HomeMy WebLinkAboutMINUTES - 10072003 - C13 ..................................................................
. . .........
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8703,
being developed by OBG at Bay Point, LLC,Bay Point area. (District V)
DATE- October 7,2003
PAGE• 2
A. Cash Bond
Performance amount: $17,200
Auditor's Deposit Permit No. 411948 Date: September 18, 2003
Submitted by: OBG at Bay Point, LLC
Tax ID Number: 87-0689375
B. Surety Bond
Bond Company: Arch Insurance Company
Bond Number: SIJ5002918 Date: September4,2003
Performance Amount: $1,703,400
Labor&Materials Amount: $860,300
Principal: OBG at Day Point, LLC
111. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 2003-2004 tax
lien has been paid in full and the supplemental tax lien is estimated to be$0,
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said final map is APPROVED, subject to the approval of the Lot Line
Adjustment(03-0055), and this Board does not accept or reject on behalf of the
public any of the streets, paths, or easements shown thereon as dedicated to
public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/589
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OBG at Bay Point, LLC
a Calif. Limited Liabiltiy Co
By: The O'Brien Group, a Calif.
SUBDIVISION AGREEMENT rp. , Its Managing Member
(Government Code§66462 and §66463)
Subdivision- SUB 8703 Principal:
Jas Polla , VP
P,ri,n
Effective Date: Completion I year
THESE S14GNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY PRINCIPAL
Maurice N/1. Shiu.Public Works Director
orE-
By: AXX.44 (signative)
(print 11a me&title)
RECOMMENDED F R APPROVAL
fr
By
i inee ' - rvicesDivision (Print acme 9.fill,,)
FOEM APPROVIID: Victor J. Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principalis incorporated,signatures must
conform with the designated representative groups pursuant to Corporations
Code§313.)
1 PARTIES&DATE. Effective on the above date,the Countv of Contra Costa.California,hereinafter called"County"and the above-mentioned
Principal.mutually promise and agrecas follows concerning this subdivision:
2. IMPROVEMENTS. Principal 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 subdivision
y e,
as reviewed and on rile with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code
(including founre amendments theretoy
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period frorn date hereof,as
required by the California Subdivision Map act(Government Code§§66410 and following)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 goverri.
3. IMPROVEMENT SECURITY- Upon executing this agreement. Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. ror Performance and Guarantee: S 17.200.00 _cash,plus additional security,in the amount L703.400.00
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.
1)( Acceptable corporate surety bond.
— Acceptable irrevocable letter of credit.
With this security.Principal guarantees perfortriartce 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.Pavment: Security in the amount: 860,300.00 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
J_ Acceptable corporate surety bond.
— Acceptable irrevocable letter of credit.
With this security. Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities n-lay be reduced in accordance with§94-4.406 acid§94-4.408 of the Ordinance Code,
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11.1.1. ... ....... ........... ... ........._...._._._. ....... ......... 1111 ......... ......... ......... ......... ......_.. ......... ......... ......... ............._
4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete, in accordance with
Article 96-4.6,"Acceptance."of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's 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 tine County road system.
S. PLANT ESTABLISHMENT WORK. Principal 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 estabfishn ent work shall be performed
for a period of one(I)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for tile work are adequate to accomplish the work as
promised in Section 2 and as requited by the conditions of approval for the subdivision. If.at any time before tine 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.Principal shall make whatever changes
necessary to the plans 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 Agreeinciit,oraeceptance o€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 Principal of the obligation to fulfill
this agreement as prescribed: nor shall County be thereby stopped from bringing any action against Principal for damagesarisingfrorn the failure to
comply with any o£the terms and conditions hereof_
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's 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 County reviewed said improvement pians or accepted the work as
complete and including the defense of any suit(s),action(s),or other procceding(s)concerning said liabilities and claims.
C. The actions iausing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to Principal.contractor.subcontractor.or any officer.agent or employee of one or morcof thein*
D. Non-conditions: 11b,promise and agreement in this section are not conditioned or dependent oil whether or not any Indemnitee has
prepared.supplied.or ...approved any plants)or•specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these ratters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity_
9, COSTS: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required
thereby.
