HomeMy WebLinkAboutMINUTES - 12162008 - C.11 sE ` Contra
TO: BOARD OF SUPERVISORS �
f �
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO11. Costa
n
DATE: December 16, 2008 0) 00 oAo
SrA _e6--- ~' County
SUBJECT: Accepting completion of drainage improvements for Drainage Acceptance 05-00058, Pacheco
area. (District II)
SPECIFIC REQU\\ EST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/1, accepting completion of drainage improvements for Drainage
Acceptance 05-00058 (cross-reference SD 05-08984), for project being developed by O'Brien at Pacheco, LLC,
as recommended by the Public Works Director, Pacheco area. (District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the drainage improvements per the Drainage Improvement Agreement and in
accordance with Title 9 of the County Ordinance Code.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of the drainage improvements will not be accepted and the warranty period will not begin.
UC� ✓
Continued on Attachment: SIGNATURE: � � G2%✓lit�G�l/
ECOMMENDATION OF COUNTY ADMINISTRATOR
_ ECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGN TURES :
ACTION OF BOARD ON APPROVED AS REC MENDED OTHER
vOT F SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT / copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
PE:jc ABSENT: ABSTAIN: date shown.
G:\EngSve\BO\2008\I2-16\DA 05-00058:BO-accept completion of improvementst.doex
Originator: Public Works(ES) -
Contact:Jocelyn LaRocclue(313-313-2315) //A
Recording to be completed by Clerk of the Board ATTESTED: - 4 4 VV,46 d Y eg
cc: Public Works -Finance O 1J �,qp
-Construction DAVID TWA, Clerk of the Board of
-Maintenance
-Flood Control Supervisors and County Administrator
-T-November 16,2009
O'Brien at Pacheco,LLC
Attn:Nelson Koen,Director of Land Development
950 Tower Lane,Suite 1250
Foster,City,CA 94404 By , Deputy
International Fidelity Insurance Company
1575 Treat Boulevard,Suite 208
Walnut Creek,CA 94598
Attn:Bryan Martin
...ilii
CONTRA COSTA Co Recorder Office
STEPHEN L, MR,, Clerk-Recorder
Recorded t the request of:. DOC-
Contra Costa County
Board of Supervisors Thursday, DEC 18, 2008 13:21:57
Return to: FRE $0.00:
Public Works DepartmentTt l Pd $0,00 Nbr-0004282163
Engineering Servicesces Division
lrc/R9/1-12
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/
SUBJECT: Accepting completion of drainage improvements for Drainage Acceptance 05-
00058 (cross-reference SD 05-08984), for project being developed by O'Brien at
Pacheco, LLC, as recommended by the Public Works Director, Pacheco area.
(District II)
These improvements are approximately located .along Pacheco Boulevard at the
Burlington Northern Sante Fe Railroad overcrossing.
The Public Works Director has notified this Board that the drainage improvements for
Drainage Acceptance 05-00058 (cross-reference SD 05-08984) have been completed as provided
in the Drainage Improvement Agreement with O'Brien at Pacheco, LLC, heretofore approved by
this Board;
NOW THEREFORE BE IT RESOLVED that the drainage improvements have been
COMPLETED as of December 16, 2008, thereby establishing the six-month terminal period for
the filing of liens in case of action under said Drainage Improvement Agreement:
DATE OF AGREEMENT SURETY
February 27, 2007 International Fidelity Insurance Company
PEJc
G:\FngSve\BO\2008\12-16\DA 05-00058-BO-accept completion of improvementst.doex
Originator: Public Works(ES)
Contact: Jocelyn LaRocque(313-313-2315)
Recording tobe completed byFinance clerk of the soars
cc: Publblicc Works -finI hereby certify that this,is a true and correct copy of
-Flood Control an action taken and entered on the minutes of the
-Maintenance
-Construction Board of Supervisors on the date shown.
