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HomeMy WebLinkAbout4.7 Final Tract Map Village I Cross Creek -�o s� CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: November 9, 1987 SUBJECT: Approval of Final Map, Tract 5826 Village I - "Cross Creek" EXHIBITS ATTACHED: 1) Resolution: Acceptance of Final Map 2) Reduced Copy of Final Map 3) Tract Developer Contract 4) Performance Bond and Labor and Materials Bond 5) Location Map RECOMMENDATION: \Z LA Adopt Resolution Accepting Final Map, Tract 5826. FINANCIAL STATEMENT: None at this time. Staff's time for processing and inspection is being paid for by the developers. DESCRIPTION: The Master Tract Final Map and Improvement Plans for the Villages at Alamo Creek (Tract 5511) were approved by the City Council in September of 1986. Tract 5826, Village I "Cross Creek, " is a 56-apartment/condominium development located at the southwest corner of Amador Valley Boulevard and Dougherty Road, and is Lot 150 of Tract 5511. The Site Development Review for Village I was conditionally approved by the Planning Director on August 14, 1987. Staff has reviewed the Final Map and Improvement Plans for Village I and found them to be in accordance with the Tentative Map approved by the City Council in March of 1986. The developer has submitted the proper bonds and insurance certification. Parkland dedication requirements are being satisfied through the dedication and improvement of East Dougherty Hills Park just north .of this site and west of Dougherty Road. Staff recommends that the City Council adopt the Resolution Approving the Final Map for Tract 5826. --------------------------------------------- ------------------------------- r ITEM NO. COPIES T0: Rafanelli & Nahas RESOLUTION NO. -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- ACCEPTANCE OF FINAL MAP TRACT NO. 5826 WHEREAS, the Final Map of Tract No. 5826 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, Rafanelli and Nahas has executed and filed with the City of Dublin contracts to improve Tract No. 5826 in accordance with the Final Map of said Tract No. 5826, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said Contract is secured by a bond in the amount of $217,204 which, by its terms, is made to inure to the City of Dublin conditioned upon the performance of said contracts; and WHEREAS, said Contract is secured by a bond in the amount of $106,602 which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen for labor performed or material furnished under the terms of said contracts. NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby approved; BE IT FURTHER RESOLVED that the Final Map of Tract No. 5826 be and the same is hereby approved; and that those strips of land designated as "L.M.E. " or "Landscape Maintenance Easement" as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted for purposes of landscape maintenance, pedestrian access, and soundwall maintenance; and that those strips of land designated as P.S.E. or "Public Service Easement" and E.V.A.E. or "Emergency Vehicle Access Easement" as offered for dedication to public use in conformity with the terms of dedication 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 9th day of November, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City. Clerk V J LEGEND BASIS OF BEARING: TRACT 5826 L.M.E. LANDSCAPE MAINTENANCE EASEMENT THE WEST LINE OF DOUGHERTY ROAD CITY OF DUBLIN P.S.E. PUBLIC SERVICE EASEMENT AS SHOWN ON TRACT 5511.ALAMEDA ALAMEDA COUNTY. CALIFORNIA L/ E V.A.E. EMERGENCY VEHICLE ACCESS EASEMENT COUNTY RECORDS.BOOK 163 PAGE 48. O FOUND STANDARD STREET MONUMENT •1,�` - BEING LOT 150 OF TRACT 5511 Fo UNO ty•r.Al 4 rap •s„a 1 AS SHOWN IN MAP BOOK 163 AT PAGE 48 ALAMEDA2COUNTY