10. St;RVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisiitction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by Board of'Supervisors.
H. NON-PERFORMANCE AND COSTS: If Principal fails to complete tlae work within the time specified in this agreement.and subsequent
extensions.or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to
pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract.overhead,etc.)immediately upon
demand:
Principal hereby consents to entry on the subdivision property by County and County forces, including contractors, in the event County
proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work. Principal agrees to pay all costs incurred by Comity, even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds
to complete tine work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete.the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph.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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. -Fite provisions of paragraph
8(Indemenity)shall continue to apply in favor ofthe indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof.County shall allow Principal to file and record the final map or parcel map £or said subdivision.
RL JD lad
G-1GrpI3ata\Ei�gS�elrarns\AG WO;UY AC-30 doe
Rev: octobel,25.2001.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Gr, OPTIONAL SECTION
County of G�/s`� C� CAPACITY CLAIMED BY SIGNER
On f Q before me, t t Though statute does not require the Notary to flit in
DATZ NAMEITLE CER E.G.,"SANE DOL,NOTARY PUBLUC. the data below,doing so may prove invaluable to
personally appeared / t/i'B�`J � "� 7D persons relying on the document.
/� NAME(S)OFStGNnR(S) C INDIVIDUAL
V'personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to L+' CORDO 'ATE OMCER{(S
iGd r t
be the person(s)whose name(s)islara. Z'tTLE{S)
subscribed to the within instrument and
10]MYCMM.UpJeb2?,2M
a CATH L.AIM!ATt aelmowledged to me that he/skeAhey executed ❑ PARTNER(S) 17 LIMITED
the same in hisAvn4 l(err authorized
Cikk4M.;Ot'134t8Z3 C� GENERAL
Pubtla Catbrnis capacity{ies),and that by his/her/their
Notary 0 ATTORNEY-IN-FACT
u3SAN MATEo CEYt l9l IY signature(s)on the instrument the person(s)or 0 TRUSTEE(S)
the entity upon behalf of which the person(s)
acts ecuted the instrument ❑ GUARDIAN/CONSERVATOR
0 OTHER:
ESS y hon o ficial's7e01` SIGNER IS REPRESENTING:
[p' (NAME OF PE {S)O ETY{ttEs)} f off
A. NOTARY �e.7� G� r,rt,'I
❑ acknowledged to me that such corporation executed the wi stru ent pursuant to its by-laws or L
a resolution of its Board of Directors gj,
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a signs exact y as it is typed or printed.
Il. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated,
Ill. SIGNATURES FOR PARTNERSHIPS - Siping party must be either a general partner or be authorized in writing to have
e authority to sign or an m e partnersmp.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed y two officers,one from each of the following two groups:
GROUP 1. �a�The Chair of the Board
bThe President
cAny Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
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COUNTY OF CONTRA COSTA /l
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA �
RECEIVED FROM -
i ) ORGANIZATION NUMBER.-
(for
UMBER(Far Cash Collection Procedures see County Administrator's Bulletin 10&)
DESCRIPTION FIND/ORG.
ACCI TASK OPTION ACTIVITY AMOUNT
-440 , �, ��31 W,
0645 , *,931
44,6/:�, ANA
Ve f �
AILAKY, LX
r
110
EX LANATION: TOTAL $ r
DEPOSIT EfJrS � l
D, consists of the following items
,f'OiN and CURRENCY $�
�f +WOKS M.O.,ETC. $ccs
7YtS C !r✓ / I , G/t} / /f 7v�jE,! BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
V,
PERMIT DP
T Y r 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 TrectsY.,
admawledgeat
SignefT
l Signed: // Signed -
Title; r - /
EXT. rj Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93) J
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT �
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ.CALIFORNIA
RECEIVED FROM /
ORGANIZATION NUMBER
(oW6-fion)
(For Cash Collection Procedures see County Administrators Bulletin 1175.)
