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;
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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
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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)
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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.