,by the following vote:
AYES: Uilkema, Piepllo,DeSan vier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ o '
SUBJECT: Approving the R lad Improvement Agreement for Point of Timber Road, RA 04-
01169 (cross-reference Subdivision 03-08710), Discovery Bay area. (District III)
The following document was presented for Board approval for Point of Timber Road,road
acceptance file RA 04-01169 (cross-reference Subdivision 03-08710) property located in the
Discovery Bay area, Supervisorial District III.
A Road Improvement Agreement with Western Pacific Housing,Inc.,principal,whereby said
principal agrees to complete all improvements, as required in said road improvement agreement,
within two year(s) from the date lof said agreement. Improvements generally consist of widening,
striping consistent with construction of left turn lane.
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 S.Gospodchikov(313-2316)
SG:kg
G:\GrpData\EngSvc\BO\2006\05-09UU 04-01169 BO-15.doc ATTESTED:
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN,file k of the Board of Supervisors and
T-March 9,2008
Western Pacific Housing,Inc. County Administrator
1210 Central Blvd.
Brentwood,CA 94513
Fidelity and Deposit Co.of Maryland
4010 Boyscout Blvd.,#600
Tampa,FL 33607 By r ,Deputy
RESOLUTION NO.20061
SUBJECT: Approving the Road Improvement Agreement for Point of Timber Road,RA 04-
01169 (cross-reference Subdivision 03-08710),Discovery Bay area. (District III)
DATE: May 9, 2006
PAGE: 2
I. Cash Bond
Performance Amount: 1,000.00
Auditor's DepositlPermit No. DP 460684 Date: March 17, 2006
Submitted by: D.R. Horton (A Western Pacific Housing Company)
Taxpayer identification number: 95-4887164
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08837891 March 17, 2006
Performance Amount: 89,100.00
Labor&Materials Amount: 45,050.00
Principal: Western Pacific Housing Company, Inc.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOL UTION NO. 2006/o-6X
i
I
ROADIMPROVEMENTAGREEMENT
May 9
Developer: j^ t8rn PDC-fiC HOUSing, Tir. q Effective Date: 20%
Development: � (abdiViS orl 18710)-/Q/,Dy'II6J Completion Period: years
Road: ROint of Imber Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY ( DEVELOPER
Maurice M.Shiu,Public Works Director
I
By: I (signature)F1_
(print name&title) aCk ArerI_qM, Viop pre.Sjj]Mt — Forward
RECOMMENDED
�FOFOR APPROVAL �Plarit-dit and
n1Lard
/ 1ti(ji
By: Allow"
(signature)
EngineeringFmices Division (print name&title Robert Selders, Vice President — Forward
FORM APPROVED: Victor J. Westman,County Counsel Plarylng
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
confomr with the designated representative groups pursuant to Corporations Code S313.)
I. 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,
fiie hydrants,landscaping, and such other improvements I(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). I
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: $1„14T).09 cash,plus additional security,in the amount of$ 89,1120.001 —
which together total one hundred percent(100°/x)of the estimated cost of the work. Such additional security is presented in the form of:
_Cash,certified check or cashi Irs check.
XAcceptable corporate surety bond.
_ Acceptable irrevocable letterof 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$ 45,050,00 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 I 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 maybe 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.
CALIFORMAALL_-PURPOSE ACKNOWLEDGEMENT I
...
State OT err>i
County of .�
On before me,
Name a 11b of officar fp-g.,'Jane Dae,Notary PubUc°)
personally appeared , Grre/e _ ,
Nelia(a)vi i,e a)
personally k-rimm to me -OR- E] pro:led to me on the basis of satisfactory avid ,ce to be the person(s) whose
name(s) issubscribed to the within instrument and
aclmowled ed o me that helshe tlt xecuted the same in
LISA L. FINCH his/her tharized capacity(ies), and that by his'her air
MM#1425396 E signatures on the instrument the person(s), or.the entity u on
r XAW iyuei C-CAI.Is�IA 19 behalf.of which the person(s) acted, executed the instrument
CUA A 003TA CQl�1TY
MY n Expires ung 20 2m7 WITNESS my hand end oTTicial seal.