DESCRIPTION FUND/ORG. A� TASK OPTION ACTIVITY AMOUNT
,041 91b&,jr
11 �11 it fill qj dea 1,ao
t
I V1
t
r
t
E
f
000 91jA zqe ;Q
1
L_1__'_ I L I I
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EXPLANATION: TOTAL $ i
DEPOSIT r
Deposit consists of the following items
COIN an URRENCY $
CHECKS,M.O:,ETC. , .__,,..,.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT /
PERMIT DPA / J
NUMBER
DATE I fl
ASSIGNED
The amount of money described above is for Tre ' s re f d. Receipt of above amount is hereby
deposit into the County Treasury. �r ?2 tY acknowledged
Signed s'Z,4 � /�'� $/_ �j t to q- IZU
Tif _ Signed: Signed:
tle �`,�,.", 1{ nj/(� � ) EXT.� `'-ufi" / • Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-43)
0649-9665 / 831000: 01120772, 37,640.00, RA1137 E. Branch
PkW 2Middle school Windemere Phase IV, Rd Acceptance Plan Review
Deposit, Windemere BLC, GCC, 3130 Crow Canyon P1 #310, San Ramon, Ca.
94583
0649-9665 / 831000: 61120773, $203.345.00, SUB 8577 Major Sub
Inspection Deposit, Hofmann Land Development Co., 1380 Galaxy Wy,
Concord, Ca. 94520
0649-9665 / 831000: 61120774, $48,000.00, SUB 8578 Major Sub
Inspection Deposit, Hofmann Land Development Co., 1380 Galaxy Wy,
Concord, Co. 94520
0649-9665 / 831000: G1120775, $83,550.50, SUB 8579 Major Sub
Inspection Deposit,
Hofmann Land Development Co., 1380 Galaxy Wy, Concord, Ca. 94520
0649-9665 / 831000: G1120776, $500.0 0, Rec. of Survey Deposit
852828, Samuel B & Linda L. Lee, 4 Austin Ct., Orinda, Co. 94563
0649-9665 / 831000: G1120777, $500.00, Rec. of Survey Deposit
R52829, Bud Laverne Simmons, 3859 Joan Ave., Concord, Ca. 94521
0649-9665 / 831000: 61120778, $500.00, Rec. of Survey Deposit
RS2830, Schell & Martin Inc., 3377 Mt. Diablo Blvd., Lafayette, Ca. 94549
0649-9665 / 831000: G1120779, $500.00, Rec. of Survey Deposit RS2831,
Joan K. Massey, 161 Richard Ln., Walnut Creek, Co. 94595
819800-0800: G1120780, $17,200.00, SUB 8703Performance
Cash Bond, OR& AT Bay Point, LLC, 2001 Winward Wy, Ste. 200, San Mateo,
Ca. 94404
0649-9665 / 831000: G1120780, $80,927.00, Major Sub Inspection
Deposit, OR& At Bay Point, LLC, 2001 Winward Wy, Ste. 200, San Mateo, Co.
94404
0649-9665 / 831000: 61120782, $20.000.00, SUB 8306 task (72) Plan
Review, Shapell Industries of No. California, 100 N. Milpitas Blvd., P.O. Box
36'1169,-Milpitas, Co. 95035
0682-9752 / 829200: 01120784, $200.000.00, Vasco Rd/Camino Diablo
Intersection Improvements WO#4097 City of Brentwood, Teresa Wooten,
City of Brentwood, 708 Third St. Brentwood, Co. 94513
0672-9755 /
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Subdivision: SUB 8703
Bond No.: SU5002918
Premium(2 years): $25,551.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL,OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision 8703 , as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. OBLIGATION: OBG at Baypoint, LLC
as principal and ArchInsurance Company,
, a corporation organized and existing under the laws of the State of Missouri
and authorized to transact surety business in California, as surety,hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows:
A. Performance and Guarantee: One Million Seven Hundred Three Thousand Four Hundred and
00/100 Dollars ($ 1,703,400.00 ) for Contra Costa County or any city assignee
under the above County Subdivision Agreement.