O'Brien at Pacheco,LLC
Nelson Koen,Director of Land Development
950 /"'� L
950 Tower Lane,Suite 1250 ATTESTED: I�G_�rl
Foster,City,CA DAVID TWA, Clerk of the Board of Supervisors and
International Fidelityy Insurance Company
Insurance
1575 Treat Boulevard,Suite 208 County Administrator
Walnut Creek,CA 94598
Ann:Bryan Martin
By e.. Deputy
RESOLUTION NO.2008/
SUBJECT: Accepting completion of drainage improvements for Drainage Acceptance 05-
00058 (cross-reference SD 05-08984), for project being developed by O'Brien at
Pacheco, LLC, as recommended by the Public Works Director, Pacheco area.
(District II)
DATE: December 16, 2008
PAGE: 2
BE IT FURTHER RESOLVED that the payment (labor and materials) surety for
$477,000.00, Bond No. 0442426 issued by International Fidelity Insurance Company be
RETAINED for the six month lien guarantee period until June 16, 2009, at which time the Clerk
of the Board is AUTHORIZED to release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$9,540.00 cash deposit (Auditor's Deposit Permit No. 477233, dated January
25, 2007) made by O'Brien at Pacheco, LLC, and the performance/maintenance surety for
S141,669.00, Bond No. 0442426 (M) dated November 13, 2008 and issued by International
Fidelity Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406
of the Ordinance Code until released by this Board.
RESOLUTION NO. '2008/Ya
MAINTENANCE BOND
13ONDNO.: 0442426 (M)
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THATwe, O'Brien at Pacheco, LLC, a California limited liability company as Principal,
and International Fidelity Insurance Company ,a corporation organized and doing business tinder
and by virtue of the laws of the State of New Jersey and duly licensed to conduct surety
business in the State of California,as Surety,are held and firmly bound unto
County of Contra Costa
as Obligee,inthesumof One Hundred Forty One Thousand Six Hundred Sixty Nine & 00/100s--
141,669,00
0/100x--141,669.00 }Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors
and successors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
Drainage and other Improvements in Belmont Terrace
WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW,THEREFORE,if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason .
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee,then this obligation shall be void;otherwise to remain in Rill force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact
this 13th day of November 2008
O'Brien at Pacheco, LLC, a California YF-AR
limited liability company
By: The O'Brien Group, a California
International Fidelity Insurance Company
Corporation, its Managing Mamhar
Principal
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By: C��k,�k lj BY:
�L) Bryan D. Martin, Attorney-in-Fact
CgrUn
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ACKNOWLEDGMENT
State of California
County of Santa Clara )
on November 13, 2008 before me, Jean L. Neu, Notary Public
(insert name and title of the officer)
personally appeared Bryan D. Martin
who 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 helsheutxN executed the same in
hisgWIMPW authorized capacity(#), and that by his/14WAMW signature�t) on the instrument the
persons), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JEAN L.NEU
,". rr...�
WITNESS my hand and official seal. - Z,
Commisslon 1626528
.,
.:-:- Notory Public•Coliomao
Son rJcteo Cour%'
My Comm.Upires Dec 21,2009p
Signatu (Seal)
Tel c973, 24-7200 POWER OF:ATTORNEY
INTERNATIONAL FIDELITY INSURANCE:`COMPANY.
HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR .
NEWARK;!.NEW JERSEY 0710275207'
1100W.ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing
laws of the State of New Jersey';and having its principal office in the Ciry.of Newark, Newrlersey:does hereby,constitute and appoint
...... .; .. . ..
BRADLEY N. WRIGHT; B.A. POITEVIN,JEAN L. NEU ERIN BAUTISTA CAROL B. HENRY
BRYAN D. MARTIN, S.::NICOLE EVA NS
San Jose, CA._
its true and lawful attorney(s)-iii fact to execute seal and deliver for:and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity and.
other writings obligatory in the nature thereof, which are or maybe allowed, required or permitted by`.law,stature,rule,regulation, contract or otherwise, and
the execution of such`uistrument(s),in pursuance of these presents, shall'be as binding upon the said INTERNATIONAL FIDELITY INSURANCE.
COMPANY, as fully and amply;to alI intents and purposes, as if the'same had been duly executed.arid.acknowledged by;its regularly elected officers ati[s
principal office.
This Power of Attorney is'executed, and'-may be revoked, pursuant to and by authority of Article 3-Section 3,of the By-Laws-adopted by the Board of
Directors of.INTERNATIONAL-FIDELITY:INSURANCE.COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President,Secretary or Assistant Secretary,shall have power and authority
(1)To appoint 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,,contracts of indemnity and other writings,obligatory inthenature thereof:and, - -
(2)To remove, at any time,`any such attorney-in-fact and revoke the authority given.