•:-r
gr
Signehuz or ry Public
-----------_ __�e.-__OPTIONAL------------------�_.._
Though 6 a inibbrmagar,below is net squired by law,orf may prove vQivabla to arsons relying an the document and rind prevent irudul_nt rmoval
and reaffawhment of this term to ana-Mcr document
Description Cil Attach-ed Document
Title or Type of Document ee �
Document Date: dy l t0� 1p-L Number of Pages:
r--
Signa 4e) Other T hen Named Above:
Capacity(fes) Claimed by Signers)
Signer's Name: Signer's Name:
❑ Individual
Ind' 'dual
❑ Corporate Offliicer ❑ Corporate Oincer
❑ Tifles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee , I.: ❑ Trustee n M,_
❑ Guardian or Conservator jMBIMF jCJk1j=t4EM ❑ Guardian or Conservator
❑ Other Top of-Thumb hers ❑ Other: Top oiThun6here
Signer Is Represehfing: Signer Is Representing:
I
COUNTY OF CONTRA COSTA _
DEPOSIT PERMIT yam!✓
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA `
TO THE TREASURER:
RECEIVED FROM �1� Cc
Public Works "" ORGANIZATION NUMBER 650
(urgl=rlonj
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT.
Sales Tax , $
Sale of Prints 004530 9931 REV 6AO026 10a.5u
Sale of Prints .: . 6GO085 155.20
Sale of Prints 004500 1 1 16AO196 144.00
Premium Billing 000651 9105 6LO85C 784.00
Corner Records 9660 ;. 6L088D 80.00
Refund Abate 000662 2310 SAS 6R4320 1,847.32
In 911845 sidewalk. I 000672 19755 REV I 16R2670 409.21
Inv 911990 6R2612 2,840.71
Inv 911848 Callaghan i: 6R2701 952.21
Ind 950547 Robert & Owen ; 6U2547 100.00
Iron Horse Rent 12-05000678 9191 6G5575 300.00
I.
Bay Communities Petroleum t. � 1,000.00
Bay Communities Petroleum I 2,000.00
t
Bay Communities Petroleum )! 5,000.00
Waterfront Easement 004580 ] 65004 7,500.00
LA,Flatiron Rent I 007566 ; . 6D8126 750.00
EXPLANATION: TOTAL $
Acctg; G1192234-Gl192312 DEPOSIT 976,566.19
Records`. (31191213-131191226 I Deposit consists of the following items
Eng Svcs: G1190983-G119100& !!"i: .'..i-r, If i L'`' c,/i \COIN and,CURRENCY $ 156.06
Invoices: 911845, 911590,911848, 950547, BA29190, BA 30462, BA4, BA31485, `"CHECKS,-M.O.,ETC. $ 976,410.13
BA30965, BA 31406, BA30985, 911890,911880,9111881,911883,911591,BA26313 BANK DEPOSITS $
BA28326, BA28326, BA28766. BA27510, BA25566, BA145, BA25717,BA 29541 FOR AUDITOR-CONTROLLER USE ONLY
BA30485, BA30167, BA31224, BA29249, BA28801, BA30442, BA29150,BA29015 DEPOSIT
BA30580, BA23711, BA29511, BA27248, BA14538, BA30486 PERMIT DP
BA30784, BA 30929, BA30561,, BA30966, BA23228, BA13058, BA25780 NUMBER xr. ,
BA31053, BA31237, BA 29667, BA10150, BA24894 t5AJUUZb DATE / 7
BA24367, IND 950586 1 ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
signed f Date
, F
Signed-'" Signed:
TitleDeputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93 � l
4 y COUNTY OF CONTRA COSTA r rl
F (,✓' DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER: `
RECEIVED FROM
PUBLIC WORKS ORGANIZATION NUMBER 650
rgam a io
(For Cash Collection Procedures See County Administrator's Bulletil
DESCRIPTION I FUND/ORO SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Shell pipeline ,I^j f` ir j;;l:'I $ 10,509.30
Proj 7505-6F8306 007566 9921 Rev 6F8306 20.00
LP05-02009 BA29190 f 003520 96601 j 5B028A 1,517.62
( 000651 6L0029 132.30
MS05-00029 BA30462 003520 5B0034 3,456.41
I i
000651 16L0034 1,485.54
DP00-03058 BA 4 003520 5B0014 986.81
D005-03099 BA31485 j 5B036X 74.03
SU05-00020 BA30965 I 5B027A 30.81
VR05-01122 BA31406 5B044X 93.46
ZC05-00674 ,BA30985 �, 5B0013 214.76
UTL Encrh PMT 911890 000651 9105 6LO82E 1,592.17
UTL Encrh PMT 911880, 911881, l 9,178.91
V '
Inv 911591 Sidewalk Tran 000672 9755 6R2621 1,705.00
DP04-03002 BA26313 003520196601 5B0014 50.00
SD04-08902 BA28356 1 000651' 1 16L0033 1 392.32
EXPLANATION: Invoices: BA9736, BA9958,Ind 950562, BA 30220, TOTAL $
DEPOSIT
V Deposit consists of the following Items
COIN and CURRENCY $
CHECKS, M.O., ETC. $
BANK DEPOSITS $
V3 FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT Di
1 NUMBER
� DATE
ASSIGNED
7h. ceipt of above amount is Receipt of above amount is hereby acknowledged.
