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HomeMy WebLinkAboutReso 177-05 SilveraRchTr7539 RESOLUTION NO. 177 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * . . * ~ * . * « APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT 7539, PHASE IT - SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INe.) WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of Tassajara Road (fonnerly County Road 2568), were annexed to the City of Dublin and to the Dublin San Ramon Services District via Local Agency Fonnation Cot11ITÙssion (LAFCQ) Resolution No. 2003-01-A on January 9, 2003 (recorded on May 5, 2003, in Book 264 of Maps at Page 34); and WHEREAS, the Final Map for Tract 7539, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with provisions ofthe Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the City of Dublin Planning Cot11ITÙssion adopted Resolution No. 03-48 on September 23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441 (including Phase II, being filed as Tract 7539), subject to Conditions of Approval regarding required on- site/off-site improvements (P A 02-024); and WHEREAS, pfeiffer Ranch Investors II, Inc., has executed and filed with the City of Dublin an Improvement Agreement to install on-site improvements within the said Tract in accordance with the Planning Commission Resolution, and in confonnance with the improvement plans and the specifications attached thereto; and WHEREAS, said Improvement Agreement is secured by a bond in the amount of$991,417 (Bond No. 720100S) issued by Developers Surety and Indemnity Company, conditioned upon faithful performance of said Agreement; and WHEREAS, said Improvement Agreement is secured by a bond in the amount of$991,417 (Bond No. 720100S) issued by Developers Surety and Indemnity Company, conditioned upon payment for labor performed or material furnished under the tenns of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Improvement Agreement in duplicate, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that the Final Map of Tract 7539 is hereby approved; and that rights to the areas marked as Rocking Horse Court, Public Service Easement (P.S.E.), and Emergency Vehicle Access Easement (E.VAE.), offered for dedication to the public in confonnity with the tenns of dedication, are hereby accepted subject to improvement; and that the Clerk of this City Council is hereby directed to transmit said map to the County Recorder for filing. Page I 0[2 G:\CC.MTGS\2.U05-1.(tr3\Seot\09-20-0~\res() 177-0S fin tr 75~9 lIil'Veta.doc (Hem 4.9) PASSED, APPROVED AND ADOPTED this 20th day of September, 2005. A YES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None A TrEST: .á\\J1^,~ . ~ ~ Fawn Holman, City Clerk Page 2 00 U:\CC_MTGS\'ln05-Q1r3\Sevf.\()4:J-20-0~\reso 117-OS fin tr 7539 ¡;ilwra.doc (Item 4,9) CITY OF DUBLIN IMPROVEMENT AGREEMENT IMPROVEMENTS FOR TRACT 7539, PHASE 11- SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.) This agreement is made and entered into this 20th day of September, 2005, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Pfeiffer Ranch Investors II, Inc. (hereinafter referred to as "DEVELOPER"). RECITALS WHEREAS. it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider. desires to improve and dedicate certain public improvements (hereafter "The Improvements") shown on Tract 7539, in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution No. 03-48 (PA 02-024), adopted on September 23. 2003, and City Council Resolution No. 207-03 adopted on October 21, 2003; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by the City Engineer on August 15, 2005, as follows: · "lmDrovement Plans. Tract 7539 - Silvera Ranch {Phase /I).Citv of Dublin. Alameda Countv. California" ( 13 Sheets: 1-13), prepared by Ruggeri-Jensen-Azar & Associates. · "Joint Trench ImDrovement Plans, Tract 7539. Silvera Ranch. Phase II" (20 Sheets: 1- 20) prepared by UDI-Tetrad Consulting Engineers, Inc. · "Landscape Improvement Plans for Tract 7539 - Silvera Ranch. Phase /I .Citv of Dublin, California" (20 Sheets: LO.O - L4.7) prepared by Rose Associates Landscape Architects, Inc. Said plans are now on file in the office of the City Engineer, and are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, CITY has determined that The Improvements are a public works project subject to California prevailing wage requirements; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 1. Completion Time. . IMPROVEMENT AGREEMENT G:IDEVELOPlSllvera RanchlTract 7539 - Phase 2\lmprovement Agreement_ Phase II.DOC paga 1 of 10 July 11,2005 DEVELOPER will commence construction of The Improvements within ninety (90) days following the date on which CITY executes this Agreement. DEVELOPER shall complete such Improvements no later than two years following execution of this agreement or not later than September 20,2007. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be Nine Hundred Ninety One Thousand, FourHundred and Seventeen and 001100 Dollars ($991,417.00). Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Section 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. b. . Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. Section 4. Insurance Reauired. .... .. _.""._n_.__._.,.._'''___.._...._.....__ ..........-.-".--..-. Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance IMPROVEMENT AGREEMENT G;\DEVELOP\Silvera Ranch\Tract 7539 . Phase 2\lmprovement Agreemenc Phase II.DOC Page 2 of 10 July 11, 2005 DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (iii) Workers' Compensation insurance as required by the Labor Code of the State of Califomia and Employers Liability Insurance. b. Minimum Limits of insurance. OWNER shall maintain limits no less than: (i) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. if commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Employers Liabilitv: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,000 per accident. c. Oeductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (i) General Liabilitv and Automobile Liabilitv Coveraaes. IMPROVEMENT AGREEMENT Page 3 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet FileS\OL.KD\lmprovement Agr99menC Phase II.DOC July 1 1. 2005 (a) (b) (c) (d) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (ii) Workers' Compensation and Emplovers liabilitv Coveraae. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. (iii) All Coveraoes. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (a) Acceptabilitvof Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Coveraoe. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received IMPROVEMENT AGREEMENT Page 4 of 10 C:\Documents and Senlngs\dale garren\Looal Settings\Ternporary Internet FileS\OL.KD\lrnprovement Agreement~ Phase II.DOC July 11. 2005 and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Section 5. Work Periormance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one~ year guarantee period, and have been corrected, the guarantee period shall automatically be extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. Section 6. Inspection of the Work. IMPROVEMENT AGREEMENT Page 5 of 10 C:\Documants and Sanlngs\dala garren\Local 8Bttings\Temporary Internet Files\OLKD\lmprovement Agraamant_ Phase ILDOC July 11,2005 DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representatives for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Aqreement Assiqnment. DEVELOPER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably withheld. Section 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER 'scontractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor. Section 9. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. IMPROVEMENT AGREEMENT Page 6 of 10 C:\Doc::uments and Settings\dale garmn\Local Sattlngs\Temporary Intemet Files\OLKD\lmprovement AgreemenL Phase II.DOe July 11. 2005 Notices required to be given to CITY shall be addressed as follows: Melissa Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Plnn Brothers Construction, Inc. Attention: Alan R. Pinn (Contact Name), President (Title) 1475 Saratoga Avenue, Suite 250 San Jose, CA 95129 Notices required to be given surety of DEVELOPER shall be addressed as follows: Company Name: Pinn Brothers Construction, Inc. Attention: Alan R. Pinn, President Street Address: 1475 Saratoga Avenue, Suite 250 City: San Jose, State: Califronia, Zip Code: 95129 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Alameda County. Section 10. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the project site shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. Section 11. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, IMPROVEMENT AGREEMENT Page 7 of 10 C:\Documants and Sartlngs\dale garren\Local Settings\Temporary Intemet Files\OLKD\lmprovemant AgreemenL Phasé II.DOC July 11 . 2005 regulatory signs, warning lights, and other safety devices adjacent to and on the site of The Improvements as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. Section 12. Acceptance of Work and Riaht-of-Wav. Upon notice of the completion of The Improvements and the delivery of a set of final as- built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or designated agents of such acceptance subject to Section 5 above. If not previously dedicated on the final map for Tract 7539, DEVELOPER shall dedicate to CITY by separate instrument any right of way and easements deemed necessary by the City Engineer for the acceptance and maintenance of The Improvements, and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance easement dedications. . Section 13. Patent and Copvriqht Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly re9istered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 14. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are apart of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. Section 15. Liabilitv. a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will be perlormed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every IMPROVEMENT AGREEMENT Page 8 of 10 C:IDocuments and SoUlngsldale garrenlLocal SettingslTomporary Internet FllaslOLKDllmprovamant AgreemenL Phase II.DOC July 11, 2005 kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: (i) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance polîcies described in Paragraph 3 hereof. (ii) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph; regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Desian Defect. If, in the opinion ofthe CITY, a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the Improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, OWNER shall, upon order by the CITY, correct said design defect at OWNER's sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. c. Litiaation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under Section 3. Section 16. Indemnification and Waiver. DEVELOPER shall defend CITY, its officers, employees and officials, against any claims or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or DEVELOPER in connection with,or on account of, DEVELOPER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. IMPROVEMENT AGREEMENT Pege 90t 10 C:\Documents and Settlngs\dale garran\Local Settlngs\Temporary Internet Files\OLKD\lmprovement AgreemenL Phase II.DOC July 11,2005 Section 17. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN: By: Jan DEVELOPER: Pfeiffer Ranch Investors II, Inc. Date: ockhart, Mayor qbf~) (þL/f -- By: ATTEST: BY:¿~~(ity~. J F1Uu\l\ 1J¡o................. Date: q l ?-".¡ (¡ < A LA-t-J K. ~ ri"VI Typed or Printed Name Title tfs '1 W- ftb I , Date Yres'¡Oe-Wt IMPROVEMENT AGREEMENT page 10 of 10 C:\Documents and Settings\dale garren\Local Settlngs\Temporary Internet Files\OLKD\lmprovement Agreement_ Phase ILDOC July 1', 20Q5 CALIFORNIA AL.L.PURPOSE ACKNOWLEDGMENT r "2:t:.(~=ß(,"~'\Wi~.f.A'<:;-<.'"kYq~K{~¡=;<:;&,..:Þ.¢.&"~g~i'.......t{%"W~~~...f-Y;5Pbf"'"~~~..5:¢,.P.¢..§('-..A:~t' 1(1 ~ ;¡; State of California {} ¡{ " ~ t S CiavZL ss B, ¡; County of _.n__.4~..,!,:! ~, ~,:.~.~".:,.. On -r. / I s:. {.!?,',....~. Abef~~e me, Q Rom, eo)J, (c:¡ ~ -L-o I'i'.", ~~, per~ear~ ~ P,"'C::;;:'""O<Ii''''',',,'''''''D''. Nm'":'blIO') " , N;;¡mg(~)DI!;iI!ln9r(~1 ~ ~ Ii; ~ personally known to me i"" ~ [J proved to me on the basis of safisfactory ~í ~II evidence @ l~ ~ ~ ~ Ii:' ~.' I, ~ ~ ¡iIi I ~ ~ I ~ ~j ~ ~ ~ %.1 ,:¡, ~r.', I,' c] Individual ~ C] Corporate Officer - Title(s): __,..__. I D Partner - D Limited 0 General ~ D Attorney-in-Fact @ LJ Trustee ~ C Guardian or Conservator ~ U Other: __._~___.__.,_ ;1 I ~ ~ Signer Is Representing: ___...m'___'_~_."._ " ~ ~ ~-;'%g~~'g;.'9.>~'9<:>~'('~~~'ßÇ~~~y';"~~~~~~"§o;;...~~.:t ~- -~~".- "A'._~ _., ..~. -" .... C;~;;:i~~~~;';'~;~(~õ~ ;; ~~:'.' .. NoÜny ~'Wblic - C£ilifomia ~ Santa CJM8 County My Comm, Explr.. Jan 8, 2006 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/thair authorized capacity(ies), and that by his/her/their signatura(s) On the instrument the per.on(s), or the entity upon behalf ot which the per.on(s) acted, executed the instrument. S my hand anTff~' . . ,I(.,.~Æ/~ s..gn~jurg ctNIII.;Ir}' PubHc. -~-- OPTIONAL '(/)()ugh the informatiDn below is not reql,.Ji~çf by law, ir may prove valuaOl~ to pe/'$ons te/ylng On the documenf Elnd could prevent fraudulent r~mQv,fl1 ¡¡Jnçl reattachment of this form 10 anotMt document. Description of Attached Document Title or Type of Document: , Document Date: "","._",_. Numbero! Pages: _~_.____ Signer(s) Other Than Named Above: __ Capacity(ies) Claimed by Signer Signer's Name: . lop af1humbhere ç H)IjI!;I Nelll)r)Q1 No¡~r:f A~~~¡;itl!IIJ'I'. 9j~ú De SolD A'I~., P.O. !:lex ZoIC:!' Ch~j~,,¡jh, QA 1;11 ~1 ~~40::>· W"""\',f19TIO~flll\(>tal)l(.>l" p¡{I(!, Nù,Sg07 RElol"Øar: C/lIIToll-Frll" 1.BCC,!l7~Hlil27 " ,I I 'I 'I '.1 ~ I , I , ~ ~ ~ " " ,I 'I ; g ~ I iJ'[þ(]@j InSclIJlI:C ~~ INSCO INSURANCE SERVICES, INC. Underwriting Manager tor: Developers Surety end Indemnity Company Indemnity Company of Callfomia 17780 Fitd1, Suite 200 'Irvino, Colllerni. 