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RESOLUTIONS - 01012003 - 2003-589
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 Final Map and Subdivision Agreement for Subdivision 8703,being developed by(ABG at Bay Point,LLC,Bay Point area. (District Y) The following documents were presented for Board approval this date: L Map The final map of Subdivision 8703, property located in the Bay Point area, Supervisorial District Y, said map having been certified by the proper officials. II. 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: Chris Lau(313-2293) CL:cw 0:1Grpl)atalEngSvc\BO\200311"7-03\SUB 8703 BO-21.dnc O�iI��E 0 00 CV Public works m T.Bell,Construction ATTESTED: f c:,nrent Planning,Conammity Development JOHN SWEETEN'Clerk of the Board of Supervisors and County T—7-07-04 • OBO at Bay Point;LLC Administrator Eric Keller 2001 Winward Way,Suite 200 San Mateo,CA 94404 Arch Insurance Company By Deputy Stephen Childs 7470 M Figueroa Street Los Angeles,CA 90041 RESOLUTION NO.2003! 589 0649-9665 / 831000: G1120772, $37,640.00, RA1137 E. Branch Pkwy@Middle school Windemere Phase IV, Rd Acceptance Plan Review Deposit, Windemere BLC, LCC, 3130 Crow Canyon PI #310, San Ramon, Ca. 94583 0649-9665 / 831000: G1120773, $203,345. SUB 8577 Major Sub Inspection Deposit, Hofmann Land Development Co., 1380 Galaxy Wy, Concord, Co. 94520 0649-9665 / 831000: G1120774, 48,000.00, SUB 8578 Major Sub Inspection Deposit, Hofmann Land Development Co., 1380 Galaxy Wy, Concord, Co. 94520 0649-96651831000: G1120775, $83,550.50, SUB 8579 Major Sub Inspection Deposit, _ . Hofmann Land Development Co., 1380 Galaxy Wy, Concord, Ca. 94520 0649-9665 / 831000: G1120776, $500.00, Rec. of Survey Deposit R52828, Samuel B & Linda L. Lee, 4 Austin Ct., Orinda, Ca. 94563 0649-9665 / 831000: G1120777, $500.00, Rec. of Survey Deposit RS2829, Bud Laverne Simmons, 3859 Joan Ave., Concord, Ca. 94521 0649-96651 831000: G1120778, $500.0O, 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, Ca. 94595 819800-0800: G1120780, $17,200.00, ,SUB 8703 Performance Cash Bond, OBG AT Bay Point, LLC, 2001 Winward Wy, Ste. 200, San Mateo, Ca. 94404 0649-9665 / 831000: G1120780, $80.927.00, Major Sub Inspection Deposit, OBG At Bay Point, LLC, 2001 Winward Wy, Ste. 200, San Mateo, Co. 94404 0649-9665 / 831000. G1120782, $20,000.00, SUB 8306 task (72) Pian Review, Shapeli Industries of No. California, 100 N. Milpitas Blvd., P.C . Bax 361169,-Milpitas, Ca. 95035 0682-9752 / 819200: G1120784, $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 0672-97551 r Subdivision: SUB 8703 Bond No.: SU5002918 Premium (2 years): $25,551.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8703 , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: OBG at Ba oint LLC .._._ as principal and Arch Insurance ComQany , a corporation organized and existing under the laws of the State of Missouri and authorized to transact surety business in California,as surety,herebyjointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Million Seven Hundred Three Thousand Four Hundred and 001100 Dollars(S 1303,400.00 _ _)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Eight HundredSixt Thousand Three Hundred and 00/100 Dollars ($ 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,,ron 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 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 bind,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 further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound 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: LQs Auttles Zip: 90041 By: The O'Brien Groin, a California Corp. By: Its Managingember t am Print Name: U40 Caryn Kali Print e: Stephen M, Childs Title: Chief financial Officer Title: Attorney-in-Pact 3D:mw:7app G.\GrpDeta\EngSvc\Fomz\BN WORMBN-Ildoc Rev.November 28,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OP'T'IONAL SECTION County off CAPACITY CLAIMED BY SIGNER A On ,0 3 :,—before me, v Though statute does not require the Notary to flit In DATE } NAME,TITLE OF CER E.G;"JANE DOH,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared IG2!La , persona relying on the document NAME(S)OF SIGNER(S) 0 INDIVIDUAL 0 personalty known to me-OR-0 proved to me on the basis of satisfactory evidence to CORPOKA OFFICER(S) be the person(s)whose name(s)is/are C=TOTITLE(S) - subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED CATHY L.AMATO t the same in his/her/their authorized 0 GENERAL r COMM.N134U23 M capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT Notary Pubilo-California las signature(s)on the instrument the person(s)or 0 TRUSTEE(S) W SAN MATED COUNTY =+ the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR N/CONSERVATOR My Comm.Exp.Feb 27,208i acted cuted the instrument. [7 OTHER: S my ban rid o iat s 1, SIGNER IS REPRESENTING: i NAME OF PERSONS)OR ENTITY(MS)I I OF TARY 0 acknowledged to me that such corporation executed the withi stru hent pursuant to its by-liws or a resolution of its Board of Directors OPTIONAL SECTION TRIS 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 IoW,it may prove valuable Date of Dooument to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above( � (34,lets re-attachment of this form INSTRUCTIONS-TOINKRUMONS-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 SIGNAIMS_-The name and interest of the signer should be typed or printed BATH the signature. The name must bbesign�xacttly as it is typed or printed. II. SIGEATMS pR�_INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must besta— ted. III. SIG RES FQR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for an in tTie partnership. IV. SLGNAn=S F R QQRPQRATIQNS Documents shouTdbe signs y two officers,one from each of the following two groups: GROUP 1. Naair of the Board ((b))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C) The Chief Financial Officer 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 it resolution of its Board of Directors." JC-,mw ilPws4t5rIARDATAtCnpDUatEngSvc\Form\WORD FORMSIALL PURPOSE NOTARY.doc Rev:May 3;15951 State of California County of Los Anggles On SEP 0 4 200 before me, Re,,`na Ran el Nva PM44 NAME,TITLE OF OFFICER personally appeared S Ohen M. 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 € EGINA RANGEL signature(s) on the instrument the person(s),or the entity COMM,#1���"69 M upon behalf of which the person(s) acted, executed the w � tcs � s ccs??gin` 2006 instrument. y tzmttt.exp. f�sil, ¢a, WI S my hand and o seal. (SIGNATURE OFAOTAW 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 farm. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT �} INDIVIDUAL BOND(S) © CORPORATE OFFICER 'I=OR TYPE OF DOCUMENT TTLE(S) ..___________ ❑ PARTNER(S) LIMITED NUMBER OR PAGES GENERAL r ATFOR.NEY-IN-FACT C TRUSTEES) GUARDIAN/CONSERVATOR C� OTHER: DATE OF DOCUMENT SIGNER.IS REPRESENTING. NAME OF PERSON(S)OR ENTITY(IES) A=h Ins cc Qmpmy SIGNER OTHER THAN NAME ABOVE POWER OF ATTORNEY Know Ap 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, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. - This aut xx*does not permit the same obligation to be split into two or more bonds In order to !ring each such bond within the dollar limit of authority as set forth heroin. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the sold Company as fully and amply to all intents and purposes,as if ttie same had'beeri duty executed and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on Mauch 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That the Chairman of the Board, the President,or any Vice President or their appointees designated in writing and filled with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-kr-fact„ and to authorize them to execute on behalf of the Company, and attach the seas of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.* This Power of Attorney is signecl, 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 Mauch 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretarry, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to Mich It Is atteched,shaff continue to be valid and binding upon the Company. OOML0013 00 03 03 Page I 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.this9th day of Mav 2013_. Arch insurance Company Attested and CoMftd .ono�.n 1 W Miu�d Joseph Sr ,Corporate Secretary Thomas P.Luckstaone.Vice President STATS OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa S.Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstoner and Joseph S.labell personalty known to me to be the some 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, subscribed to the foregoing Instrument„ appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the sold instrument as the free and voluntary aq of sold corporation and as their awn free and voluntary acts for the uses and purposes therekt ayeff". .a d1 '16"PW* C+snnisNon 28,20QS Mal irI gen,Notary Public My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labatt, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 9.200 on behalf of the person{s}as listed above is a true and correct copy and that the same has been In full forge and effect since the date thereof and is In full force and effect on the date of thiscertificate; and I do further certify that the sold Thomas P.Luck3tom,who executed the Dower of Attorney as Vice President,was on the data of execution of the attached Power of Attorney the duly elected Vice 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 r A 2093 •20 V Joseph S lig Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specificaRy named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. n Ii�aw1 Home Office:Kansas City, MO 041M10013 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 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("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 OBG at Day 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..