Signed:
Date_%_I
--
Signed:
Signed:
_ -
7ille[^ EXT. `- Deputy Count Auditor '`Depen CoudlyTreesurer - _
D-34 Rev: (7-93)
I : COUNTY OF CONTRA COSTA (�
DEPOSIT PERMIT
�5^= OFFICE OF COUNTY AUDITOR-CONTROLLER r'
MARTINEZ, CALIFORNIA _ )
TO THE TREASURER: •
RECEIVED FROM r ,
Public Works ORGANIZATION NUMBER 650
gan a o
(For Cash Collection Procedures See County Administrator's Bulletil
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
SD04-08820 BA27510 003520 9660 REV 560033 140.71
VR03-01089 BA 25566 56044X 100.00
MS 01-00016 BA145 + j 580034 272.27
MS03-00032 BA25717 I 141.93
000651 k 6L0034 9.06
SD05-08554 BA29541 1 003520 5B0033 923.03
MS05-00030 BA30485 580034 1,876.64
VR05-01061 BA30167 !! 5BO44X 64:37
TP 05-00065 BA31224 5BO51X 276.34
DP 05-03014 BA 29249 000651 6LO39C 176.31
DP04-03116 BA28801 003520 5B0014 853.94
j 000651 16LOO14 922.20
DP05-03056 BA30442 003520 5BO36X 332.97
MS 05-00005 BA29150 j, 5B0034 707.89
i, 000651 6L0034 1,083.17
SD05-08944 BA29015 003520 580033 3,354.00
EXPLANATION: I TOTAL $
J DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
t
PERMIT DP"'
NUMBER _
DATE ") I! / 1t✓
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed ,''' Date_/!_.
Signed -<[ .'+ _ Signed:
Title
EM _. � ---•' t Deputy County Auditor Depuly County Treasurer
D-34 Rev. (7-93)
" COUNTY OF CONTRA COSTA
-_ DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
s r ,
MARTINEZ,CALIFORNIA t,, ;'; °`t
TO THE TREASURER:
RECEIVED FROM ft r
Public Works ORGANIZATION NUMBER 650
rgan a
(For Cash Collection Procedures See County Administrator's Bulletil
DESCRIPTION f FUND/ORG SUB TASK .OPTION ACTIVITY AMOUNT
ACCT
MS 05-00033 BA 30580 003520 9660 REV 580033 1,692.40
I I
DP03-03005 BA 23711 000651 j 6L0075 307.42
LP05-02025 BA 29511 f 003520 1 5BO60C 200.00
RA 04-01169 BA 27248 000651 1 6LO85G 760.95
MS96-00007 BA14538 003520 5B060A 111.96
DP05-03058 BA 30486 I j 5B039C 2,066.40
TP05-00058 BA30784 5B051X 140.71
DP05-03061 BA30561 ( 5BO36X 201.68
FS05-00044 BA 30966 000651 6L83PV 3,449.51
S02 00018 6LO76A 58.77
Ir k
DP01-03047 BA13058 + 003520 5B0015 117.54
000651 6L0015 853.09
y. LP03-02091 BA 25780 + !; 6L0014 500.00
VR05-01105 BA31053 003520 SB044X 496.36
DP 05-03087 BA31237
5B039B 452.11
000651 , .. 6L039B 1,091.83
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSITT
PERM
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 acknowledged.
deposit into the County Treasury
Sigred + "!Date_
Signed' .-...�' -- Signed:
! .