B. Payment: Eight Hundred Sixty Thousand Three Hundred and 00/100
Dollars($ 860 300.00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III 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
assignee)its officers, agents and employees, as therein stipulated,then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be
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taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the
undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect
to such work or labor and that said surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa (or city assignee) in successfully enforcing such obligation, to be
awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on
this bond,and consent is hereby given to make such alteration without ftu ther notice to or consent by
the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on September 4 2003
PRINCIPAL: OBG at Baypoint, LLC SURETY: Arch Insurance Company
Address: 2001 Winward Way, Suite 200 Address: 7470 N. Figueroa Street
City: San Mateo,CA Zip. 94404 City: Las Aa0les AZip: 90041
By: The O'Brien Group, a California Corp. By: l"
Its.Managing Member
Print Name: "Ac. Caryn Kali Print ame. Stephen M. Childs
Title: Chief financial officer Title: Attorney-in-Fact
ID mw:lap
GAGrpData'',EngSvc\Forms\BN WORD\BN-12.doc
Rev,November 28,2000
....>...:..:.....>c.........•,.wNv,..t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of
/ CAPACITY CLAIMED BY SIGNER
On r 3 before me, t Though statute dues not require the Notary to fell in
DATE NAME,TITLE OF 7FFICER E.G", JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
_ � persons relying on the document.
personally appeared r�
�NAME(S)of SIGNER(S) ❑ INDIVIDUAL
❑ personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to Ct3l2PUF�_j E�OFFICER(S)
be the person(s)whose names is/are C
subscribed to the within instrument and TITIs(s}
acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED
CATHY L.AMATO the same in hislheritheer authorised ❑ GENERAL
>t. COMM.a1S4023 capacity{ies),and that by his/her/their
.t., � ❑ ATTORNEY-IN-FACT
t €Soury Pubtic-Calfforni* ttl signature(s)on the instrument the person(s)or ❑ TRUSTEE{S}
ux SAN MATEO COUNTY x the entity upon behalf of which the person(s)
acted uted the instrument. ❑ GUARDIAN/CONSERVATOR
Comm,Exp.Feb 27,206 ❑ OTHER:
4thewithi
S y ha dPia1, SIGNER IS REPRESENTING:
{NAME OF PERSONS)OR ENTITY(IES))
I A URE OP
L7 acknowledged to me that such corporation executemerit pursuanf to its by-laws or
a resolution of its Board of Directors
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document �• .°'` `j' �� �"`t
TO THE DOCUMENT AT RIGHT. Number of Pages a er7
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above -"�>kvL r
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR.ALL SIGNATURE -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PA€ZTNERSHIPS- Sigining party must be either a general partner or be authorized in writing to have
e authority to sign or an in e partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups.
GROUP 1. a}The Chair of the Board
�b The President
{c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:MW
l%PwS4\SHARDATA\C-tpDatatEngSvctFornu\WORD FORMSL4LL PURPOSE NOTARY.doc
State of California
County of Los Angeles
On EP 0 4 20 before me, . &e zna Range4 Lotary Public.
NAME,TITLE OF OFFICER
personally appeared Stephen M. Cb lds NAME OF SIGNER
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),and that by his/her/their
FfLGMARANN$,�E signature(s) on the instrument the person(s),or the entity
6 aYys y<c 3 ti fW upon behalf of which the person(s) acted,executed the
T �a IristrUi23erit.
d:It W6
WI S my hand and of
(SIGNATURE OF UTA
OP'T`IONAL
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 SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL BOND(S)
• CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
T LE(S) --------------------
PARTNERS) C LIMITED NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
---------------------------------------
A=dcan 2dowrists Insurance Commv
Arch Insurance Com2any SIGNER OTHER THAN NAME ABOVE
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
Stephen M.Childs of San Mateo,CA(EACH)
Its true and lawful Attorney(s)in-Fact,to make, execute, seat, 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 as bonds and undertakings
EXCEPTION. NO AUTHORITY is granted to matte,execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This away does not permit the same obese to be split into two or more bonds in order to bring each such bond
within than do4w limit of authority as set forth herein.