92814· (949)283.3300 SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND BOND NO. 7201008 PRIJMIUM INCLUDED IN PIJRFORMANCIJ BOND KNOW ALL MIiN BY TIIESE PRESENTS: That we Pfeiffer Ranch Investors II, Inc.. A Cellfomle Corporation ,us Principal, arid Devel~P8rs Surety and Indemnity Company , a çorporation ~ rganizcd and dûitlg hu:;.jncss under and by virtue of the laws. of" the State of Iowa ,~and duly licensed to conduct a g¡;ncral surety bu.sin~5B in the State of California as SUI'et.y, !lrC held and tlrr"nly bound unto the CIty of Dublin as Obligee, in the penal SUln of Nine Hundred Ninety On. :Thousend, Four Hu~~~.d end Sevent..n and 00/100 ($ 991,417.00 ) DOLLARS, fo!' wl1içh payment, w~l1 and truly to he made, we. bind ourselves. our heÎrs, e.xecutors and SllcceSSuts, jointly and ~evcrally finnly hy ~he/Ìe pre!>eI1l,,!;, lliE CONDITION OF llilJ OBLIGATION IS SUCH lliA T: Whe.rea~. the abov~-named PrincipaL ha:;; entered into an agre~me:nt which is made a part of thi~ bond, with the City af Dublin .~, State ofCalifmnia, as Obliget:, ror the designated pubJic impmvemt:nt!) iTl the subdivi¡.;ion identified as Improvements for Tract 7539. Silvera Ranch, Phase II , as required by the Govcrnmellt Code of California, Whereél.~, under the tem1~ or liaid agreement, pnndpaJ ìs requiroo before entering upon the pcrfOl'tnançe of the work, ~o file a good and suffici~nl paymem b(Jnd with the. City of Dublin . to I'ecure the claims to whi¡;;h reference i/Ò m¡¡de ín Title 15 (commencing with S~çlion 3082) ot"Par14 of DivisÎ()11 3 of the Civil Code: of the State of California. N,~w, therefore, f".Qid princípal and the undersigned, as surety, are held firmly bound unto (,he and aJl contra.ctors, subco!ttr,J:lI;tOf5, labore 's, rii:¡l[~rialmen and or:h~r per~cms emp]oycd in thl: perfQnnance of the aforesaÎd agree.ment and referred to in t.h~ aforesaid Code: of Civil Procedure for materinlfumish.cd or (abar t~ereon of any k.ind. Or for arnou.tltii. du~ under the Unernpluyment Insurance A¡;;t with respect [0 ~I, ch work at labor, that said Jìure[y will pay Ihe same in an amount lIot eXc~eding the penal ~um her~inabove set forth. and al~o in case' suit ¡!Ì brought upon thi" btlßd. Wilthay~ in additit1n to the penal sun1 the-reofl cosh and reasonable I:x.pc:nses and fees, including reasonable attorney's, fees. iTlcurroo by City of ublln City of Dublin in sucees.sfully ~I; forcing SUGh obligation. to be aW~rdcd and fixe:d by the court. and to be:: tax¡:d as cost!; and to be included in the judgemt:nt therein rendered. It is hereby express1y stipulated and a.gr~ed that this. bond shall inure: to th~ benefit of aoy and all personfl, cumpanies and cQrp(1r(l.lj01ls entitled to file. claims under Title 15 (colilmcncing with Section 3082) ot" Pa.rt 4 of Division J of the Civil Code, sO !IS to give right of action ~o them Or their assigns in any suit brought upon this bOnd, Should 1he: conditiorl of l.his bond be fully performed. [hen [his ob1îgation sha.ll become null and void, otherwise it ¡¡nail be and remain in ful] force: and effect The surety hereby ~tipulal,cs and agree~ that no change, extension of time, alteration or addition to the tem1S of said agrcom~t or the sp¡::cîfications ~cC'ompanyitig the: sam~ shal] in any manner affed iE¡;; obligations OIi thi~ bOlJd. and it doe~ h~rcby waive notice of any such change, exte.nsi.on, ¡:¡.lterí:l.tÎon or addit..iol1. In witness whereof. tlÜs instrument has been duly ~>;I;,utcd by the prjl'lcip ;l. and surety above: nnmed. an Jul 18,2005 ~---- .~--~.~-~ emnüy Company ) ._-,--...". Timothy Starbird AttoI'I1ey-il1-Fact ID"1093 (CA) SUbdh/l$!¢1'\ l.~bor I!Ind Material !:10M (REV. 1101) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA po HOX 1!.J725, II{VIND, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except a~ exprcssly limitlxl. DEVELOPERS SURETY AND INDEMNITY COMPANY anù INDEMNITY COMPANY OF CALIFORNIA. do cach. hefeby m;:Lkc, CQtl!ititutç and appoint: '''Timothy Starbird'" as their trLlc and IÍlwfu] AHorncy(s)-in-Fact, to nlakc, ÇXI::Cutc, dcliver und a¡:knDwIL~dg¡), for and 011 behalf of said corpQT,ation!¡, as sureties, blinds, L!lIdcrtakings ,md (;unlra(;(¡; or suretyship giving ,\I}d granting unto slI.id AttonlcY($)-in-Fact full power !lnd authurity 10 do and to pcrt"orm eVCI)' ;:Let OCCC:.<;RSry, rcquisitL' ur proper tu be don{.' ill cUl'lm~¡;Liun therewith as l::i.leh of said corpor"tjons could (lo,l")ut n;:5crvhlg to each or~aid wrþoratio!\s fun power ofsubstitlniQn and rcvocuLiUJJ, and ull of tho act!i of fi<Jid AtlorneY(!i)-in-FucL, pUTfiuant lu (Iwsú presents, ¡:Irc hcrl.':by l'Oltitîcd and confirnlcd. This Powel' of Attorney is gt'<'Il1tcd and is signçd oy fac!iimilc under and l1y authurity of the túJJowing I'csO]utiQl1S adQPted by the rc!ipectivc ßu~trù of Dircctors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INI)I-<:MNITY COMFANY Or: CALIFORNIA, et1ectivc as'ofNovçmbçr I, 2000: RE~()L.vFD, that the Chalnnan oCthe Buard, HII.: Pre.