. . ...
Tlllei... t` EXT. - Deputy County Auditor DeDov County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA
m ( DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
y
Public Works ORGANIZATION NUMBER 650
(urganizationj
(For Cash Collection Procedures See County Administrator's Bulletif
DESCRIPTION FUND/ORG ,SUB TASK OPTION ACTIVITY AMOUNT
ACCT
$
DP 05-03036 BA29667 j 003520 9660 REV 5BO36X 33.68
I
LP04-02096 BA10150 i f j 5BO49X 1,043.00.
MS 03-00021 BA24894 j j� I 15B0034 250.00
DP05-03039 BA30025 1 5BO39A 1,402.11
i -
MS03-00007 BA24367 000651 ' 6L0034 626.36
IND 950586 Coyle 000672 ll 6U2504 1,002.04
DP97-03016 BA 9736 0035201 1 1 580015 1,554.97
000651 6L0015 6,988.74
DP97-03{019 BA9736 €€ r,. 340.05
!, 6 6L0075 296.01
RA04-01167 BA9958 6LO85H 218.69
E L04-19,427 6 LO81 F 70.45
• g 6 082D 825.34
GP98-00004 i 003520 580019 11,933.68
(; 5B0053 156.50
000651 6L0019 78.38
EXPLANATION: + TOTAL $
DEPOSIT
C.C.: - Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT i f
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 acknowledged.
deposit into the County Treasury Signed:'-Date_/_/
r,+
.Signed!
Signed:
Title -� EXT. ^ Deouly County Auditor Deouly County Treasurer
D-34 Rev. (7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT ti {
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: I I' .Jj
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
rg n a ion I
11 (For Cash Collection Procedures See County Administrator's Bulletil
DESCRIPTION i FUNDIORG SUB TASK OPTFION ACTIVITY AMOUNT
ACCT
DP99-03032 BA9958 9660' REV 5B060C 5,850.22
000651TI 3 6LO39A 682.57
1
IND 950582 ABOTT ' 000672 9752 6U5600 519.77
RTDIM Fees ' 007983 9595 583,616.00
I
Refund Abate 004660 2479 SAS 6X4481 24.00
l
Lone Street School Sale 004500 9921 REV 6135112 198,600.00
Iron Horse Rent 03-2006 000678 9191 6G5575 300.00
k
RA04-1169 Processing Overage 00,0651196601 16LO85G 500.00
RA02-01133 Imp Agmt EXT j 6LO76B 400.00
Hydrology Consult 007505 9895 1 6F8275 540.00
DP05-3045 BA30220 000651 9660 6L0015 1,402.73
I i I�
SD80-06013 RA04-01179 l" 6LO76B 2,000.00
i
MSO40021, Base Map Fee 004528 9931 ( 6k0330 75.00
� 000651.• j 1, 6L0073 694.30
CCC ID card replace i 004500 9975 10.00
I
Sales Tax f 100300 0637 ✓ 32.22
EXPLANATION: I TOTAL $
DEPOSIT
C.C.: I Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O., ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT - , e
PERMIT DP
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 acknowledged.
deposit into the County Treasury
d
Signed.r I, Date_I
Signed.'.. .. . Signed:
Title -EXL I - Deputy County Auditor Deputy County Treasurer
D-34 Rev. (7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMITS ,,f
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA ( t• '
TO THE TREASURER:
RECEIVED FROM (/
Public Works ORGANIZATION NUMBER 650
gate o
(For Cash Collection Procedures See County Administrator's Bulletii
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
I
ACCT
$
Praxair Pipeline 000005 9120 3,353.78
DP 04-03111 BA 28766 j 1003520 9660 REV 5BNR04 430.94 .