RECORDS. CALIFORNIA �'- -;•'�•' FOUND /if I.P. 4 TAG'!6/8 DATE. AUGUST 19E7 BRIAN KANGAS FOULK WALNUT CREEK. CALIFORNIA LOT 150 IS BEING SUBDIVIDED FOR CONDOMINIUM PURPOSES I 6� d° H7 24 I g� (__0, 4 5' L°225 _ I �'aw.J �' � • °,�•2°• -a:;4g•0 � DATA 20• ; 29� DELTA/BEARING RADIUS LEN./DIST. A6�v D' I%i,D 20° t 63°15'23' 20.00 22.08 INy��i. L"l�"1• N 0.43'°2"E 25.00 'o �a RAFANELLI/NAHAS O 3 N 34°50 06'4 38.31 Ito `0'II ® 4 N BO°14'1'4'4 ` P G ,�6;' �_ol 1- (PER TRACT 5511 � 25.03 V 63 9" 630a 1 Iw ; BK 163 PO 48) 6 N 34°50'06'W 29.00 i .1 liv VN89-16'558 54"4 27.18 pliu1n ® 58'4 7.00 po 0 'C1�\�OVg�� }•��,;�' Z t �'alo nil i� rl ® 02"E 78.00 �0�d P` X09 aq� I oiolZ r� 1�! I w 58"W 96.00 Z1 1 .10.00' III �n �I = 02"E 46.00 _l (' 58"4 46.00 W IW N t .y�--H81J_4.31EfR 1 OI ••�oi O9 W I NI WIN m'I25 .O I N 0.43'02"E 46.00 25PSElfI!AE. o'o °1 "'�.° sea'ae'se'E jW vI `.j r N '•L:' © �t`Tq 1�O I --O- I O M I IL' M 4.00 I 00 IV ...... O� �4`)/, I O �� °DID I 1 Y'11�.5' 01 -1& Ua N •F 01 , I ' I o WQ =1;� 10'•13'P.SE Zi IZ I m N m 10r°IO'PSE. s 1 ar� I 4600' z._vr1•. t - 63.00:_„15_q 4 w 11L�, t N 89.16'58"4 25.00 ' N 89 16'58'4 173.00 �I ' O • 35.00 % 1O _01 IJ o 1 N 89 16'58"W 010 �- N 8----8 -- 180_- ' m11E5- N 5 N 0.43'02"E 10.00 P• r t i 1 \ 162.00 -e.-o,t:3. k QN n,9 i`r; 25'P.S.E. 91 9'm N 8_9•_1_6'_58"�1 _ 01 N 89°16'58"W 15.00 oin o'oo �E.Y.A.E. o� oI„ 97.74 T o I N 0°43'02"E 10.00 z1 rlpi -f---_ I�. Z ® N 0-43.02-E 10.00 I In Is'E.v.A.E. w w t\ 97.61 I N 89.16'58"4 10.00 In Oi Z � •--- N89 i6'�B•'W-------- I ---� 01 NI N' I� �(p Z `, CROSS CREEK CIRUt ZI o' oI IJ'P.S.E. Oflo Io.00 I I$ El o N 89°16'58"4 Q - ----- 1 wI CIO Nea'as'sa m1IQ ® N 12'18'28'4 63.88 ----- --- �Q J'P.S E. N 89°i 6'58"4 254.90 I I" 4.00 I E. °I °1 II EX.L.M.E. N 0.45'50'E 75.01 rN I I I ea so 1,z" (PG14B) N B8°28'21"W 75.03 cN\-NQJ N 89°16'58"4 554.17 N 75'42'25"W 79.61 Q \ �QV FEDERAL PUBLIC HOUSING AUTHORITY I (737.9 OR 437) SHEET 2 of 2 CITY OF DUBLIN TRACT DEVELOPER AGREEMENT TRACT 5826, LOT 150 (a portion of Master Tract 5511 ) VILLAGE I IMPROVEMENTS (Cross Creek Circle) This Agreement is made and entered into this day of 1987, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and Rafanelli and Nahas , hereinafter referred to as "DEVELOPER" . W I T N E S S E T H WHEREAS , the City Council of the City of Dublin, State of California, and the Developer, as a subdivider, entered into a Tract Developer Agreement for the Master Tract Improvements within Tract 5511 on September 8 , 1986; and WHEREAS, Developer intends to construct upon Tract 5826 a condominium project as provided for in the map for Tract 5511 and to improve certain Tract 5826 improvements in keeping with the requirements and conditions set forth within the City of Dublin, City Council Resolution 32-86 (PA85-041 . 1 and . 2 and Tentative Tract 5511 ) adopted on March 24 , 1986, and in accordance with those certain plans and specifications for said Tract 5826 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 offer for dedication storm drainage facilities, public service easements, emergency vehicle access easements and landscape maintenance easements within said Tract 5826 ; and WHEREAS, Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept some and reject other of the 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 : 7 11 111 1 . Improvements Subject to this Agreement . The improvements subject to this Agreement shall include all mass grading within Tract 5826, construction of storm drainage facilities , street improvements within Cross Creek Circle and off-site improvements including a soundwall abutting Tract 5826 along Dougherty Road and Amador Valley Boulevard and landscaping between the right of way of Amador Valley Boulevard and Dougherty Road and the soundwall , all of which shall constitute Tract 5826 improvements . 