HomeMy WebLinkAboutMINUTES - 12162008 - C.19 tip Contra
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TO: BOARD OF SUPERVISORS — -•`�'
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO Costa
.,�IiPlne Z '
DATE: December 16, 2008 County
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SUBJECT: Amending Subdivision Agreement, for Subdivision 05-08984, Pacheco area. (District II)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ L amending Subdivision Agreement, for Subdivision 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 partially completed the required improvements and requested a reduction of the bonding obligation
proportionate to the remaining work, which will be completed when economic conditions improve
CONSEQUENCES OF NEGATIVE ACTION:
The bond obligation will not be reduced.
Continued on Attachment: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
COMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS FtECOMMENDED OTHER
voTF�oF suPERv[soRs �/� I hereby certify that this is a true and correct
✓ UNANIMOUS(ABSENT A/0"4 ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
PEjc
G:\EngSvc\BO\2008\12-I6\SD 05-08984 BO-23 FORM.doc
Originator: Public Works(ES) ATTESTED:
Contact: J.LaRocque (313-2315) DAVID TWA, Clerk of the Board of
cc: Director of Commmtity Devetopment .
Public Works -Finance Supervisors and County Administrator
-Construction
-T:December 27,2008
O'Brien at Pacheco.LLC
Attn:Nelson Koen,Director of Land Development By , Deputy
950 Tower Lane,Suite 1250
Foster,City,CA 94404
International Fidelity Insurance Company
1575 Treat Boulevard,Suite 208
Walnut Creek,CA 94598
Attn:Bryan Martin
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/ ,?14f/
SUBJECT: Amending the Subdivision Agreement for Subdivision 05-08984 for project being
developed by O'Brien at Pacheco, LLC, as recommended by the Public Works
Director, Pacheco area. (District II)
The following substitute security to guarantee the road and drainage improvements as
required by Title 9 of the County Code was presented for the Board approval this date:
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Security with O'Brien at Pacheco, LLC as principal in the form of a corporate surety bond
rider (Bond No. 0442419) dated October 1, 2008, and issued by International Fidelity Insurance
Company in the amount of$671,424.00 for faithful performance.
NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the
Board on February 27, 2007, is hereby AMENDED to allow reduction of performance amount
proportionate to the remaining work.
BE IT FURTHER RESOLVED that the cash deposit(Auditor's Deposit Permit No.476860,
dated January 18, 2007, in the amount of$ 20,880.00), made by O'Brien at Pacheco, LLC, and the
payment(labor and materials) Surety (Bond No. 044241-9 dated January 9, 2007 in the amount of
$1,044,000.00) issued by International Fidelity Insurance Company be RETAINED until released
by this Board.
PE:jc I hereby certify that this is a true and correct copy of
c:\EnbSvc\Bo\2008v2-I6\SD 05-08984 BO-23 FORM.doc an action taken and entered on the minutes of the
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact: J.LaRocque (313-2315)
cc: Director of Conununity Development
Public Works -Finance
-Construction ATTESTED: ��Gil7 a/' �G ae"0411'
-T:December 27,2008
O'Brien at Pacheco,LLC DAVID TWA, Clerk of the Board of Supervisors and
Attn:Nelson Koen,Director of Land Development County Administrator
950 Tower Lane,Suite 1250 y
Foster,City,CA 94404
International Fidelity Insurance Company
1575 Treat Boulevard,Suite 208
Walnut Creek,CA 94598 By Deputy
Attn:Bryan Martin y
RESOLUTION NO. 2008/
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M.1_
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RIDER
To be attached to and form a part of Bond No. 0442419
in the amount of$ 2,067,120.00 issued by International Fidelity Insurance Company
on behalf of O'Brien at Pacheco, LLC
in favor of Contra Costa County
Whereas said Obligee has requested that this bond be decreased
by $ 1,395,696.00
It is hereby understood and agreed that the bond penalty is decreased
from $ 2,067,120.00 to$ 671,424.00 such decrease
being effective September 22,2008
Signed, sealed and dated this Ist day of October 20 08 .
O'Brien at Pacheco,LLC
Principal
By: Car n E. Kali Trezlsurer
International Fidelity Insurance Company
By:
Erin Bautist , Attorney-in-Fact
ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 1, 2008 before me, Jean L. Neu, Notary Public
(insert name and title of the officer)
personally appeared Erin Bautista
who proved to me on the basis of satisfactory evidence to be the person(5) whose name(s) is/me
subscribed to the within instrument and acknowledged to me that teshe/ttmy executed the same in
Ms/her/tkreir authorized capacity(ief* and that byAiWher/their signature(s)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.
