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HomeMy WebLinkAboutMINUTES - 02072006 - C.13 (2) STEPHEN COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2006_0042302-00 Board of Supervisors Return to: Wednesday, FEB 08, 2006 15:21:02 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003114132 lrc/R9/1-14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 7, 2006 by the following vote: AWES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None — --- -- - -- RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements, Subdivision 02-08703, Bay Point area. (District V) These improvements are approximately located at Nantucket Cove. The Public Works Director has notified this Board that the improvements in Subdivision 02- 08703 have been completed as provided in the Subdivision Agreement with OBG at Bay Point LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between OBG at Bay Point, LLC and the County for construction of certain improvements in Subdivision 02-08703,in the Bay Point area, through October 7, 2006; LB:rm G:\GrpData\EngSvc\BO\2006\02-07\SD 02-08703 B045.doc Originator: Public Works(BS) I hereby certify that this is a true and correct copy of an Contact:S.Gospodchikov(313-2316) Recording to be completed by COB action taken and entered on the minutes of the Board of I.D.87-0689375 cc: Public Works T.Bell,Construction Div. Supervisors on the date shown. P.Tehaney,M&T Lab Finch,Maintenance Div. 1. -I.Bergeron,Mapping Div, ATTESTED: � ru air OT' �GO"��•o L.Breen,Engineering Svcs. Sheriff-Patrol Div.Commander JOHN SWEETEN, Clerk o e Board of Supervisors and CHP,coo Al County Administrator CSAA—Cartog OBG at Bay Point LLC Nantucket Cove 2001 Winward Way,Suite 200 San Mateo,CA 94404 By , Deputy Arch Insurance Company 135 N.Los Robles,Suite 825 Pasadena,CA 91101 Attn:Bryan D.Martin RESOLUTION NO.2006/ ' SUBJECT: Accepting completion of improvements, Subdivision 02-08703, Bay Point area. (District V) DATE: February 7, 2006 PAGE: 2 ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ REASON FOR EXTENSION: Public improvements require a one-year warranty period. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of February 7, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY October 7, 2003 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$860,300.00, Bond No. SU5002918 issued by the above surety be RETAINED for the six month lien guarantee period until June 24,2006, 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$17,200.00 cash deposit(Auditor's Deposit Permit No.411948,dated September 10,2003)made by OBG at Bay Point LLC and the performance/maintenance surety for$199,400.00, Bond Rider No. SU5002918 issued by Arch Insurance Company, dated January 10, 2006, be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/, DECREASE RIDER To be attached to and form part of Bond Number SUS002918 (Performance Bond) effective September 4 2003 issued by the Arch Insurance Company in the amount of One Million Seven Hundred Three Thousand Four Hundred and 00/100 - - - - - - - - - - - - - - - - - -DOLLARS ($ 1,703,400.00 ), on behalf of OBG @ Baypoint, LLC , as Principal and in favor of County of Contra Costa as Obligee. Now therefore, it is agreed that: We, Arch Insurance Company , Surety on the above bond,hereby stipulate and agree that from and after the effective date FROM: One Million Seven Hundred Three Thousand Four Hundred ($ 1,703,400.00 ) TO: One Hundred Ninety Nine Thousand Four Hundred and 00/100 ($ 199,400.00 ) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 20th Day of December 2005 Signed, Sealed and Dated this 10th Day of January 2006 OBG @ Baypoint, LLC (Principal) B Arch Insurance Company r (Surety), . By: Erin Bautista, Attorney-ln-Fact S-2127/GEEF 2/98 California All Purpose Acknowledgment State of California County of San Mateo On January 10, 2006 before me, Jean L. Neu, Notary Public Date Name&Title of Officer/Notary personally appeared Erin Bautista Names(s) of Signers(s) personally known to me 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. WITNESS my hand and official seal. kA-H!L�Neu r�A�cornnlllllon•1626528 I(', Notary P.Oft •001110"40 _ ban Mown,county My Comm.gq*w 21 Notary Public ------ --------------------------=--OPT/ONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) hAdocs\surety\forms\notary.doc #nscat sc €,u�i yr�;to1N " 4z, "� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On Tanuary 12,2006 before me, Frances Gould DATE NAME&TITLE NOTARY PUBLIC personally appeared, Caryn E.Kali personally known to me 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. .WITNESS my hand and official seal. FRANCES6otAD CWrMW$10n#E 1 W"77 L @ N0kXV Public•CoWft Son M01e0 Ccu rdV MVComm.Expire:.Mn 10. NOTARY PUB IC SI NATURE (SEAL) ��..w.�.:.. T l.��t��„'}}�3.��t��� ,Sri#i+� O�.544{)lflu'°'�;J� .;ihti7! 4 1dli7ff� � �'.����. . i�i/u�tC;b.�t`^��C}�S!it�l7f'. '� .�r"�,t' . 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 Bryan D. Martin, Jody A. Johnson, Jean L. Neu and Erin Bautista of Redwood City, 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 authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond ,within the dollar limit of authority as set forth herein. 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 said 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 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 March 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 filed with.the Secretary, or the Secretary shall have the power and authority to appoint agents and 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, 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 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 filed 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 Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 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`heir authorized officers, this 21st day of May 2004 Arch Insurance Company Attested and Certified cwrance Qo �a CORPORATE V SEAL 1971 1? / Niuouri G Joseph S. L 1, Corporate Secretary Thomas P. Luckstone, Vice President STATE OF.CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone 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 rch-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 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. OFFICIAL.SEAL � MELISSA B.GH-LIGAN,Notary Pubk State ofConnedialt Melissa B. Gilligan, Notary Public . My Commission Expires February 28,2005 My commission expires 2-28-05 CERTIFICATION 1, Joseph S.1abell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of .Attorney dated May 21 2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full 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 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 loth day of January ' 2006 Joseph S ell, 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. �tonce t' �3 p ♦ 7j .