HomeMy WebLinkAboutItem 4.05 Approve Final Tract Map 5388 qlo
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 14 , 1985
SUBJECT: Approval of Final Map - Tract 5388
(Morrison Homes - 174 units )
EXHIBITS ATTACHED : Resolution - Acceptance of Final Map
Letter from Developer
Resolution - Parkland Deposit
Tract Developer Contract
Performance Bond
Labor & Materials Bond
Insurance Certificate
Reduced Copy of Final Map
RECOMMENDATION: 1 ) Adopt Resolution Accepting Final
Map Tract 5388
2 ) Adopt Resolution Accepting a
Deposit in Lieu of Land for Park
Land Dedication ( $343, 035 )
FINANCIAL STATEMENT: None at this time . Staff ' s time is
being paid by developer for processing
and inspection. Portions of Inspection
fee deposits and Park Land fees were
previously paid under Tract 5264 and are
being transfered to this Tract .
DESCRIPTION: Improvement plans and the Final Map for
Tract 5388 have been reviewed and found to be in conformance with
the Tentative Map and conditions approved by the City of Dublin
City Council . A subdivision agreement, bond and fees have been
submitted guaranteeing the construction of improvements within
the subject tract .
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ITEM NO. COPIES TO: Morrison Homes
Creegan & D 'Angelo
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF FINAL MAP
TRACT NO. 5388
WHEREAS, the Final Map of Tract No. 5388 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 the provisions of the Subdivision Map Act of the
State of California and the Ordinance Code of the County of
Alameda, as adopted and amended by the City of Dublin; and
WHEREAS, the Developer, Morrison Homes has executed and
filed with this City Council a contract to improve Tract No. 5388
in accordance with the Final Map of said Tract No. 5388 and Tract
Improvement Plans and the specifications attached thereto; and
WHEREAS, said contract is secured by a bond in the
amount of ( $1, 250, 700 ) which, by said terms, is made to inure to
the City fo Dublin, conditioned upon the performance of said
contract; and
WHEREAS, said contract is secured by a bond in the
amount of ( $625, 350 ) which, by its terms, is made to inure to the
benefit of laborers and materialmen for labor performed or
material furnished under the terms of said contract;
NOW, THEREFORE, BE IT RESOLVED that said contract and
bonds be and they are hereby approved, and the Mayor of this
Council be and he is hereby authorized and directed to execute
said Contract on behalf of the City of Dublin; and
BE IT FURTHER RESOLVED that the Final Map of Tract No.
5388 be and the same is hereby approved; and that those strips of
land designated as "P.U.E. " or "Public Utility Easement" , "S .D.E. "
or "Storm Drain Easement" , as offered for dedication to public use
in conformity with the terms of dedications, be and they are
hereby rejected; and that The Clerk of this City Council be and is
hereby directed to transmit said map to the County Recorder for
filing.
PASSED, APPROVED AND ADOPTED this 14th day of October,
1985 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
MORRISON HOMES
2255 CONTRA COSTA BLVD. • P.O. BOX 23172 • PLEASANT HILL. CALIFORNIA 94523 • (415) 798-9700
September 18, 1985
City Engineer
City of Dublin
Development Services
P. 0. Box 2340
Dublin, CA 94568
Atten: Mr. Lee Thompson
Re: Kildara, Tract 5388
Dear Mr. Thompson:
This is to authorize you to transfer payments previously made to the City
by Morrison Homes from Tract 5264 to Tract 5388.
The previous payments were made on June 20, 1984 by our Check No. 00504
in the amount of $375,488.00, being $340,488.00 for Park dedication fees
and $35,000.00 for estimated inspection fees.
This transfer is necessary because Morrison Homes is now seeking to record
a new Final Map for this same piece of land.
It is understood by Morrison Homes that an additional $2,547.00 for Park
dedication fees is required. Attached is our Check No.
for this amount.
Very truly yours,
MORRISON HOM
kidanaJ. Murtagh
Assistant Secretary
AJM/lc
Attach.