The Company may revoke tants appointment at any fte.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully,and amply to all intents and purposes,as if tale some hadb�i duty,executed and acknowledged by its
regularly elected offtem at its principal office in Kansas City,Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent sof the Board of Directors of
the Company on March 3,2003, no 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 atto eys4n-fact,
and to authorize therm to execute on behalf of the Company. and attach the seal of the Company thereto. bonds and
undertakings, recognizance$, 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 facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company.on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and Med 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 Burd of Directors on March 3 2003, and any such power so executed, sealed and oertified
with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 03
Page 1 of 2 Printed in U.S.A.
in Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 9th day of Mav '2003
Arch Insurance Company
Attested and Certified
am*
aasxw►�e
sw,
rm
Joseph S.LiWl,Corporate Secretary Thomas P.Luckstone,Vias President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B.Gilligan. a Notary Public,do hereby certify that Thomas P.Luckstorw and Joseph S. Labell personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscnbed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duty
authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
OFFIC K"aFitl.
Melissa lit an,Notary Public
My commission expires 2-28-05
CERTIFICATION
1, Joseph S. Labell, Corporate Secretary of the Arch insurance Company, do hereby certify that the attached Power of
Attorney dated May 9.2003 on behalf of the person{s}as listed above is a true and correct copy and that
the same has been in hull force and effect since the date thereof and is in full force and effect on the date of this certificate;
and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on
the date of execution of the attached Power of Attomey the duly elected Mice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this....... �y+� 4 2083 .20
Joseph S ii,Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
coeroiutt ��ss
v aw a
lbsosd
Home Office:Kansas City, MO
00ML0013 00 03 03
Page 2 of 2 Printed in U.S.A.
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.
.........................................................................................................................................................
. .............................................................................................................
OPERATING AGREEMENT
OF
OBG AT BAY POINT,LLC
TM OPERATING AGREEMENT(the"Agreement")is made and entered into effective
as of March 4,2003 (the"Effective Date!'),by and among The OBrien Group,a California
corporation(`TOG'or the"Manager"),Stephen Zales as Trustee of The Stephen and Grace Zales
Trust("tales"),Charles Schoenberger("Schoenberger")and James Pollart.("Pollart"). TOG,
Zales,Schoenberger and Pollart are collectively referred to as the"Members"or individually as a
"Member".
RECITALS
A. The Members desire to document their understandings,agreements,rights and
obligations as Members in 0BG at Bay Point,LLC(the"Company).
B. TOG holds a contract to acquire approximately 6.9 acres of land located in the
Bay Point area of Contra Costa County, California(the "Land"). The Land is being acquired to
be developed with single-family homes,which will be constructed and sold by the Company(the
"Project").
C. The Partners desire to form the Company to acquire and develop the Project.
AGREEMENT
IN CONSIDERATION OF the terms and conditions contained herein,the Members agree
as follows:
1. FORMATION OF LIMITED LIABILITY COMPANY
1.1 Name and Principal Office.
The Members hereby confirm the formation of the Company as a California limited
liability company pursuant to the Beverly-Killea Limited Liability Company Act(the "Act").
The business of the Company shall be conducted under the name of 0BG at Bay Point,LLC.
The principal office of the Company shall be at 2001 Winward Way, Suite 200, San Mateo,
California 94404,or at such other place as may be designated in writing by the Manager.
1.2 Purpose.
The purpose of the Company shall be to acquire and develop the Project.
C.AwindowsNternpaop agrMl.doc
................ ......
''I'll--,...I.............................................................................................................................................................-.......................
..................................................
iN wrrNEss WHEREOF,the parties have executed this Agreement as of the date first
above written.
MANAGER:
The O'Brien Group,a California Corporation
efinis UBr�ienesident �
Stepp ale Trustee of The Stephen and Grace
Zale t
harle
3 Po art�
cAwindowsldenVYop ag"l.doc
28
...............................................-........ ...................
k
UNANIMOUS WRITTEN CONSENT OF
DIRECTORS OF
THE O'BRIEN GROUP,
A California Corporation
The undersigned, constituting all of the directors of the corporation, acting
pursuant to the authority of Section 307(b) of the California General Corporation Law,
hereby adopt the following recitals and resolutions, effective March 4, 2003:
WHEREAS, it is in the best interests of this corporation to dispense with the
annual meeting, and substitute in its place the unanimous consent of the directors for the
purpose of carrying out the business that would take place at an annual meeting;
RESOLVED, that this unanimous consent shall be substituted in
place of that annual meeting.