2 . Completion Time. Developer will complete the work required by this Agreement within a timely manner following the date on which City executes this Agreement . Developer shall complete said work not later than one year 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. 3 . Security Furnished. Concurrently with the execution of this Agreement , Developer shall furnish City with bonds , or other acceptable security, securing faithful performance and labor and materials . Such bonds, or other security, shall be in a form prescribed by City. The bond, or other security, shall become a part of this Agreement . a. Faithful Performance Bond. Developer shall furnish the City with a bond conditioned upon the faithful performance of this Agreement . Said bond to be in the penal sum of $217,204.00 b. Labor and Materials Bond. Developer shall furnish the City with a Bond conditioned upon payment for labor and materials . Said bond to be in the penal sum of $ 106,602.00 4 . Insurance Required. Concurrently with the execution of this Agreement or prior to the commencement of any construction, Developer/Contractor shall furnish City with evidence of insurance coverage as specified below. a. Worker 's Compensation Insurance. Prior to the commencement of construction, 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 . 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 or 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. 5 . 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 furnished 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 . The amount of the maintenance bond, following acceptance of the work, shall be 25% of the amount of the performance bond. 6 . Inspection of the Work. Developer shall guarantee free access to City through its City Engineer and his designated representative 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 Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications . 7 . Agreement Assignment . This Agreement shall not be assigned by Developer without the written consent of City. . 8 . 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 may designate, 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 . 9 . 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 tract shall not be construed in any matter 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. 10. 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. 11 . 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 Developer, 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. 12 . 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 or publication. 13 . 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 financial institution from liability on any bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the financial institutions hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 14 . Liability. a. Developer Primarily Liable. Developer shall be responsible for any and all loss, accident, 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 financial institution under the bonds shall be liable to the City for the corrective work required. C. Litigation 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 judgement 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 in Dublin, California, the day and year first above written. CITY OF DUBLIN By: ATTEST: City Clerk DEVELOPER . B Y No. 86547 Aug. 25, 1987 REVISED 9/8/87 Page 1 CITY BOND ESTIMATE VILLAGE I - CROSS CREEK ITEM QUANTITY UNIT UNIT PRICE TOTAL EARTHWORK CUT & FILL ON SITE 4,062 CY $ 1.50 $ 6,093.00 SUB-TOTAL $ 6,093.00 STREET FINE GRADING 39,842 S.F. $ 0.15 $ 5,976.30 6" CURB 