TRUST Fund 1 fit- 0800 394.00
000680 9752 29.00
n zp�t S.I0 0
'O// p °0,00 (Zf} G��-/I(�y. ,�5 �, !a�zw 819800 0800 3,095.00
000649 9665 67,749.00
DP05-03079 BA30929 I 003520 9660 REV 5B0015 300.51
I
f
I
EXPLANATION: TOTAL $
DEPOSIT
C.C.: I Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP,;_ :try
NUMBER
DATE / —? / z
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged,
deposit into the County Treasury
Signed',:,". Date
Signed: :.ih'`_ -�., ., _- Signed:
_.
Daooty County Auditor Deouly Gounty Treasurer
D-34 Rev.(7-93)
OF) )
0649-9665 / 112300: 62190983, $1 ,550.00, MS 040017, Map Check, John
or Nancy Donkonics, 926 Deer Creek Dr., Martinez, CA 94553
0649-9665 / 112300: G11I90984, $1,000.00, MS 050039, COA Compliance
Check, DK Assoc, Inc.1440 Maria Ln., Ste 200, Walnut Creek, CA 94596
j
0649-9665 / 112300: G1190985, $1,700.00, Sub 8902, Map Check, Gus
Kramer Trustee of the Kramer Family Trust, PO Box 688, Martinez, CA
94553
0649-9665 / 112300: G1190986, $7,220.00, Sub 8902, Improvement Plan
Check, , Gus Kramer Trustee of the Kramer Family Trust, PO Box 688,
Martinez, CA 94553
0649-9665 / 112300: IG1190991, $7,356.50, Inspection Deposit, D.R.
Horton, 301 Commerce St., Ste 500, Fort Worth, TX 76102
i
0649-9665 / 112300: G1190994, Sub 9067, Hofmann Land Development Co.,
1380 Galaxy Way, Concord, CA 94520
$25,940.00, Major Sub Plan Review
$2,825.00, Map Check Fee
0649-9665 / 112300: G1192357, $5,480.00, SD 038811, Plan Review,
Christine Lee, 5654 Mission St. B, San Francisco, CA 94112-4225
0649-9665 / 112300: G1192358, $1,750.00, SD 038811, Final Map Check,
Christine Lee, 5654 Mission St. B, San Francisco, CA 94112-4225
0649-9665 / 112300: G1192362, $12,927.50, MS 040021, Inspection
Deposit, John & Kristie V. Polimero, 5086 Oakmont Ct., Discovery Bay, CA
94514
819800-0800: G1190991, $1 ,000.00, RA 04-1169, D.P. Horton, 301
Commerce St., Ste 500, Fort Worth, TX 76102
819800-0800: G1192362, $2,095.00, MS 040021, John & Kristie V.
Polimero, 5086 Oakmont Ct., Discovery Bay, CA 94514
i
0680-9752 / 139000: G1192264, $29.00, R582 RTDIM Traffic Fees, John
J. Jolly & Danette Jolly, 5319 Riverlake Rd., Discovery Bay, CA
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@6$t9t-0800: G1192264, 11$394.00, R514 Discovery Bay, Traffic Fees, John
J. Jolly & Danette Jolly, 5319 Riverlake Rd., Discovery Bay, CA
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Bond No.: 08837891
Development: Ravenswood Subdivision
#8710
Premium: $891.00 V 49T. l`6'9
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agreement) with. the County to install and pay for street, drainage and other
improvements on, or along Ravenswood Subdivision#8710 to complete said work within the time specified
for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings.
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2. OBLIGATION: Western Pacific Housing, Inc., a Delaware Corporation as Principal and
Fidelity and Deposit Company of Maryland , a corporation organized under the laws of the State of MD ,
and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,
our heirs, executors, administrators,.successors and assigns to the County of Contra Costa, California to pay
as follows:
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A. Performance: Eighty Nine Thousand One Hundred Dollars and 00/100
Dollars ($ 89,100,00 i ) for itself or any city assignee under the above County
Road Improvement Agree lent, plus
B. Payment: Forty Five Thousand Fifty Dollars and 00/100
Dollars ($ 45,050.00 ) 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,
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 maderas 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 assignee, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
CALIFORNIAALL=PUIR-POSE ACKNOWLEDGEMENT
State or
County of
On before me,
Flame and i ule of Gmca r(e.a,'Jane Dae,Ndary Fubfic7
personally appeared
Nsm1eta)of stgn�ia)
personally kno.-m to me -OR- pro a to me on the basis of satisfactory evidence to be the parson(s) tr✓hose
nam�(s) is/ire subscribed to the within instrument and
ac owledgsd to me that( aiPhelthey executed the same in
LISA L FINCH
is rltheir authorized capacity(ies), and that by is ere/their
•- CCMM. 1425M ! signature(s) on the Instrument the person(s), or.the amity upon
t}{JTpRypUguCCALIfORNIA bchalT.OT which The person(s) acted, Executed the instrument
CONTRA COSTA COUNTY I
MY n Expires`une 21)'2D07 WITN ESS my hand and official seal.