Further;.this Power of Attorney is signed,and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting .
'duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: - -
Now therefore the signatures ofsuch officers and the seal of the.Company may be affixed to any such power of attorney or:any certificate relating thereto by
'facsimile,and any such power of attorney orcertificate bearing such facsimile signatures or facsimileseal shall be valid and bmdmg upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
iTY/hrJ. IN TESTIMONYWHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
�\
l/ affixed
p� ,p signed and its corporate seal to be axed by its authorized officer,this 16th day of October,A.D..2007.
R pRP "�9J `may INTERNATIONAL FIDELITY INSURANCE COMPANY
oZ SEAL %r,
m
9(Zd STATE OF NEW JERSEY
Comity of Essex �C?�
d�1Nl :.w��a Secretary
On this'16th day of O 1.ctober 2007, before me came the 11 individual who executed the preceding instrument,to me personally known,and, being by me duly
sworn,_said the he is the therein described and authorized officer of die: INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to
-.said-instrument is the.Cocporate Seal of said`Company;;that the said:Corporate Seal and his signature were duly affixed by order of the Board of.Directors of
said Company.
,ARp IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
�P• �� at the Cityof Newark,New Iersey;the day any
d ear first above written.
VA -
NOTARY
O - �\
PUBLIC
�d
EFlS A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission-Expires N
ov.21,2010
wI,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
'Poer of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF;SAID COMPANY,and that the same are correct transcripts thereof,and: the whole of the said originals,:and that tha'said Power
of.Attorney has notbeen revoked and is now in.full force and effect ., ..
IN.TESTIMONY WHEREOF, I have hereunto set my hand this 13th day of November 2008
Assistant Secretary
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
State of California
County of San Mateo
On November 14, 2008 before me, Catherine Biddle, Notary Public, personally
appeared Caryn E. Kali who 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
she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
- - - - - - - - - - - - - - - - - - -
WITNESS m hand and official seal. CATHERINE 1802E
Y Commts:fon s t802810
Notary Public-CalflorMa
son Mateo County
My Comm. Expires Jun 21, 2012
Seal
Signature g (Seal)
RESOLUTION
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 O'BRIEN
GROUP on June 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: G -2-7-0 I Signature:
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OPERATING AGREEMENT
OF
O'BRIEN AT PACHECO, LLC
THIS OPERATING AGREEMENT(the"Agreement")is made and ent ed into effective
as of February 14,2005 (the"Effective Date"),by and among The O'Brien Gro p,a California
corporation("TOG"or the"Manager"),Stephen Zales as Trustee of The Stephen and Grace Zales
Trust("Zales"), 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 O'Brien at Pacheco,LLC(the"Company").
B. TOG holds a contract to acquire certain land located in Contra Costa County,
California(the "Land"). The Land is being acquired to be developed with approximately one
hundred twenty-six single-family homes,which will be constructed and sold by the Company
the "Project"). y�Q4
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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:
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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 O'Brien at Pacheco, LLC.
The principal office of the Company shall be at 2001 Winward Way, Suite 200, San Mateo,
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California 94404, or at such other place as may be designated in writing by the Manager.
1.2 Purpose. J
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The purpose of the Company shall be to acquire and develop the Project.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first
above written.
MANAGER:
The O'Brien Group,a California Corporation
Dennis O'Brien,President
O E
{
*art
of The Stephen and Grace
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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, 2008:
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;
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RESOLVED, that the following are duly elected to serve as officers ofthe
corporation for the ensuing year or until such time as their successors should be elected:
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NAME OFFICE �.
DENNIS O'BRIEN President I
STEPHEN J. ZALES Vice-President
CHARLES K. SCHOENBERGER Vice-President
LARISSA ABELING Vice-President
JAMES POLLART Vice-President
SCOTT COEN Vice-President
GLORIA O'BRIEN Secretary
PENNY TAYLOR Assistant Secretary j
CARYN KALI Treasurer
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DENNIS O'BRIEN, Director
GLORIA O'BRIEN,Director
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