` / n PART OF THE WORLDWIDE GEORGE WIMPEY ORGANIZATION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPT DEPOSIT IN LIEU - TRACT NO. 5388
WHEREAS, pursuant to Section 8-7 .1 of the. Subdivision
Ordinance of Alameda County, as adopted by the City of Dublin and
as amended by Resolution 74-83 of the City Council of the City of
Dublin; each residential use shall, as a condition to the approval
lieu thereof, or a combination of both, for park and/or
recreational purposes ; and
WHEREAS, in its action on the Tentative Map of the
subject tract, the Planning Commission of the City of Dublin did
determine in accordance with Section 8-7 .1 of the aforesaid
Subdivision Ordinance and as amended that a fee in lieu of land
dedication for park and recreational facilities is to be paid, and
fee to be used for the development of park and recreational
facilities within a period of five years from the date of adoption
of this resolution to serve the residents of the subject tract;
and
WHEREAS, the City Engineer is in receipt of a
remittance amount as prescribed in accordance with Section 8-7 . 6
of the aforesaid Subdivision Ordinance and as amended, a portion
of which is being transfered from the previous unconstructed Tract
5264, furnished by the tract developer and identified as follows :
Tract: 5388
Subdivider: Morrison Homes
Amount : $343 , 035
Tentative Planned Use: Future Dolan Parksite, or Future
Fallon School Parksite
NOW, THEREFORE, BE IT RESOLVED that the aforesaid
remittance is hereby accepted as performance of said subdivider ' s
obligation under Section 8-7 . 1 et seq. of the aforesaid
Subdivision Ordinance and as amended
PASSED, APPROVED AND ADOPTED this 14th day of October,
1985 .
AYES :
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this � day of
1985, by and between the City of Dublin, a municipal corporation,
hereinafter referred to as "CITY" , and MORRISON HOMES CORPORATION, a
Delaware Corp, hereinafter referred to as "DEVELOPER" .
W I T N E S S E T H
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 Tract 5388 in accordance with the requirements and
conditions set forth within the Dublin City Council Resolution No. 26-85
adopted on April 8; 1985; 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 said City Council, and now on file in the office of the City
Engineer, which 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, Developer intends to satisfactorily complete the required
improvement within the time hereinafter specified, and City intends to
accept Developer ' s offer (s ) of dedication of said improvement (s ) 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 :
1 . Completion Time . Developer will commence the work required by
this Agreement within thirty (30 ) days following the date on which City
executes this Agreement. Developer shall complete said work not later than
three hundred sixty-five ( 365) days following said date of execution. Time
is of the essence in this Agreement. Upon completion, Developer shall
furnish City with a complete and reproducible set of final as-built plans,
including any authorized modifications .
2 . Bonds Furnished. Concurrently with the execution of this
Agreement, Developer shall furnish City with a Faithful Performance Bond
and a Labor and Materials Bond. Each bond shall be in 'a form prescribed by
City, .and shall be issued by a company duly and legally licensed to conduct
a general surety business in the State of California . Each bond shall
become a part of this Agreement.
a. Faithful Performance Bond. Developer shall furnish City
with a bond conditioned upon the faithful performance of this Agreement,
said bond to be in the penal sum of $1, 250, 700 . 00 .
b. Labor and Materials Bond. Developer shall furnish City
with a bond conditioned upon payment of all claims for labor and materials
used or consumed in the performance of this Agreement. Said bond .shall
comply with the laws of the State of California, and with Title 15, Part 4 ,
Division 3 of the Civil Code of the State of California (commencing with
Section 3082 ) . Said bond shall be in the penal sum of $625, 350 . 00 .
3•. Insurance Required. Concurrently with the execution of this
Agreement, Developer shall furnish City with evidence of insurance coverage
as specified below.
a . Worker' s Compensation Insurance . Statutory coverage as
required to cover the full liability of Developer in accordance with the
provisions of Division IV of the Labor Code of the State of California, and
an employer ' s liability insurance coverage with a limit of not less than
$100, 000 per occurrence to cover any claims arising from employment not
covered by worker' s compensation laws .