igneium of ry Public
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Dough the irirur•nzoon below is net r--quid'by law,it may prove valuable to persons r_lyino on the document and could prevent iruduf_nt rnovel
and reattachment of ibis form to a nether documant
Description of.Attac .e Document ' - / --
Title or Type of Document J Gaon . —7- s2 � ane.-r te 7
Document Det6: Number of Pages:
Signers) Other Than Named Above:
Gapacity(ies) Claimed by Signer(s)
Signer's)`Jame: I Signer's Name:
❑ Individual ❑ Individual
❑ Corpgrate Officer ❑ Corporate Omcar
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limlied ❑ General
❑ Attomey-in-Fact ❑ Attorney-in-Fact
❑ TrusteeTrustee
❑ Guardian or Conservator a=- ❑ Guardian or Conservator
❑ Other Top of-Thumbhem ❑ Other' Top of Thumb here
Signer Is Represehfing: Signer is Representing:
STATE OF Florida
SS.
COUNTY OF Hillsborough
On March 17, 2006 before me,
PERSONALLY APPEARED AnettCardinale
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personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s)Iwhose name(s) is/are
subscribed to the within instrument andIacknowledged to me
that he/she/they executed the same in hist/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which
the person(s) acted,executed the instrument. OFFICIAL SEA
MARGARETA.GIEJEM
Notary Public State of Floridaa
WITNESS my,hand and official seal. Comm.#DD 176563
Comm.Exp.Jan.8,2007
Signature �a. This area for Official Notarial Seal
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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
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY(IES)
Fidelity and Deposit Company of Maryland SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by FRANK E.MARTIN JR.,Vice President,and GERALD F.HALEY,Assistant
Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of saidany,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d 10ereby nominate,
constitute and appoint James W.DUNN,David H.CARR,Anett C all of Tampa,Florida,
EACH its true and lawful agent and Attorney-in-Fact,to mak a 'v behalf as surety,and
as its act and deed: any and all bonds and undert ecu or undertakings in pursuance of
these presents,shall be as binding upon 1 d a 1 ' tents and purposes,as if they had been
duly executed and acknowled y ele ompany at its office in Baltimore,Md., in their
own proper persons er m e on behalf of James W.DUNN,David H.CARR,Kimberly
A.TAVERNIER,A �LOR,dated November 1,2004.
The said Assistant es ebycertify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- s said Company,I and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 21 st day of February,
A.D. 2006.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gyp OEPpslf
W 0
p 1
By:
Gerald F Haley Assistant Secretary Frank E.Martin Jr. Vice President
State of Maryland 1 ss:
City of Baltimore f
On this 21st day of February, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified,came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY,Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Constance A. Dunn Notary Public
My Commission Expires: July 14,2007
POA-F 031-3190
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of,the Board, or the President, or any Executive Vice-President,or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said)Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a ceitifred copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the sameII force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 17th day of March 2006
Assistant Secretary
WESTERN PACIFIC HOUSING,INC.
(flkla Schuler Homes Holrlco, Inc.)