\iidùlH a.nd any Vice Presjdent ofthc- corporatim, be, and lhat t:ar.;h of them hc('cby is. ;.'I\lthorì7.oo to çxecute Powel"5 of Atton1cy, qualifying the atton1eY(!i) named in the PUWCŒ uf Altorney 10 execute, on beh¡¡1f (If the eorporation!õ, bonds, underlakings and eontraçts of surctyship: ami tl1<'1t th\~ Secretary or ;my A!'i!'ii5tant Sl:;erctary of the curporaliun:s bù, and each of thcm hereby)!';, al,lth0r17ed 10 attest the execution of any slleh POwer or Altum~y; RESOLVED, f-i"URTHhR., that the ~iJ;naturc!i of such unïr.;úrs m11Y bú affixed to i'l11)' such Powçr of Attorney or Lu any Certificate relating thereto by facsimile, and allY such Power Qf Attomey or certificate headng !õuch fac¡;irnil~ :sigr'1ahl[,ús sh<'ll! bc vi'llid aJ1ò·hindin2 upon dle corporatiun whùn SO at11xe(! and in the future with respect to any bond, undertaking or contract of !iurct;Y!ihip Lu which it is allac:hed. IN WITNhSS WHeR(:Or;: OEVELOPERS SURETY AND INDEMNITY COMPANY and INIWMNrrV COMPANY OF CALIFORNIA have severally r.;au~eù thesc prcscnt!i to be: .'>igncd hy their respective Execulive Vicc Pre!iidl-1'Jt {tnd a.ttested by tlleir respeçtive Secretary thífi l!õl duy uf'Fcbruary, 2005. C---~') ~~-) ßyo. .________ ~~"Ó"l\k¿ Waltcr ^, Crowell. Seet'ctal'Y ~"\"""III"'I""" Þ'\"t Mia I","'t~ .~~'< .......,.... "",\. .l~ .t....~~P01i'4~·.......~,\ zC,fJ ¡ Ç,,¡ (Ô'" '!.~~ 2~; OCT. !or(;' ª~S 10 ~nž \'i\ 1936 ./1./ "'/., ··..'OW ~ ....,,,,,. '~q ............. ~"'/ ~.I", * ,;.,.,,~ ""'1'"11.11' STATE OF CALIFORNIA ) )SS, ) COUNTY Of ORANGE On I-'cbrl1ary 1,200:'), o¡:t"hr¡: 1111:;, Nila (J. lIiffmeyer, pcrsúlIal1y appea!'cd David H, R.hodc-~ and Waller A. Crowd!, pcrsùt~o.lIy known '0 mc (OT proved to me ùn the ba~is of satisfactoJ)' evidcnce) to J:¡ç the pCr!iOll!i who::;e IlII.1TlC!õ are !:iub:scribcd tv the within illstl'\!Illçnt and acknowled~ed lu me tha.t they exec\lted tne sarn\~ ÜI their authorized capaeitiçs, and tllM by their !iignaturc¡;; on the in!itrumenl the entity upOIl behalf of which the pçrl>on!i acted, executed the instrtuncnt, WITNESS my hand and ( tìîcíal !iCal. ¡.Q~ . . - . ~~A~G~H~f~MEYER- J ~ COMM. ~ 1543481 ;i NOWIY Pueuc CPJ.IFORN," lj OFlANGlE COUNTY 1'1,1 JI ~ ~ ~~,~:~~n.~tO:2~~ SignutuõC_~ 4.~ CERTIFICATE The UI~d~r:si£lled, as Exel':utivc ViccrPrcsideut, of PFVELOPERS SUtWTY AND INDEMNJTY COMPANY and INDEMNHV COMPANY OF CALlf"ORNIA, ducs herl~by ccr!ify thlll thù foregoing Power of Attorney re:mah,:; in full force and has rwt been revoked. and furthermore, thallht, pruvisions of lhe rç.!¡olutiol1!i of the TC:speetive Boards ( CrJircdoT!'; of said corpot,niolls set forth in the POWCT of Attomey, arc in force as of the date ofthjs Ccr!ìt1cate. Thjs Ccnitieatc is exccuted in the Cit)· of Irvine, CaHfmnia, the . ,,~,,8 th day of_ July .2005 ß a--~ -;z; f y .. .-.-.-.-.... .-..----.-.---.. David L Kerrigan, Exccutive Vice-Presidcnt [])-l::nW (Rev. 2/(5) ~~~""""" CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT .~~ ~~-~i!I'!" -....:EA~~-_.*_.~...~.-._"'..._.-.~~~...,-~~-^~._~~ State of California County of Santa Clara On Jul¡¡ 18, 2005 "". before me, personally appeared ._.~ }ss. Maur€!.f'}n Barreras, Notary Public Name and TItle 01 Officer {e.g., "JanE'l DQE . Notary Publi¡;:") Timothu Starbird Naffi!!l(:!:) ú! Signer"(B) ¡.3[ personally known to me WITNESS my hand and official seal. Plao, "",,,, "",, Al""" "-fì1!::( j A. ^" 'Î~ ~rl~ Si!ilr\;]turt!Öftf!~ OPTIONAL Though the Information below is not required by law. it may prove va/uabJa to persons relying on th8 document and could prevent fraudr.J/ant rem'JVal and rBattachment of this form to another documenr, Desoription of Attaohed Docul1)ent Title or Type of Document: LabOr & Material Bond 720 JOQ5___ r---- --_..._~ . MAUREEN BARRERAS . CommtSSlon# 1373283 ~..;. ~ Notary Public ~ CalifornIa I 2." Santa Clara County ~ .. My Comm. E'pires S.p 7, 2006 Doçument Date: --.--..... Signer(s) Of her Than Named Above: o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within insfrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument Number of Pages; ____ u......- Capacity(ies) Claimed by Signer(s) Signer's Name: --] Individual oj Corporafe Officer ~ Title(s): :J Partner ~ 0 Limited C General n Attorney in Fact oj Trustee C Guardian or Conservator 1_, Other: RIGHT THUMaPRIN'T OF SIGNER Tor of thumb here Signer Is Representing: _.___. ._. "....,.m___ Signer's Name: LJ Individual D Corporate Officer - Title(s): __..__.._ [l Partner - [J Limited oj General oj Attorney in Fact o Trustee r- Guardian or Conservator C Other: -----..