JEAN L.NEU
WITNESS my hand and official seal. commission# 1626528
z -e Notary Public-California
Z
San Mateo County
My Comm.Expires Dec 21,2009
Signatu (Seal)
Tel(973)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR
NEWARK,NEW JERSEY 07102-5207
FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS
KNOW 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 City of Newark,New Jersey,does hereby constitute and appoint
...................................................................................................................................................................................................................................................................................r
BRADLEY N.WRIGHT,B.A. POITEVIN,JEAN L. NEU, ERIN BAUTISTA, CAROL B.HENRY,
BRYAN D. MARTIN, S. NICOLE EVANS
San Francisco, CA.
.. ..............................................................................................................................................................................................................................................................................
its true amd lawful attorneyys-in-fact to execute,seal and deliver for and on Its behalf as surety,an and all bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof,which are or may be allowed required or ernutted byp law,stature rule re�illation,contract or otherwise and
the execution of such Instrument(s) in pursuance of these presents, shalt be as binding upon Ute Bard INrJ RNATIONAL FIDELITY INSUR &,
COMPANY as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at its
principal offG.
This Power of Attome.Is executed,and mayp be revoked pursuant to and by authority of Article 3Secdon 3,of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANC$COMPANY at a meeting called and held on the 7th day of February,1p974.
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
underlslotI S.contracts of indemnity and other writings obligatory in the nature thereof and,
(2)To remove,at any time,any such attomey-in-fact and revoke the authority given.
Further this Power of Attorney is signed and sealed%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 Aprll,1982 0(which the following is a true excerpt:
Now therefore the signatures of such 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 or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding 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/N�. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be N (/ signed and its corporate seal to be affixed by its authorized officer,this 16th day of October.A.D.2007.
0p-
VQ� w�F y INTERNATIONAL FIDELITY INSURANCE COMPANY
C3 SEAL m
STATE OF NBIV IERSBY
gB�Sst, �p County of Essex
Secretary
On this 16th day of October 2007,before me came the individual who executed the ppreceding instrument to me�personallyq known and,being by me duly
sworn,said the he is the therein descnbed and authorized officer of the INTERNATIONAL FIDELITY I fVSURANCE COMPANY';that the seal affixed to
said Instrument Is the Corporate 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.
�(1A R e7G IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
P' at the City of Newark,New Jersey the day and year first above written.
O NOTARY
� PUBLIC
JERS� A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov.21,2010
1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power 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 of the whole of the said originals,and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF,I have hereunto set my hand this 1 S t day of October, 2008
—A !mfrAA9�
Assistant Secretary
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
State of California
County of San Mateo
On October 2,2008 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.
CHERINE WITNESS my hand and official seal. Commiaown#1802810
Notary POW-California
San Mateo County
�&\dkMy Comm.Ex ires Jun 21,2012
Signatur (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--a-7-0 I Signature: �—
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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 Caliifforrniia Corporation
Dennis O'Brien,President
OTH,(!� E i.
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Stephen al s as rustee of The Stephen and Grace I
Zales T
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Cles Sch rge j
Jams o art
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yAtempomy\pacheco op agmt.doc p
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OPERATING AGREEMENT o'040 ���
OF pat'hLeva
O'BRIEN AT PACHECO,LLC
THIS OPERATING AGREEMENT(the"Agreement")is made and ent ed into effective j
as of February 14,2005 (the"Effective Date"),by and among The OBrien 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, j
Zales, Schoenberger and Pollart are collectively referred to as the"Members"or individually as a
"Member".
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RECITALS
A. The Members desire to document their understandings, agreements,rights and
obligations as Members in O'Brien at Pacheco,LLC(the"Company").
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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 f �pa�A�,►4f
hundred twenty-six single-family homes,which will be constructed and sold by the Company
(the "Project").
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C. The Partners desire to form the Company to acquire and develop the Project.
AGREEMENT
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IN CONSIDERATION OF the terns 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 O'Brien at Pacheco, 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.
4.2 Purpose.
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The purpose of the Company shall be to acquire and develop the Project.
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y:Vempomrylpacheco op agmt.dac
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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 j
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 duly elected to serve as officers of the
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
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
CARYN KALI Treasurer
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DENNIS O'BRIEN,Director
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GLORIA O'BRIEN,Director
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