Officers & Director List
As of September 9, 2005
Name Title
Horton, Donald R. Chairman of the Board
Tomnitz, Donald J. Vice Chairman,President& Chief Executive Officer
Fuller, Samuel R. Senior Executive Vice President
Wheat, Bill W. Executive Vice President &Chief Financial Officer
Dwyer, Stacey H. Executive Vice President &Treasurer
Noon,Thomas F. Executive Vice President&Chief Operating Officer- Californi -
'Chambers, Christopher J. Vice President of the Company&Region President
Knapp, C. Evan Vice President of the Company&Region President
Ambrosini, Richard P. Vice President of the Company&Division President
Brown, Glenn R. Vice President of the Company& Division President
Coop, Richard L. ' Vice President of the Company& Division President
Jaeger, R. Douglas Vice President of the Company& Division President
Luker,Jimmy Vice President of the Company& Division President
Frazier, Lisa Vice President, Financial Controller &Assistant Treasurer
Blake,Jaynes R. Vice President of Marketing
Boden, Scott ,Vice President&Division Controller
Brandon, Larry E. Vice President of Land Development
Brown, Lloyd Vice President&Customer Service
Brown; Glenn Vice President E
Clark, M. Scott Vice President of Construction
Cole, Gregory G. Vice President of Operations -
Comber, Thomas W. Vice President&Director of Operations I
Eggleston, R. Dale Vice President
Fleming, Joan L. Vie President
Frank, Jason Vice�President of the Company
Gillett,Jim! Vice President&Division Controller C
Hoban, Joe , Vice President of Sales &Marketing
Hodges, Greg D. Vice President of Land Acquisition
Kellerman, Kenneth Vice President of Sales and Marketing
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Name Title
Koeblitz, Robert Vice President
Krause, Kellee . Vice,President&Customer Service
Ledsam,Douglas G. Vice President of Land Acquisition
Lemke, Mike Vice President of Operations &Purchasing
Lopez,David Vice President of Sales &Marketing
Mayer, III,William E. Vice President&Assistant Secretary
McCook; Thomas Vice President
Montoya, Deanna Vice President
Nakamura, Gail Vice President of Marketing
Olson, Ann Marie Vice President of Sales &Marketing
Reed, Brent Vice President Land Acquisition/Development
Seld'ers, Robert Vice President of Forward Planning and Assistant Secretary
Stanicek, Chris Vice President&Division Controller
Wood,-Linda Vice President of Sales
Wyman, Anthony J. Vice President
Porter, Debra Assistant Division Controller
Mills, Lori Assistant Vice President &Director of Escrow
Adorni,Mark Assistant Secretary&Sales Manager
Armstrong, Daniel Assistant Secretary-&Director of Purchasing
Baran, Janice Assistant Secretary
Blum, Sherrie Assistant Secretary&Escrow Coordinator
Buchschacher, Paul W. I Assistant Secretary
Cleveland, Andrea S. Assistant Secretary
Cole, Kimberly.C. Assistant Secretary
Doughlin, Michael Assistant Secretary &Director of Purchasing
Evans, Dick Assistant Secretary&Director of Customer Service
Harbour, Ted I. Assistant Secretary
Hendrickson, Cathy Assistant Secretary
Hewitt, Bruce Assistant Secretary&Director of Purchasing
Hudspeth, Dennis D. Assistant Secretary&Director of Construction and Purchasing
Hunter-Perkins, Paula Assistant Secretary
Karnes,Robert M. Assistant Secretary
Liu, Sipei Assistant Secretary&Division Controller
Lyttle, Diane Assistant Secretary &Director of Customer Service
Maxwell,Danielle A. Assistant Secretary and Manager of Purchasing
Montano,Thomas B. Assistant Secretary ,
Morice, David T. Assistant Secretary
Murakami, Barbara M. Assistant Secretary and,Director of Forward Planning
Myhre, Jon Assistant Secretary
Penson, Stephan P. Assistant Secretary
Perez, Edward R. Assistant Secretary
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Name Title
Solorio,Denice Assistant Secretary&Escrow Coordinator
Vuylsteke,Norman Assistant Secretary&Division Controller
Wagemann, Michael T. Assistant Secretary& Construction Area Manager
Wiser, Caryn Assistant Secretary&Director of Customer Service
Young, Julie R. Assistant Secretary& Closing Coordinator
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CERTIFICATE OF ASSISTANT SECRETARY
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The undersigned hereby I rtifies as follows:
I. He is a duly elected, qualified and acting Assistant Secretary of Western Pacific
Housing,Inc., a Delaware corporation(the"Company"),is familiar with the facts herein certified
and is duly authorized to certify the same. i
2. The following is a;true,correct and complete copy of resolutions related to the subj ect
matter,as adopted by the"Consent of Sole Director of the Company dated May 31, 2005 (the
"Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full
force and effect as of the date hereof.