Page 1
b . Comprehensive General Liability Insurance . Minimum
limits of liability shall not be less than $1, 000, 000 per occurrence
combined single limit bodily injury and property damage coverage ; any
deductible provision shall not exceed $1, 000 per claim, and each and every
policy must contain a cross liability or severability of interests clause .
c . Comprehensive Automobile Liability Insurance . Minimum
limits of liability shall be not less than $1, 000 , 000 per occurrence
combined single limit bodily injury and property damage coverage; coverage
shall include owned, non-owned, and hired vehicles , and each and every
policy must contain a cross liability of severability of interests clause .
d. • Other Requirements . All insurance policies shall be
issued by a company legally licensed to transact business in the State of
California, shall be issued at Developer ' s own cost and expense, . shall be
maintained by Developer in full force and effect during the life of this
contract, and must have an "A.M. BEST" rating of B+, X or better . All
certificates of insurance shall name the City and its officers, agents and
employees as additional insureds , shall contain a provision that a written
notice of cancellation or reduction in coverage shall be furnished the City
( 10 ) ten days in advance of the effective date thereof, and shall state
that such coverage is primary to any other coverage of City.
4 . Work Performance and Guarantee . Developer shall secure the
services of those skilled in the trade, profession, or calling necessary to
perform the work to be accomplished under the terms of this contract, and
shall guarantee and maintain the work for a period of one (1) year
following the completion and acceptance thereof against any defective
workmanship or defective materials furnished in the performance of this
Agreement, and shall guarantee and maintain the work for a period of one
(1 ) year following the completion and acceptance thereof against any
defective workmanship or defective materials furnisshed in the performance
of this contract, and any acceptance of the work by City will not operate
as a release to Developer or Developer ' s bondsmen from the aforesaid
guarantee .
5 . Inspection of the Work . Developer shall guarantee free access
to City through its City Engineer and his designated representative for the
safe and convenience 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 Developer and replaced to the satisfaction of City without any
expense to City in strict accordance with the improvement plans and
specifications .
6 . Agreement Assignment . This Agreement shall not be assigned by
Developer without the written consent of City.
7 . Abandonment of Work . If the work to be done under this
Agreement is abandoned, or if this Agreement is assigned by Developer
without written consent of City, or if City through its City Engineer
determines that the said work or any part thereof is being unnecessarily or
unreasonably delayed or that Developer is willfully violating any of the
conditions or covenants of this Agreement or is executing this Agreement in
bad faith , the City shall have the authority to order Developer to
discontinue all work or any part thereof under this Agreement, and
Developer shall cease to continue the work or such part thereof as City
maydesignate, and CITY shall thereupon have the power to obtain by
Agreement, purchase, rental or otherwise, all labor, equipment, and.
materials deemed necessary to complete the work and to use such materials
as may be found upon the line of such work. Developer And his sureties
shall be liable for all expenses incurred by City for the acquisition and
use of such labor, equipment, and materials .
8 . 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
Page 2
or occupancy permit by City for dwellings located within the tract 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 .
9 . Safety Devices . Developer shall provide and maintain such
guards , watchmen, fences , barriers , regulatory signs, warning lights, and
other safety devices adjacent to and on the tract site. 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 .
10 . -Acceptance of Work . Upon notice of the completion of all
tract work and the delivery of a set of final as-built plans to City by
Developers , City, through its City Engineer or his designated
representative, shall examine the :tract work without delay, and, if found
to be in accordance with said plans and specifications and this Agreement,
shall accept the work and notify Developer or his designated agents of such
acceptance .
11 . Patent and Copyright Costs . In the event that said plans and
specifications require the use of any material , process or publication
which is subject to a duly registered 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 of publication .
12. Alterations in Plans and Specifications . Any alteration or
alterations made in the plans and specifications which are a part 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 .