-....--.".,-...-....- RIGHT THUMBPRINT at- SIGNER fOp ("); thumb hare ----.-....-,. Signer Is Representing: ,*"~~-qø~~~~,,:'.~~~'ßlI~'O~~~~~~;.t'04W1~~~~'Q;~$'Çr0.~%'G.(.'C;,~r_:.(:."C:{.;:~:;;\"~~'<õ<;::~~i.:..;~~4~ @ ó?004 Nabonal No1aryAssocia;ion. 9%0 D~ Sntn Ave., P.O. BUll: 2402· ChatB'IIIOrth, CA 91313-2402 Item No, 590't R¡;!(m;ll)r: Ç;:lll Tnll·Fm~ 1·l!OO-B76-B827 .' CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~'~:~'f'¿::;:7?'(>i~2&:,,,nÇ...fX:).§:ð...&*~:&ß~~~~'('~{;&~'.'ðZ"i'~11&,¢&:"~~ð,~(~'~~..;f-i('~~')tJ:fß..~k:'C-.ð~' ¡('. . . .. "l).' Ç:' :x~ ~: State of Calitornia } S8, ~ ~. County of s: t1 r) Á ~riJt I".'.: ?,; A g pi ~ On ~/IC¡ ID.~;l,- before me, )ON::;"~'~"~O,"~~SN~'J ___."""' ~ If.' personally appeared _~_A lãvr ¡!2. p,.;..., ,,,\ 8i ìd~ NZlme¡~1 cl Signœr .Iõ) ~ ~.j 0 personally known to ma k~.;!, ::<I 0 proved to me on the basis of satisfactory ¡3 ~ evidence ~ ~ ~ to be the person(s) whose name(s) Is/are ~ !ii subscribed to the within InSlrument and ~ !'i acknowledged to me that he/shehhey executed g I~ the same in hiS/her/their euthorized I,.~.".·, ~ ~ - - ~, .' ~. - "0 ~ ~:;:-,~. capacity(ies), and that by his/her/their " ~,~.,;,' .,4'r;;.,~" HOME.:.,' . ;:\~ I~;:~f~ r signature(s) on the Instrument the persõn(s), or 'I, . ¡y- "'J:',J:t\.þ Cor.'l''T\r!~glcn # 13'~.~,.!~;f~ ;,: the entity upon behalf of which the person(s) 1m ~~; ~:~:;f,;;~œ..··.'~::î Î:'¡Ç":~)iY i:).l.Iblic - Cdllt:.X'/lIó;J :::. t d t d th t t ~~ :., \'::~.+~~J ;::,,~:":~.i,; ~";:;;fr';;¡ CDl1nty --, aC e , execu e e ins rumen, 'I \<~n~,~ My G(lmm. Ex~Ji:'C:3 Jan Ð: ~OOG 'I I J '.1 'I 'I [. 1 I, [, [ 5I¡ f1i\tweo!NCliII'yF'ublic OPTIONAL TMugh tM Ù'fötmatiDn below is nDt required by 1,910'1, It may prove valuftbld to persons rely/rl(J on 1M document and could prevent fraudulent removal and rssttsc:hment of (hi~ fQrm 10 8n{)(her document. \ Description of Attached Document I~.··.·. I, 1 I'· I, [, ~ IN !;j ~ ~ ~ \%1 ~ I t,",,~::::: RepreSenting: .~"o-'",""'~,,",=,====~.. ....... .. .' ===~ ._~_."<;;'=="V~'=:!:V'!:::::"v'g(,,.~~'.(;..~~~~~~:=v'~I~--==-',i"~:::W-~~~ '_ ~'§.:,.~~y;,.~-"g.:,.'g;_~, ,'="""==",.)'.! Title or Type of Document: . _._~.~~,.~~~-~- Document Date: .._,__~.~ Number of Pages: Signer(.) Other Than Named Above: "" Capaclty(ies) Claimed by Signer Signer's Name: o Individu.al n Corporate Officer - Title(s): D Partner - D Limited 0 General D Attorney"in-Fact D Trustee D Guardian or Conservator D Other: T(lp(¡!th\Jl'nbh(lre ~:! 1~ N¡¡tlQr1fol N(1lill~ A~~(lci8\i(¡11 . B~ù De' Sol(¡ Av~., P.O. Do~ 2< ù2 . Challiw[)r1h, CA 9131 3, 24C2' www.n¡¡tICln.I.lnlllgry.CI1D Prod. No. 5!JD7 Allorcllr:Callj'ol¡'¡:'rDClI,'SOO,S7¡;-1jB27 ~ ~, 1 ,¡ " BOND NO. 720100S Faithful Performance -ª. º l'i!! Premium: $9,914.00 KNOW ALL PERSONS BY THESE PRESENTS: That. Pfeiffer Ranch Inv<,stors II Inc.. A California Corporation as PRINCIPAL(S), and D<,vdop<,r~ Surety & Indemnitv Company a corporation, as SURETY, and licensed to do business in the State ofCaiifomia as sole surety, an'! joinlly and severaDy bound unto1he City of Dublin ,aCornroonity Services Disttia otganized pumwlt to Division 2, Titk 6 of the Govermn"nt Code in the CoWlties of Alameda and Contra Costa, State of California, in the penal sum of. Nine Hundred One 111ousood, Four Hundred and Seventeen and No/lOa ($_ 991 417 (0), 10 be paid 10 the District, for which payment well and troiy to be made, we bond outSelves, our successors and a$$igns, jointly and sevm!ly, fumly by these preserrts. Sealed with our seals and dated this 27th and executed and to be perfonned in the District. day of I ulv , 2005 THE CONDmON OF THE FOREGOING OBLIGATION IS SUcø THAT: The Principal has been issued PERMIT NO. by the District ("Pennit") for doing the fullowing wotk generally described as follows: Improvement Plans, Tract 7539 ' Silvera Ranch, Phase II a true and = copy of Pennit is presently on file in the offIce of the District Engineer, and is hereby refem:d to and made a part hereof. NOW, THEREFORE, ir the Principal shall well. truly perl'OMl the obligations agreed to be peIfonned under Permit, comply with all the provisions or the District Code and shall construct ail water and/or sewor lines io a proper and workmanlike .maoner in acccrdance with aU the requiremerrts of the Dublin San Ramon Services District and 10 the satisfaetion of the District Enginœr, then the above obligation shall be void, othe!wise to remain in full r""", and effi:cl. No cancellation or termination or this 0000 hy the Surety shaD be em.ctive unless thirty (30) days prior written notice thereofhas been delivered 10 the District Engineer, provided