(s tpipg 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. i AGREEMENT IN CONSIDERATION OF the terms and conditions contained herein,the Members agree as follows: f 1. FORMATION OF LIMITED LIABILITY COMPANY 1.1 Nance 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 OBG 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 lwfi-A0W t=V► 0P av*l.&r l IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. MANAGER: The O'Brien Group,a California Corporation By: ennis O'Brien,President OT,7ERS: Steph esW Trustee of The Stephen and Grace Zale t arl o b J Po art C-\Win&W$\tmV\0P A ti.&C 28 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 duly elected to serve as officers of the corporation for the ensuing year or until such time as their successors should be elected: NAME OFFICE DENNIS O'BRIEN President GLORIA O'BRIEN Vice-President STEPHEN J. ZALES Vice-President CHARLES K. SCHOENBERGER Vice-President LARISSA ABELING Vice-President JAMES PGLLART Vice-President GLORIA O'BRIEN Secretary PENNY TAYLOR Assistant Secretary CARYIj KALI Treasurer DENNIS O'BRIEN,Director GLORIA O'BRIEN, Director 2 1tES0LUTI 1, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, 4o 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. Signature: Dennis O'Brien RESOLUTION ION .r 1, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a tree and correct copy of a Resolution passed by the Board of Directors of THE OIBRMN 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: -p 1 Signature: 9118/03 FATCO$27 87033 Tax Collector's Office VII€#am J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 �"` Russel€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: 9/1812003 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# Cq 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 heretOTore 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 ding with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasu r-Tax Collector By: 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: SU5002918 Date: September 4, 2003 Performance Amount: $1,703,400 Labor&Materials Amount: $860,300 Principal: OBG at Bay Point, LLC III. 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. RESOLU'T'ION NO. 200.3/589 OBC at Bay Point, LIC a Calif. Limited Liabiltiy C By: The O'Brien Croup, a Calif WesPollal�, p. , Its Managing Member SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision. SUES 8703 Principal: JaVPEffective Date: 5eplem6ele- /4, dooa.3 Completion Peri1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA.COSTA COUNTY PRINCIPAL Maurice M. Shiu.Public Works Director By: spa " `�y (Signature) (Prim name Er.title) RECOMMENDED FOR APPROVAL By: (Signature) inee rvicesDivi sion (Print name title) F&M APPRO D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated.signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. EfTective on the above date,the County of Contra Costa.California,hereinafter called"COUnt "and the above-mentioned Principalmutually promise and agree as 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 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). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from 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 govern. 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. for Performance and Guarantee: S 17.200.00 cash,plus additional security,in the amount:$ 1.703.400.00 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. _,_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security.Principal guarantees perfonrianee under this agreement and maintenance of thj work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavinent: Security in the amount:S 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 ®, 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 thein or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shalt 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 the County road system. 5. 