13. Liability .
a . Developer Primarily Liable . Developer shall be
responsible for any and all loss aCCIcierlL , neglect, injury or damage to
person, life or property which may be the result of or may be caused by
construction, operations , or execution of this Agreement, and for which
City might be held liable . Developer shall protect and indemnify the City
of Dublin, the City Council , the City Engineer and/or any officer, agent or
employee of the City, and save them harmless in every .way from all suits or
actions at law for damage or injury to persons, life or property that may
arise or be occasioned in any way because of construction operations or
execution of this Agreement .
b . Design Defect . If , in the opinion of the City, a design
defect in the work of improvement 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, Developer shall, upon
order by the City, correct said design defect at his 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.
Page 3
c . Litigation Expenses . In the event that legalaction 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 .
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
Mayor
ATTEST:
City Clerk
DEVELOPER
By -N, azv."-
MORRISON HOMES CORPORATIO
Page 4
Bond No. 100210
Premium: 6,253.00
IMPROVEMENT
SURETY BOND
PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That MORRISON HOMES MRPORATION
as Principal,
and SEABOARD SURETY COMPANY as Surety,
are held and firmly bound unto the CITY OF DUBLIN
State of California, as Obligee, in the sum of ONE MILLION TWO HUNDRED
FIFTY THOUSAND SEVEN HUNDRED DOLLARS AND NO/100--------($1,250.700.00)---
for which sum we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly -and severally by these presents.
The CONDITION of the above obligation is such that, Whereas the
Principal has entered into an agreement, dated ' September 18, -1985 ,
with the Obligee to do and perform certain work relating to
KILDARA - TRACT #5388
NOW THEREFORE, if the Principal shall fully perform all of the covenants
and terms of said agreement, then this obligation shall be null and void;
otherwise this obligation shall remain in full force and effect, and Surety
shall cause the agreement to be fully performed or pay to Obligee the cost
of performing said agreement in an amount not exceeding the said sum above
specified, and shall also, in case suit is brought upon this bond, pay to
Obligee court costs and a reasonable attorney's fee,- to be fixed by the
Court.
The Surety does hereby consent to any and all alterations, extensions
-- "- hpr modifications to the contract secured by this bond.
STATE OF CALIFORNIA
]q�ppp ��� OFFICIAL SEAL
'i+�r�nAY12A1blCCiU ] SS.. I,i;�,,r r'}'i;_:.^
COUNTY OF ORANGE ,. ,..,LL=:a.-1: :y 1 L:.., „_
,.�!�YE
On this k..,,,.•�`-. AY Cormi s �xp.Jan. 2T. 138°
–163 day 19. 5, before me, the undersigned Notary Public, in and for the State, Personally
"`' "-^"'"*►,A ha�;��f sarisfactory evidence)
STATE OF CALIFORNIA
� On this...����' G�
COUNTY OF.CC�??? 4L. G)Sri7�...ss. Iq .. '........
dayof... J2j� /hbe�
................in the year
!r1�c� 2!L .................................... ...,before me,
duly licensed and sworn, Nota
Public,State of California,
,personally appeared. a
` ...,.. OFFICIAL SEAL .�hn.I.?...
LINDA CHEEK personally known to me(or proved to me on the basis of g i••' ce)
NOTAPY PUBLIC—CALIFORNIA to be the
r` CO1;T3A COSTA COUNTY Person who executed the within instrument satisfactory evidence)
or on behalf of the co as.17��5
raY fommisston Erp�res Apr.2, 1988 corporation therein named and acknowledged to�
such corporation executed the within instrument u
resolution of its board of directors, me that
Pursuant rsuant to its by-laws or a
IN WITNESS WHEREOF
This document is on 1118 my official seal in the�� have hereunto set my hand
transactions and in no wad loan which y he Proper for use in Sip I� ,C /;
y acts,or is Im P� ..�'.CnT1ZL1 0.1 .C,qkf and affixed
advice of en a,_y.the Printer ended to act.as a the ?-...�:C4 TA.. .....,County of..
does not make �stltute for
to""81b„Y of an am warren eithererpressorimPliedastod* ,on the date set forth above in this certificate.