�" CORPOMTE 'O SEAL ._ .. 1971 Yiuoud Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. Contra Costa County SUBDIVISION.AGREEMENT EXTENSION Development Number: Subdivsion 02-08703 Developer: OBG at Baypoint,L.L.C. Original Agreement Date: October 7,2003 . Second Extension New Termination Date: October 7,2006 Improvement Security Security Type Security Amount Cash: $ 17,200.00 (1% cash, $1,000 Min.) Bond: $ 199,400.00 (Performance) $860,300.00 (Labor&Material) Bond No. (Date): SU5002918 (September 4,2003) Surety: Arch Insurance Company The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: Date Developer's gn ure(s) FOR CONTRA COSTA CO�rks NEVA, f p �- Maurice M. Shiu;Publics W Printed �� , ,h, �U� By: � Developer's ignature(s) (Ao, E.kal RECOM7zw- ED FOR APPROVAL: Printed 00, By. (Engineering Servi es Division) Address Arch Insurance Company Surety or Financial Institution 135 N. Los Robles, Suite 825 Address P adena, A 91101 (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized.) By: Attorney in Fact ignature After Approval Return to Clerk of the Board Bryan D. Martin FORNAPNOVED: Victor J,Vesiman Couniv Counsel Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of�Jl OPTIONAL SECTION County of!! Qt t3 &1 e- CAPACITY CLAIMED BY SIGNER On_1A `13-65,beforeme,Fr>a no'ES GrnLI� Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove Invaluable to persons relying on the document. personally appeared 'SG NAMES) FSIGNER(S) ❑ ❑ INDIVIDUAL ❑6d personally known to mc-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(whose name(s)Wan-subscribed TITLE(S) FRANCES COULD to the within instrument and acknowledged to 4mVCcm.Expk9sJun10. Commission#1586477 me that he/sfiekherexecuted the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his/her/i1TMmuthorized capacity(ies),and that by ❑ ❑ GENERAL NO1Gry PutJNC'COf11lO his/hertttfeir signature )on the instrument the� ❑ ❑ ATTORNEY-IN-FACT San Mc teo COUrNy person )or the entity upon behalf ofwhich the person)acted,executed the instrument. ❑ ❑ TRUSTEE(S) r ❑ ❑ GUARDIAN/CONSERVATOR ITNESS my hand d officials t, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNAT F NOTARY (NAME OF PERSON(S)OR ENTITY(IES)) ❑O acknowledged to me that such corporation executed the within instrument 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 adjacent data 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 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 PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the 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." CCl�udr.( # r irtr a.,, 1�$flat rrttt� t 1';' e yl i` y1 _. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On Tanuary 12,2006 before me, Frances Gould 'y�N� �DATE NAME&TITLELICARY PUBLIC personally appeared, Caryn E.Kali personally known to me 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. WITNESS m hand and official seal. - — FRANCES G--� ComM"On#E J5416477 tan Mateo County County o — "fCamn.Exptm jun 10, "IMARY PUBLI IGNATURE (SEAL) qMJ@ 2i-"MAW", , f� % m a ¥ckfgYUMA California All Purpose Acknowledgment State of California County of San.Mateo On December 21, 2005 before me, Jean L. Neu, Notary Public Date Name&Title of officer/Notary personally appeared Bryan D. Martin Nomes(s) of Signers(s) personally known to me to be the person whose name is subscribed .to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. � . JEAN L.NEU Commission#1332209 Iz Notary Public-Celifomia San Mateo County My Comm.Expires Dec 21,2005 Notary Public ---�-i- ---------OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s)- h Adocs\surety\forms\notary.doc 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 Bryan D. Martin, Jody A. Johnson, Jean L. Neu and Erin Bautista of Redwood City, 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 authority does not permit .the.same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. 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 said 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 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 March 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, orAheir appointees designated in writing and filed with the Secretary, or the Secretary shall have.the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal 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 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 filed 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 attomey 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 which it is attached, shall continue to be valid and binding upon the Company. OOML0013 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 21st day of May 2004 Arch Insurance Company Attested and Certified gv�ance C o O CORPORATE U SEAL 1971 �. / Nlssouri > Joseph S. Lzbgl, Corporate Secretary Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFiELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone 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, subscribed 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. OFFICIAL.SEAL � MELISSA B.GUCAN,Notary R&c State of on Expires Fe rd Melissa B. Gilligan, Notary Public My Commission Expires February 28,2005 My commission expires 2-28-05 CERTIFICATION ' I, Joseph S. Labell, Corporate Secretary of the.Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 21, 2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full 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 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 21st day of December . 20 05 Joseph S ell, 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. VT�ce C O� O CORPORATE �'O - - .. SEAL liuouA Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.