Election of Vice President of Forward Plannine and Assistant Seeretar_,_y
RESOLVED, that Robert Selders is hereby elected to the office of-Vice
President and Assistant Secretary(the"Vice President')in the North Bay Division
(the "Division") to serve until the next annual meeting of the directors.of the
Company and until his.successor is duly elected and qualified or'until his earlier
death,resignation or removal.
RESOLVED FURTHER, that the Vice President is hereby authorized on
behalf of(i)the Company, (ii)any partnerships of which the Company is a general
partner, manager or agent, and (iii) any limited liability company of which the
Company is a member,manager or agent(collectively,the"Entities")to sign,modify
and terminate, from tinne to time as he deems it to be in the best interest of the
Entities,homeowner association documents,CC&Rs,subdivision agreements,utility
agreements, condominium plans, all agency applications relating to development,
construction contracts, purchase orders, affordable housing agreements, security
bonds,consultant agreements,final maps,permits,engineering agreements and other
similar or equivalent agreements or documents for the Division relating to the
business of the Entities.
{
IN WITNESS WHEREOF,the undersigned has set his hand on the 6`h day of June, 2005.
Paul W.Buchschacher,
Assistant Secretary
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CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected, If qualified and acting Assistant Secretary of Schuler Homes of
California,Inc., a California corporation(the "Company"),is familiar with the facts herein certified
and is duly authorized to certify the same.
2. The following is a tru,,correct and complete copy ofresolutions related to the subject
matter as adopted by the Consent of Sole Director of the Company dated February 14, 2005 (the
"Resolution")_ The.Resolution has not been amended,rescinded or modified and remain in full force
and effect as of the date hereof.
t
Election of Vice President and Division President
RESOLVED, that Richard P. Ambrosini is hereby elected to the office of
Vice President of the Company and Division President(the"Division President")of
the Company's North Bay/Sacramento Division(the"Division"), to serve until the
next annual.meeting of the directors of the Company and until his successor is duly
elected and qualified or until,his earlier death, resignation or removal.
RESOLVED FURTHER, that the Division President is hereby authorized
and empowered,in the Division and in the name and on behalf of(A) the Company,
(B)anypartnership of which the Company is a general partner,manager or agent, and-
(C) any limited liability company of which the Company is a member, manager or
agent (collectively the "Entities"), (i) subject'to written approval by any one of the
following officers of the Company: (a) Chairman of the Board, (b) President, (c)
Senior Executive Vice President, (d) Executive Vice President or (e) the Region i
President of the Division) (the "Approving Officers"), to execute and deliver
contracts, agreements and other documents and instruments for the purchase of real
property, and any improvements or appurtenances constructed thereon or affixed
thereto, or any interest therein, including without limitation any right-of-way,
easement,leasehold or other tangible or intangible property,right or interest, and any
personal property relating or incident thereto, (ii)subject to written approval by any
one of the Approving Officers, to execute and deliver contracts, agreements, deeds,
conveyances or other obligations of the Entities, closing statements and other
documents and instruments for the sale of improved or unimproved real property, or
any interest or right therein owned,leased or otherwise controlled by the Entities and
(iii)to execute and deliver office and model home leases and such other agreements,
instruments or documents as the Approving Officers shall direct.
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RESOLVED FURTHER, that in connection with the management of the
Entities'business,the Division President is hereby authorized and empowered,in the
name and on behalf of the Entities in the Division, to execute and deliver (i)
contracts, agreements and-other documents and instruments for the subdivision,
development and/or improvIement of real property, (ii) home sales contracts, sales
person employment agreements and similar or equivalent agreements,documents or
instruments and (iii) personal property leases for, among other things, office
equipment and constructioi i trailers.
RESOLVED FURTHER, that in connection with the management of the
Entities' business in the Division, the Division President shall be authorized and
empowered,in the name and on behalf of the Entities in the Division,to execute and
deliver any and all.documents and instruments necessary to sell and convey title to
single-family homes. J
IN WITNESS WHEREOF,the undersigned has set his hand on the 21"'day of April,2005.
Paul W. Buchschacher,
Assistant Secretary
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