Y Pmvisgn or Me suitehility of tf�esa forms in •
COwdery'g Form No.28— ar"specific a...,ion.
Acknowledgement to Notary Public
Corporation(C. C.Secs. 1190-1190.1)—(1v 1/83) Yf/°Fl� Notary Public, State of Cali
My commission expires fornia_�,(Ji)cQ a 9�'�r
-
__ �EA � SURE7I' ��_ NY0 MA 3_80
0 8 -
`'°No Q ew_York )VewYork
_ - _
POWER OF ATTORNEY
KNOW ALL MEN BY THESE.PRESENTS .That SEABOARD SURETY.COMPANY a corporation of the State of New York has
Y. _- _--
_. -
made; constituted and appointed and by.these presents does make, constitute-and appoi "Scott.:R Grover
nt
:of
California;
= _
__. .._
its true and lawful Attorney in-Fact,.to make,execute and deliver on its behalf insurance policies,surety bonds;undertakings and
:=other instruments of similar nature as follows:-.:,.-' Without :Limitations
Such Insurance policies surety bonds,undertakings and instruments for said purposes when duly executed by the aforesaid =_
:_. _ _ _
Attorney-in-Fact,'shall_be,binding the said Company as fully.and to the same extent as.if signed by the dulya ithorized
_.
;.officers of the Company and sealed_wlth its corporate seal and all the acts of said Atto_rney-in Fact, pursuant to the authority
hereby given,'are hereby ratified and confirmed
..'-,This-appointment is madepursuant to the following By-Laws which were duly-adopted_by the Board of Directors of the said
Company on December 8th, 1927,with Amendments to and including January 15,;1982 and are still in_full;force and effect:
_,_:ARTICLE VII,SECTION 1 :_ - - _ - _ _ =
- __
'Policies,bonds,recognizances stipulations,consents of surety,underwriting undertakings and instruments relating thereto--
-1nsuiance policies,bonds,recognizances:stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other
writings relating in any way.thereto orao any claim or loss thereunder,shall be signed.in the name•and on behalf of the Company
(a)-by the,Chairmanof the Board:.the President;a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary;a Resident
=Secretary or a Resident Assistant Secretary;or(b)by:an Attorney-in-FacYfor-the:Company appointed_and authorized by the Chairman of the Board the.
President or a Vice-Presideritto makesuch signature;or(cj by such otheroffice�s or representatives as the Board may from time to Lme-determine.
- _ _. -
_ cThe seal_of the Company shall if appropriate be aftixed thereto by anyauch officer,Attorney m Fact or.representative _
--_IN_WITNESS WHEREOF :SEABOARD .SURETY COMPANY has caused-these presents to be.signed _6y one of Its.Vice =
--- -
Presidents;and its corporate seal to be hereunto affixed and duly attested byorle oths Assistant Secreta s this :7 h..::.
: . December 81 =
day_Of....................................... 19
_ s * Attest _ - SEABOA Y NY _
� �i�L
alh Wya"� (Seal) _
t
By
tant Se eta
e ry = - Vice-President
STATE O.F..NEW YORK -
_:COUNTY OF NEW YORK
On this : :..th day of December.._ ....... .:.... __. 19 8 .....:, before rrie personally appeared
= .R _-._T-_Gunders.en :....::.-:_.: aVice-President of SEABOARD SURETY COMPANY,
._
with whom I am personally acquainted;.who,-being by me duly sworn, said that he resides in_.�the State-of =New..York..,: ;
-that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which,executed the foregoing
instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of
said Comp authority. <: .MARGARET M (_?IP ;LAN
Notary PitYin Ne.v York -
m NOTARY. m rhrtt�nr!(Seal) Gx�. Ou Ilfied in County .:
....... .... ...
* Certificate Hri din`•dn/York Coun ary Public
ty_. ........
c
sr
PUBLIC Q� Commission T-E _
I,the eftJi istant Secretary.of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a full,true and co py,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of
SEABOARD SURETY COMPANY...