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 establishment 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 the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If.at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect.Principal shall make whatever changes necessary to the plans to accomplish the work as promised. T NO WAIVER BY COUNTY. Inspection of the work and/or materials.or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments.therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed:nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of 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 proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal.contractor.subcontractor.or any officer.agent.or employee of one or more of them: D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared.supplied.or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters.or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9, COSTS: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. H. NON-PERFORMANCE AND COSTS: if Principal fails to complete the 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 County. even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in mnpleting 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 the 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. The provisions ofparagraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph SA 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 for said subdivision. RUDAad GAGrpD*1a\EnyS16F0rn1s\AG WORMAG30 doe Rev.Utibber 25.2001. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of r+ a- CAPACITY CLAIMED BY SIGNER Can � j+►� 1! before me, X Though statute does not require the Notary to fill in DAT NAME TLs C51t B.G.,")Arta DOs,NOTARY PUBLIC" the data below,doing so may prove invaluable to .•-" / �,! persons relying on the document. personally appeared Gr/Yld+'J _„j`"', o +�ta►i/" ,� NAME(S)OF SIGNER(S) ❑ i]VDIVI UAL cE'personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to � COIP O,ATE O r ER(S be the person(s)whose name(s)is/m*- ` subscribed to the within instrument and rtz't (s) acknowledged to me that he! executed CATHY L.AM g ❑ PARTNER(S) ❑ LIMITED COMM.#134tti23 the same in hislheer4ireir authorized C1 GENERAL vy Notary Public-C-Mbrrdw 1Tt capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT W SJ1Fi INATEO I� Ll�signatures)on the instrument the person(s)or ❑ ATTORTRUSTE(S) the entity upon behalf of which the persons) . �, 'MY ' acttd seated the instrument ❑ OTHRDIANlCONSERVATOR ESS y ban o tial s 1, SIGNER IS REPRESENTING: io I NAME OF PEPs)O PfY(ffi5)) ,r A NOTARY ❑ acknowledged to me that such corporation executed the wi stru t pursuant to its by-laws or a resolution of its Board of Directors 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 TC}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 O name must RimL5LQ _ j=S -The name and interest of the signer should be typed or printed BENEATH the signature. The be gn exactly as it is typed or printed. H. SIQNATkMS FOR IND UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIG TURES FOR PARTNEERXS - Signing party must be either a general partner or be authorized in writing to have the authority to signor anc6in a partners ip. IV. SIGNAn=S,tOR CORPORATIONS Documents sfh2oulbs fined by two officers,one from each of the following two groups: GROUP 2. a The Chair of the Board The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secre C The Chief Financial fficer 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. \\PWS4\SHARDATA\GrpData\EngSw\FormSWORD FORMS\ALL PURPOSE NOTARYAoe Roy,May 3,1949 l Ift . lilt ilk INVN h , I 'l llk"ll'i 11 Ill . I I CO unr oit a L k a 0 t ... 9 1 4 (A zY #a . . lilt lilt kb �- w I L i Hit tilt HIM 01 f Ilk It k k th till kmII s ! 4 1 a .% t t % � Y ♦ a % a X a a t X X ♦ t t X x X ! � � f c X .'1 x X .Y �1 X X i.X 1 iiiAAA►►► { a I` f 1� i fX ♦ ` 1 1 ♦ _ S x X A'if x 1 a X Y s Y NMI, MINX %w a a x MEESE X % % ! x , F i{ i M - i �y+e #A t! ♦ X � x X W X 1 i x x x ' x X X i s . ♦ X x '+ x 4 X � � ! €• \r€mss... � � � � * ♦ a� F f a 1 � � X X x,X ♦ x X X y,,fj x ` Y X •. ORION�������� �, X Oil X a ♦ F X { nd F I"" R Z uo kkkkVI : IESIII 1, Jill all 47Vv2af SSV& 14077/M 2az rx� W I till �I W .UAPAV VJAW Vj4% w { I Z i I*zz iAY K�n % v'r ,�,;---- t}��r lye � irglcap E�iW a CR onv $CR � .._;i06 �I�� i �• wvmr wlice $ . 14 31)N v7/� v anasasr C!N l l g ti, a�+w w n cw err fi ; ! 1.r (� 7.vrusr a xtca+v � fq `. tt� s �s X M'f k,YYyi17 gg _ 11/"N�rt�PC1Y1 yaix*S.W G7'NJCtiR 1 53M r f • i MEN mum s ` t f NOUN Im VAMM EX LANATION, TOTAL t t '• � � rt r'r Tramurees receipt of f v .tr r •� • s .. <ornount is oppmved. tk .•`_ - _ _ .,, , .,...6.. it :.L r Deputy COUNTY OF CONTRA COSTA . DEPOSIT PERMIT � OFFICE OF.COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER Lzh 11,4 (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUNDfCiRCx CCf TASK OPTION ACTIVITY AMOUNT ` :" irt� ! I I fill 11 till 11 11 11 fill 11 . G " r ! { ! t ! f t t i ! EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists sof the foRowirg items COIN URRENCY $ CHECKS,M.O,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT DP—#—/ PERMIT NUMBER DATE / � ASSIGNED The amount of money described above is for T 's re f t Receipt of above amount is hereby deposit into the County Treasury. ac(rnaw Title: ,?f,F,,9 / " EXT.` =sr- ' �: County Auditor Signed- Title: Deputy Y Deputy C;ocmty Treawr�r D-34 REV.(7-93)