thai: no cancellation or temJinBlion shall affe<:t any liability incwted or 8CÇruM herew¡der prior to oxpiration of said 1hirty (30) day period or any work performed under Permit prior to receipt of such notice. I"" H:\~NnDEP'T\TEMPLA T~ORM\J'cnnitri,, \p~~ Bœd.doc 1{IJ10I01 R(¡II. BOND NO. 720100S Fllithful PerfOrDIllllce Bond As a part of the obligation se<:ured hereby and in addition to thc fucc 8ß1OIU1t specified therefore, there shall be included costs and reasonable expenses and fees, including rcaoonab1e attorney's rees, incuned by the District in successfully enforcing such obligation, all to beta1<.ed as costs and included in any judgment "",dered. The surety hereby stipulaJes and agrees 1hat no change, extension of time, alterarlon or addition to the terms of the Pmnitor to the woik to be p<afonned thereund..,ofthe plans acoompanyingm. saI11<Oshall in anywise affect its obligations on this bond, and it does hereby waive notice ofany such change, extension of time, a1temtion or addition. Appropriate modificatioM shall be made in such funn ir the bond is being furnished for the perfunnancc of an act not provided rOT by Permit This bond is exccuto:/ in accordance with the rules, regulations, slandards, spocifications and policies of District IN WITNESS WHEREOF, the said Principal(s) and SuretY have causccl 'tl= pr=mts to be executed, and corporate names and _Is to be hereunto attached by proper ofiicers hereunto duly authorixed, the day and year first hereinaboveawritlen.. ' ,Ø?// .../ By: _ AL rl By: Pfci~~C",P; Timothy Starbitd, Atto:mey"in-li'act . Developers Surety & Indemnity Company Surety (Anach Acknowledgments) ,.., H:\ENOPEPJ\TEMP1.A TB\FORMWI:'n¡¡.ittmt\PI!ll1om1I1.~ :E\(l1Id.daç 101LO/Ol .", POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 (949) 26)·)300 KNOw ALL MEN RY THESE PRESENTS. that except as exprcssly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do cach.lJ(:r~by make. cÛllslitulc und appoirlt **"Timothy Starbird-" a~ their true and lawflll At1:omcy(s)-in·Fact, to makc~ execute, dcljvcr and ackllowlcd~c. fot arid On behalf of suid cúrpuro.lionfi, <Iii sureties, bonds, undcrtakinJ!!> and contract$ of !mrctyship giving and granting lLIlto ~L1¡d AlIO¡'IlCy(s)-ir~-FL\(':[ full power lInd authority to do and to pcrfoml eve!)' act l1CCCS¡;Sry, n:;qui!iite or propcr to bc (tQne- in connection thci'cwith a.s cadi of SaÜ] t.:utþúraliolls cúuld do. bul reliervillg tu each of said corporutiom; full power of¡::¡uh¡:;titutlcm and revocation, and ~1I ofthc acts of said AttoNley(s)-in-Faa, pLlniuú.nllu ¡hest: pr,;:,SCnL!i, ¡¡r~ llt:reby rutif1cd and confirml'd. Thi~ Puwer of Altomcy L':> granted an(! iÆ> signed by fac~imj e under and by autIlOrity ofihe following rcsohltions adopted by the rt~þective DOilrd of Djwdors of DEVELOPl:'.R$ SURETY AND INDEMN[TY COMPANY and INDEMNJTY COMPANY OF CALIFORNIA, cf[l~clivc as of Novcmber J, 2000: RESOLVED, that the Chain'nan urthe Board, lh~ President and any vice Pre~ident of the corporation he, and th~t eaeh oftncrn hcrehy is, aut\1orizcd to úxccute Powers of AUorney, qualifying the ¡¡ttomcy(.,) named in the Powers of Aitomey to çx.eeutc. 011 be]laJf oftlJe corporations, bonds. undcrtakings and comr.acts uf surctyship; and that the Secretary or any Assistant Secretary of the corporations be. and each of them hct'cby is. LtlHhori:£cd lo ilUest the exùcution of tiny :ii.uch rower of Attorney: R.ESOLVED. FURJ"H~R, that tht;- !;ignaturc!i ofl>uch offken> may be atUx,cd to any such Powcr of Attorney OJ' to a(JY œr[jficale relating thereto by f¡¡csirnile, (llld any such Power of Attomey or certificate bearing !;>1Jch f¡¡c!>imilC" sig1)atul'cs sha1l be valid and binding upon [lie corporation whcn so affixed ulLd in thc future wilh resp¡:::cL to any bond, undcrtaking (lr contract ohurctyship to whiclJ it is í'lttachC"d, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNrTY COMPANY OF CALlft)R.NIA have ~evcrully e3w:¡çd these presents to be signed by thúir [e~pccliYl: ExecuLive Viœ Presiùent and alLcslcd by their rcspoctivc Secretary thi!; 1 !it, day of FC"bTl.l~ry, 2{)05, "\~.- , ) ._) By - "'~.,'"~"-¿ Walter A. Crowd!, SecreLary (-- ,,1.·111'1111"1 ~,.,""( AND /"'~" ,t'o¡.~:."."........;V"<">' .r¿$> '~'O~POR4;:" ~ \ !rq/Y ('\~~ .:õtr: OCT. ~-<;. ~~ i 10 Z() æ ;~\ 1936 i¡f 0::. \1-1: ...... ~~ 'b ~ ,,,,~·..../OWp.. ..···~l ....... q ............. 