This Certificate maybe signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED: (2) That the use'of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf.of the Company.surety bonds, underwriting undertakings or other -
instruments described in said Article VII;Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved." : = -
'IN WITNESS WHEREOF I e hereunto set my and affixed the corporate seal of Company to then resents this
so"ETr - .....:..........................'.. _ day of 9
..�
1927
— _
--,'-_-
For verification of the authenticity of this Power of Attorney you may call,collect,212-943-7440 and ask for the Power of Attorney clerk.Please refer to the Power
Bond No. 100210-85
Premium: 6,253.00
IMPROVEMENT
SURETY BOND
LABOR AND MATERIALS
KNOW ALL MEN BY THESE PRESENTS: That MORRISON HOMES CORPORATION
as Principal,and SEABOARD SURETY COMPANY as Surety, are
held and bound unto CITY OF DUBLIN
State of California, as Obligee, in the sum of SIX HUNDRED TW= FIVE
THOUSAND THREE HUNDRED FIFTY AND NO/100--------------($625,350.00)------
for which sum we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally by these presents.
The CONDITION of the above obligation is such that, Whereas the Principal
has entered into an agreement, dated September 18, 1985 with the
Obligee to do and perform certain work relating to
KILDARA — TRACT #5388
and Whereas provisions of the said agreement require the Principal to perform
and complete all of the work described in said agreement at his own expense and
to provide a bond to guarantee payment for any materials, provisions, provender
or other supplies, or teams, used in, upon, for or about the performance of the
work agreed to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, all said parties hereinafter referred to as Beneficiaries.
NOW THEREFORE, if the Principal shall pay in full all of said Beneficiaries,
then this obligation shall be null and void; otherwise this obligation shall
remain in full force and effect, and Surety shall pay in full all of said
Beneficiaries in an amount not exceeding the said sum above specified and shall
also, in case suit is brought upon this bond, pay to said Beneficiaries court
costs and a reasonable attorney's fee, to be fixed by the Court.
This bond and obligation of the Surety shall inure to the benefit of all
said Beneficiaries and shall grant the right to said Beneficiaries or their
assigns to bring suit on this bond.
----- a^^^ 1,o ',v innSent to any and all alterations, extensions of
STATE OF CALIFORNIA
X OFFICIAL.SEAL
COUNTY ORANGE
l ss.. = �`.
OF ORANGE z ro i!:w:t?"w, ^ -:,!'11't tis�t:• ",i.i�'.'�(.":IA
48 -C*A;' ' o:.,. Cc.;rr.r
.� my Commies ea Exp.Jan.21, 1989
STATE OF CALIFORNIA r1 r-h
�y On this..�., day .�2./J7GPr-
COUNTY OF.C� :. ss. ,P
L'>?IkGt,L.:.�T�• .. .... ..� . ................. .in the year
.r.�% .................................................before me,
••••••••••••...,a Notary Public,State of California,
duly licensed and sworn,prsonally appeared.............
............................
t..•. OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence)
�D 10 LINDA CHEEK to be the person who executed the within instrument as.
r 1 NOTARY N I]PUBLIC T CALIFORNIA or on behalf of the corporation therein named and acknowledged
COP;IRA COSTA COUNTY
"r ~J such co to
ky Commission ExF res Apr.2, �ggg corporation executed the within instrument pursuant to i by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
This document;„nya general form ma mY official seal in the..S(R Q, o ,simp transactions g and in no way acts•or is intended to act mass ar'tu tismute for the / f•••••.......
�afKa� l�Jg rq ,County o
on the date set forth a do”100 validity tf aney.ftr��he s rfa make these Wema^N either".Press or implied as to ete hove in this certificate.
h W any prov sion or'he'u taMl ty a tf»,e farms many Veafic
Cowde transaction. J ,
ry's Form No. 28—Acknowledgement to Notary public—
CorPoration(C. C.Secs. 1190-1190.1)— n"" ""�" Notary Public, State of California
(Rev. 1/83)
My commission expires / 4
�=Ceitified_Cop - -- - - - - --- _- _ - -- -- - -
- 5E KRD SURE CO = 9
9311 :,` New_York;Neva York= _ - _ _
_
-_ POWER OF ATTORNEY = = _
KNOW ALL MEN-BY.THESE PRESENTS -That SEABOARD SURETY COMPANY,a corporation of the State of New York,has
made, constituted and appointed and by these presents does make,.constitute and appoint Scott R:: Grover'-,_
zz
`of Irvine,:California - _ =
Z.