WHEREAS, consideration should be given to ratification of the acts of the
officers and Board of Directors on behalf of this corporation during the prior year; and
WHEREAS, the directors have reviewed all of the past year's activities, financial
data, contracts, agreements, and status of the business; and
WHEREAS,the matter of ratification and affirmation of the acts of the officers
on behalf of the corporation during the past year has been considered at length;
RESOLVED, that the acts, commitments and contracts executed
by the officers on behalf of this corporation during the past year be and
they hereby are ratified, confirmed and adopted as those of the
corporation.
WHEREAS, the directors desire to elect officers of the corporation to serve for
the following year;
RESOLVED, that the following are duty elected to serve as officers of the
corporation for the ensuing year or until such time as their successors should be elected:
1
NAME OFFICE
DENNIS O'BRIEN President
GLORIA O'BRJEN Vice-President
STEPHEN J.ZALES Vice-President
CHARLES K. SCHOENBERGER Vice-President
LARISSA ABELING Vice-President
JAMES POLLART Vice-President
GLORIA O'BRIEN Secretary
PENNY TAYLOR Assistant Secretary
CARYbt KALI Treasurer
DENNIS O'BRIEN, Director
GLORIA O'B/rRIJ EN, Director
2
RESQLU 1 IO
Z, Dennis O'Brien, President of THE O'BRIEN GROUP, a Califomia
Corporation, coo hereby certify that the following is a true and correct copy of a
Resolution passed by the Board of Directors of THE O'BRIEN GROUP on October 14,
2002.
"RESOLVED that James F.Pollart, Vice President
of this Corporation,is authorized to execute any and
all documents on behalf of this Corporation.,,
Dated: i O� f LI-d - Signature. ----'�-�-----
Dennis O'Brien
RESiOI,UMN ,
I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California
Corporation, do hereby certify that the following is a true and correct copy
of a Resolution passed by the Board of Directors of THE OIBRYEN
GROUP on lune 27, 2001.
"RESOLVED that Caryn Kali, Chief Financial Officer and Treasurer
of this Corporation, is authorized to execute any and all documents on
behalf of this Corporation."
Dated: ��-0 i Signature:
`'t 010 A �' � 9/1:8/03 FATCO$27 8703
Tax Collector's Office 4111iam J.Potlacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 100
P.O,Sox 631Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
Date: 9/18/2003
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
8703 BAY POINT 79024
Parcel#: 096-020-003-8 096-020-010-3 096-020-068-1 096-020-077-2 096-020-078-0
096.020-079-8 099-020-096-2 096-020-097-0
and have determined from the official tax records that there are no unpaid County taxes heretorore
levied on the property included in the map.
The 2003-2004 tax lien has been paid in full.
Our estimate of the supplemental tax lien is $0.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasur-Tax oll for
By: 'i
flwr
e-
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 7, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 589
SUBJECT: Approval of the Finial Map and Subdivision Agreement for Subdivision 8703,being
developed:by OBG at Bay Point, LLC, Bay Point area. (District V)
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 8703, property located in the Bay Point area,
Supervisorial District V, said map having been certified by the proper officials.
IT. Subdivision Agreement
A subdivision agreement with OBG at Bay Point, LLC, principal, whereby said
principal agrees to complete all improvements as required in said subdivision
agreement within one year from the date of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements 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 on the date
Originator:Public Works(ES) shown.
Contact: Chis Lau(313-2293)
CL:cw
a\GrpData\Fngsvc\EVO\2003\10-07-03\sus 8703$0-21.doc OCIC)BER 07 2003
CC. Public Works—T.Bell,Construction ATTESTED; �
T
Current Planning,cortarn,nity Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
OBG at Bay Point,LLC Administrator
Eric Keller
2001 Winward Way,Suite 200
San Mateo,CA 94444 y
Arch Insuurancnce Company B Deputy
Stephen Childs ,
7470 N.Figueroa Street
Las Angeles,CA 90041
RESOLUTION NO,2003/ 589