2,371 L.F. $ 7.00 16,597.00 CURB & GUTTER 385 L.F. $ 10.00 3,850.00 3' VALLEY GUTTER 580 L.F. $ 9.00 5,220.00 TEXTURED PAVEMENT 1,850 S.F. $ 4.50 8,325.00 PAVEMENT (PARKING) 19,312 S.F. $ 1.25 24,140.00 (2/10.5 ) PAVEMENT (STREET) 20,530 S.F. $ 1.50 30,795.00 (2j/13 ) HANDICAP RAMP �1 EA. $ 500.00 2,000.00 SUB-TOTAL $ 96,903.30 STREET SIGNS R-1 & STREET NAME SIGNS 1 EA. $ 250.00 $ 250.00 PRIVATE STREET SIGNS 1 EA. $ 200.00 200.00 SMALL CAR PAINTED SYMBOL 30 EA $ 5.00 150.00 HANDICAP SIGN, SYMBOL & 2 EA. $ 110.00 220.00 STRIPING PARKING LOT STRIPING 98 EA. $ 5.00 490.00 SUB-TOTAL $ 1,310.00 NO.86547 'AUG.' 25; 1987 .. PAGE 2 CITY BOND ESTIMATE VILLAGE I - CROSS CREEK ITEM QUANTITY UNIT UNIT PRICE TOTAL STORM DRAIN 8" P.V.C. 235 L.F. $ 16.00 $ 3,760.00 10" P.V.C. 97 L.F. $ .18.00 1,746.00 12" R.C.P. 103 L.F. $ 21.00 2,163.00. 15" R.C.P. 459 L.F. $ 23.00 10,557.00 STANDARD DROP INLET 9 EA. $ 1200.00 10,800.00 (SJ-405) STANDARD FIELD INLET WITH 1 EA. $ 1600.00 1,600.00 FRAME & GRATE STANDARD MANHOLE TYPE "B" 1 EA. $ 1500.00 1,500.00 SUB-TOTAL $ 32,126.00 OFFSITE (EMERGENCY VEHICLE ACCESS DRIVEWAY) 8" CLASS #2 AGGREGATE 1,500 S.F. $ 1.00 $ 1,500.00 BASE GRADING L.S. 200.00 FINE GRADING 1,500 S.F. $ 0.20 300.00 P.T.D.F. HEADER BOARD 150 L.F. $ 4.50 675.00 (2"x 8") TURF BLOCK 160 S.F. $ 4.50 720.00 REMOVE & REPLACE 160 S.F. $ 1.00 160.00 EXISTING TURF NO. 86547 AUG. 25, 1987 PAGE 3 CITY BOND ESTIMATE VILLAGE I - CROSS CREEK ITEM QUANTITY UNIT UNIT PRICE TOTAL RELOCATE EXISTING L.S. 275.00 SPRINKLER SYSTEM RELOCATE EXISTING STREET L.S. 750.00 LIGHT CONDUIT CABLE & BOX SUB-TOTAL $ 4,580.00 GRAND TOTAL $141,012.00 BRIAN KANGAS FOULK MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES AND COST FIGURES MADE IN CONNECTION WITH MAPS, PLANS, SPECIFICATIONS OR DRAWINGS, OTHER THAN THAT ALL SUCH FIGURES ARE ESTIMATES ONLY AND THE ENGINEER/ SURVEYOR SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS. OFF-SITE (NOT IN CONTRACT) SOUND WALL 547 L.F. $ 56.00 $ 30,632.00 COLUMNS 8 EA. 1000.00 8,000.00 RAIL FENCE 400 L.F. 20.00 8,000.00 PUBLIC SIDEWALK 5120 S.F. 2.00 10,240.00 LANDSCAPING 9660 S.F. 2.00 19,320.00 (AMADOR VALLEY BLVD. & DOUGHERTY ROAD) SUB-TOTAL $ 76,192.00 GRAND TOTAL ON-SITE, 141,012.00 GRAND TOTAL OFF-SITE 76,192.00 TOTAL BOND $217,204.00 PTtEiff[�i: $3,910.00 BCtM NUIBER: 30 32 40 PERFORMANCE BOND WHEREAS, the City- - Council . of, the City! of Dublin, ..State, of California, and ' RAFANELLI & NAHAS (hereinafter designated as "Principal") have entered into a contract under which Principal is - to install and completg certain designated public improvements, identified as project Tract NO-5826 , Citytff4-lin blin, State of California, which contract is hereunto annexed and made a part hereof; and WHEREAS, said principal is required under the terms of said contract to furnish a bond for the faiEhful performance of said Contract. NOW, THEREFORE, we, the Principal, and INSURANCE CCmPANY OF THE TEM a corporation duly authorized to do business in the State of California, as surety are held and firmly bound unto the City of Dublin hereinafter called ("City"), in the penal sum of $ 217,204.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,,;successors, executors and administrators, jointly and severally, firmly by these presentd. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions* and provisions in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless . County, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration -or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and said surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, by the principal and surety above named, this: 2nd day of Oct_ ober, 198 7. (Principal) RAFANELLI &&�NAHAS - By: P11RMR (Surety) INSURANCE WIPANY OF UM WEST By: �ATMRNEY-IN-FACT The foregoing bond was in open Council accepted and approved this day of 198_. Mayor City of Dublin, State of California PREIIUt1: $3,910.00 BCZM Z Ul'IBER: 30 32 40 PAYMENT BOND (Labor b Materials) WHEREAS, the City Council of. the City of Dublin, State of California, and RAFANEMI & NAI1AS (hereinafter designated as\"P dn_cipal") have entered into a contract under which Principal is to install and complete certain designated public improvements, identified as project Tract No. 5826 , City of Dublin, State of California, which contract is hereunto annexed and made a part hereof; and WHEREAS, under the terms of said contract; Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Dublin to secure the claims to which reference is made in Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW THEREFORE, we the Principal, and INSURANCE CON ANY OF THE 19E9T a corporation duly authorized to do business in the State of California, as surety, are held and firmly bound unto the City of Dublin and unto Fall contractors, subcontractors, laborers, materialmen and other persons employed in the .performance of the aforesaid contract and referred to in the aforesaid Civil Code in the sum of $ 106,602.00for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with , : respect to such work or labor, and unto the Franchise Tax Board of the State of California, that siad surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon .this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees; incurred by said City of Dublin in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as' costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code so as to give a right of action to them or their assigns in-any suit brought upon this bond. Should the condition of this bond be fully performed, . then this obligation shall become null and void, otherwise it shall be and remain in full-force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration "—or-a.ddition -to-the terms of said contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF this instrument is executed in four counterparts, each one of which shall be deemed an original, and surety--above named, this 2nd day of October. 19 ;. . (Principal) RAFAN= & NAHAS By: ,PAMER (Surety) INSURANCE CDbIPANY OF UM WEST !B . A MRNE'Y-IN-FA= The foregoing bond was in open Council accepte8 and approved this day of .1.986. Mayor City of Dublin, State of California f, INSURANCE COMPANY OF THt WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: MICHAEL F. MCAULIFFE LINDA E. MIJARES its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 27TH DAY OF AUGUST 1986 pMPANYO INSURANCE COMPANY OF THE EST Rpou F f/I T �gllFppN�p President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 27TH DAY OF AUGUST 190bfore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, , President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. STATE OF CALIFORNIA .. ss COUNTY OF San Francisco On this 2nd day of October , in the year 1987 , before me, the undersigned Notary Public, in and for the State of California, personally appeared McAuliffe personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- OFFICIAL SEAL In-Fact on behalf of the Corporation therein named and acknowledged to me LINDA MUARES that the Corporation executed it. Ne,tary PuL'ic-California CI•fY MID COJb;I OF Given under my hand and the Notary Seal this 2nd day of October SA,I FnA.r!C:ISCO A.D. 19 87 My Commission Expires Ptiay 27, 19S9 2, IJ 7 /�� My Commission expires Linda Mijares ICW Cal 315R(04/86) Notary Public a ALAMO' J, C ul O / CC. J U Z U J 7 159Ac.! U cr I. . O 7 K Y. 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