-its true and lawful Attorney-'in-Fact,to make,execute and deliver on its behalf in policies,surety bonds,undertakings and
other instruments'of similar nature as follows =Without Limitations
Such insurance policies, surety bonds, undertakings and instruments for said purposes,:.when duly executed by the aforesaid
Attorney-in-Fact,shall be binding upon the said Company as-fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal;'and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed. -
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927,'with Amendments to and including January 15, 1.982 and are still in full force and effect:
ARTICLE VII,SECTION 1: =-
"Policies,bonds,recognizances,stipulations,consents of surety,-underwriting undertakings and instruments relating thereto. - -
Insurance policies,bonds,recognizances,stipulations".consents of surety and underwriting undertakings of the Company,and releases,agreements and other
writings relating in any way thereto or any claim or loss thereunder,shall be signed in the name.and on behalf of the Company'=:- _
(a) by the Chairman of the Board,the.President,a Vice-President or a Resident Vice-President and by the Secretary;an Assistant Secretary,a Resident
Secretary or a Resident Assistant Secretary;or-(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the
' President or a Vice-President to.make such signature;or(c) by such other officers or representatives as the Board may from time to time determine.-
The seal of the Company shall if appropriate be affixed thereto byanysuch officer,Attorney-in-Fact or representative.`-
IN WITNESS WHEREOF, SEABOARD SURETY.COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto_ affixed and duly attested by one of its Assistant Secreta s, this 7th._... ...
day of : ........................er_.:..... ::.
Attest: SEABOA Y NY
1927 i =
(Seal) C %� .. . ... ...........
R6W��Q� - _ .... - ..................................
By ...:
tant Se etary - Vice-President
STATE OF NEW YORK ss.: =
COUNTY OF NEW YORK _
On this........7th................. day of ......_._D_ecember......_._...--------:-----....._.............::............1-19§1...... before me personally appeared
..................R.:..T_...Gunders.en......`........._..................................... ....::::....... a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State'of :New.•York............. .
that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing
instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company;and.that he signed his name thereto as Vice-President of
said Comp authority. = MARGA�.ET M. O!,'!NLAN
��° ��,., Notary Pi!Yic. F'•-+n r,f New York
(Seal) NOTARY Ouniifi�d in r:chr and County
�-- C,�
* Certificate Fh�.. ��:.rl.r York County ry Public
4r�l PUBLIC Q1 Commission t;tcR;VFT*4"elh T-E
410 •+,
I,the eR3igtfAI istant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a full,true and co py,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of
SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. -.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made,hereby is
authorized and approved." .
IN WITNESS WHEREOF I have hereunto set my hand and affixed the corporate seal of the Company to thes resents this
kith: SEP'I' - 85
�suerr, day of..:._ -.--... _ 9.
- =
N -1927 -
Nf'l e'` = Assistant Secre ry -
_r
_Form 957 1 v.7/84) _
For verification of the authenticity of this Power of Attorney you may call,collect,212-943-7440 and ask for the Power of Attorney clerk.Please refer to the Power
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
IN S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
September 17, 1985 POLICY NUMBER: 244-85 Unit #'378
CERTIFICATE EXPIRES: 10/1/86
r
CITY OF DUBLIN
CITY HALL
DUBLIN, CA 94568
L
This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer.