't-~,.... ··'·'··' I';~·I'I'I"""" STAn: OF CAUfORNIA ) )SS_ ) COUNTY OF ORANGE 011 fiçl1m;:¡ry ].2005. before ¡IIi::, Nj¡a G Hiffl'n(:ycr, pcmm¡¡lly ilppe¡¡rcù O¡¡vid H. Rhodc!; and Waltcr A. CrQwcll, person:;¡,1Jy known to me- (or proved to mc 011 t]lC o;:¡sis. of satÜ,fadory evicll.:Tlœ) to be the persons whosc namcs are suh¡;erihcd to thc within in~trumcnt :;¡,nd acknowledged to me thai they executed the sanlC in their authorized capacities, and that by theìr !ií!,'TIaturcs on the ìn/itrumcllt thc entity upon bchalf of which thc persons acted. executed tbe jnstn~mel1t. WITNESS my ha ' d and on1cial seal. Slgn,¡urc ~4-~ CERTIFICATE Thc undersigncd, as Executive Viec-Prc.ç;ident, Qf DFVF .orERS SURETY AND INDEMNITY COMPANY ilnd [NDEMNITY COMPANY or CALlPORNlA dOlJs hcreby certify th8l the foregoing Power of AttoJ'l1cy remajns in fu]] fOl'Cc .and has not becrl rt:voked. and furthermore, lhat th~ provision!i of lhl.: resolutions ofLhe rcspcctivç Hoaròs of Directors ofsajd corpol'ations set Jotth j¡¡ the Pow(:[ of ALlumcy. an~ in force ¡¡~ ofth.e date ofthìs Certificate. Thìs Ccrtitìcatc is executed in the CHy of Irvine, CaJifÙfJlia., the ,~_?th dily uf J".J.L 2005 Bya~~¡. David L. kerrigan, ExcC"\ltivc Vjce~Prcsidcnt 1D-1J~O (Re....., 21(5) ,~~_A._A.-....~~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT =.'=~~~~~(~À- :",,~!'r:- .....~~~, _A~ ~~~Qj¢~ State of California County of $anta Clara On Julu 27, /£005 Date before me, personally appeared r·---'·------~ MAUREEN BARRERAS ~_. Commission # 1373263 i : '. Notary Public - California ~ _ Santa Clara County . ' MyComm.ExpiresSep7,2006 __ } ss. Maureen Barreras. Nota~ Pllblic, N;m~é iirld T1~e of Officer (e.g.. 'Jane 01;1(1, Nþtary pu Ic") Timothy Starbird Name(5) of Sl!ilnçr(~) _n~' Q;personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~~;~:n;~dOfficial~~ S""","~'" OPTIONAL Though the information below Is not required by law, it may prove valuab/a to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Place Notary Seal Abl:l1J[~ Description of Attached Document Title or Type of Document ___BQJ1rÌ ~ 7?O 7 ODS__ Document Date: Signer(s) Other Than Named Above:_.__ Capacity(ies) Claimed by Signer(s) Signer's Name: ".-____ U Individual ~ Corporate Officer - Tltle(s): o Partner - n Limited U General n Attorney in Fact [.I Trustee U Guardian or Conservator .~ Other: -- RIGHT THUM~PRINT OF SIGNER TGp 01 thumb hers Signer Is Representing: ----........--.- ....- __ Number of Pages: _. n___,n_._ Signer'$ Name: _m...._"_ U Individual [1 Corporate Officer - Title(s): __ U Partner - [1 Limited L General o Attorney in Fact [1 Trustee -1 Guardian or Conservator .~ Other: .....:......._, RIGt-IT THUMBPRINT Qr SIGNEff Top UIU'IUr"lìt) IlP.I·f! Signer Is Representing: X4~~~~~~~R;.W.(.~~~~~@#~~~~%~~'?X~'Q0~·~~æ%~'G<>·"~"~,,¡¡;:¡oo~.t.~g:..w © [!U04 N<ltinn;'!1 No!lIry Assoclalloo . 9350 DEI ~n'n A1J~., P.O. Bo)( 2402 II Oh!l.15WQrth, CA 91313-2402 Item N...,. 5907 Reorder: Oall Toll·Frl;lç' 1-l!OD-878-6627 " CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ([.~~.?¡(.:,G'~§{'.:.4£"?f::~~('Œ&';...~k¢~.ßQM~M~ßt'.ëð..(::;'(~æP.~';'Õ"':.Þ,",.ø\~2Œ~.¿<:;..t~~; ~) j t . <' I 'r' State of califOrnia} '. ,e 5'{¡~ ~ ~ County of '!~ "t ~__~,__,_ ss, ~' ~ / ~ g on__J.>/'1 )..~L).CbS before me,.. ./Šo1h1./'é) AI. r.;S;Yð ,;'; ~1 t Dal~ ;:!IT"1.,gndTIII~O!01Ii{:IJ(~(>.\1..-J¡¡neDD~'NDIDryPIIt¡liC") iþ; I~ A I~.~ _D._ ......., " ~ personally appeared __, I... ~. .~ b N¡;¡me{~) of Signllr(s) ~..'.. I ~ ~ *' l1! ~ ~ I: ,&personelly known to me o proved to me On the basis evidence of satisfactory i .. - - ~ --......,- - - - - ~ J~\>"~ ROMl-O N CASTRO ¡j;.....=:... Cljmr'"l]!"[~lon # 1338296 -, fJ;.~ NotAry FrJbil(; - Cahforrua ~ 5i ~ ~ ~r':Æl (;I!i!f'tt. COUlity " ~1r'I Coml"n E:t.PIFaS Jan 8, 2006 ....... '1\01. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capaGity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whioh the person!s) acted, axecuted the instrument my hand an~_ S,gnð¡u¡~'~i !'J1J1¡I.fY Pl)blie; I', ( OPTIONAL Though the informatil)f1 below if; not tequired by /,!¡w, it may pro\18 valuable tD per!;JDn!;J relying on the dDcument IJno could pr8vent fraudulent temcJVal and reattachmøl1l öl this form 10 fl,nDther doc.umBnt. \ I Ie ~ ~ ~ <\1 (, [, I Ie I.' ~ 0 Individual !1i 0 Corporate Officer - Title(s): ~ 10 Partner - 0 Limited 0 General ~ 0 Attorney-In-Fact ~ n Trustee ~ 0 Guardian or Conservator ,I ~ [j Of her: , ~ Signar Is Representing:__, '_'''', 'i'i " X,º,¡ç~~-4'º'~~"IM'g)§"-;K=;:&"'<>P¢@;,~==-'¡¡'''~~~~%Æi&iWj;: Description of Attached Document Title or Type of Document Document Date: -,"'~ Number of Pages: _ Signer(s) Other Than Named Above: -,_.-." Capacity(ies) Claimed by Signer Signer's Na.ma: --,- Top of Ihumb here ~ 199{1 N¡;¡(;ol1õ,.I Nllt~ry A¡c:¡.(\~It'\li(¡p· 9:kd.\ De S!I111 Aw., P.D Box <,40<." C:h/I.\~1II/ùrth. CII 9181S.:t4D~. WW¥\"¡~II(i¡)llillm!lary.!lr¡¡ Prod. No. Sg[}7 R':¡lIm':¡i: Ct'\IIT...II-fT~ ¡·{ Q(¡·¡¡n·61!:!7 > ., I , 'I 1 ~ ~ , " , 'I , 'I. ~ "