We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the,insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
i3EStOENT
TRACT 5388, KILDARA
EMPLOYER
r
MORRISON HOMES
P 0 BOX 23172
PLEASANT HILL, CA 94523
L
ISSUE DATE(MM/DD/YY)
!Onre 9/16/85 2150
600W BROKER G THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Corroon Black COMPANIES AFFORDING COVERAGE
50 California Street COMPANY
San Francisco, CA 94111 LETTER A National Fire Insurance Company
Tel: (415) 981-0600
COMPANY B
INSURED LETTER
COMPANY
Morrison Homes Corporation LETTER C
2255 Contra Costa Boulevard, Suite 200 COMPANY
Pleasant Hill, CA 94523 LETTER
COMPANY E
LETTER
•
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE(MM/DDfYY) DATE(MM/DO/YY) EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM GLA 180 2969 RA 7/15/ 5 7/15/86 INJURY $ $
PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
BI 8 PD
CONTRACTUAL COMBINED $ 1,000 $ 1,000
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $ 1,000
R1 ANKET--
AUTOMOBILE LIABILITY BODILY
INJURY $
ANY AUTO BA 928 4070 RA 7/15/ 7/15/86 (PER PERSON)
ALL OWNED AUTOS(PRIV. PASS.) BODILY
INJURY
OTHER THAN
ALL OWNED AUTOS PRIV. PASS. PER ACCIDENT) $
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
BI 8 PD
COMBINED $ 1,000
EXCESS LIABILITY
UMBRELLA FORM BI 8 PD
COMBINED $ $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS' COMPENSATION CA
AND WC 155 5065 RA 7/15/ 7/15/86 $ (EACH ACCIDENT)
$ (DISEASE-POLICY LIMIT)
EMPLOYERS' LIABILITY CA 7
$ (DISEASE-EACH EMPLOYEE)
Soo
OTHER The term CertificatD Holder, wherever used in thi Certificate of Insurance, ns: City of Dublin, its
officers, agents and empl ees.Coa�rehensive General Liability and Automobile Liability The Certificate Holder i
an Additional Insured sol ly as respects all work performed and vehici s used by or oh behalf of the Named Insure
DESC• T A IL / on n y o n raC
Such insurance as is afforded by the aforementioned policies is primary insurance and no other insurance of the
Additional Insured will be called upon to contribute to a loss.The Comprehensive General Liability Policy contains
the Standard Cross Liabili
s • o
Ci of Dublin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
City PIRATION DATE THEREOF, THE ISSUING COMPANY WILL E XX�SS��7CC
PO BOX 2340 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER THE'
Dublin, CA 94568 LEFT, � 7X
Of
AU
IN CURVE DATA
N0. DELTA RADIUS LENGTH NOTES:
Cl 181'22'31' 35.00 110.80
C2 79'00'08" 4400 59.37' 1. THE AREAS DESIGN,
LINE DATA \ L_A t D 51 O D.S.R.3.Lt ACCESS EASEMENT' AND
N0. BEARING DISTANCE ;v F_ 041:39 rA;&,77 SHOWN ON TRACT 5264,
Ti N24'18'42*N 110.35 s: _ ;4-,-I OF MAPS AT PAGES 74 -
T2 N88'57'35OE 34.10 Y �' `IP , P RECORDS, WILL BE QUIT
T3 N73'51'38 M 20.50
T4 N54'53.20'E 148.45 G ' Lg 368 S 3G/b
T5 N82'53'20'E 120.35 I�l:•✓' nn{- \ T5 l8 2 DONLON WAY OFFEF
TB N78'23'20-E 84.48 " r Y"r' i 0 —
T7 N83'47'20'E 78.00 •~ �1"o g'j' - _ IN BOOK AT PAG
TO NOG'31*37OW 50.94
710 N24'44'52'N 118.05 �'; IZJj`9 00 2�-� / 1 ,' • �,��,�
T4 ��•%`- _ —/• cri
4
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17 I I `�•' ' k ��? Q ,�
N69'27'41-E 427.18 / C�
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Z>- INDEX MAP FD 3 "jP.
o 3 SEE NOTE 2 _ BEARS N.0 V/'24£0.77'
SCALE: 1 1 00
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