HomeMy WebLinkAboutItem 4.09 SilveraRch Tr 7539
CITY CLERK
File # D[~U~-[£)][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 20,2005
SUBJECT;
Approval of Final Map and Improvement Agreement, and Acceptancc
of Parkland Dedication In-Lieu Fees Associated with Tract 7539,
Phase 11 - Silvera Ranch, (Pfeiffer Ranch Investors II, Inc.)
Report Prepared by: Mark Lander, City Engineer
ATTACHMENTS:
I)
2)
3)
Resolution approving thc Final Map for Tract 7539, together
with Exhibit "A", Improvement Agreement
Resolution Accepting Parkland Dedication In-Lieu Fcc
Reduced copy of Final Map
}j
Adopt thc Rcsolutions approving the Final Map and Improvement
Agreement, and accepting Parkland Dedication In-Lieu Fees
associated with Tract 7539, Phase 11- Silvera Ranch
RECOMMENDA TION:
FINANCIAL STATEMENT:
Pfeiffer Ranch Investors 11, Inc., has provided Performance Bonds
and a Labor and Materi.als Bonds, each in the total amount of
$991,417.00 (Bond No. 72101008), to guarantee the construction of
improvements, and will pay of associated construction inspcction
costs. Once thesc improvements have been constructed and accepted,
the City will incur maintenance costs for the street improvements.
Pfeiffer Ranch Investors has provided Parkland Dedication In-Licu
Fces of $107,730.00 for Neighborhood Parks and $180,180.00 for
Community Parks.
DESCRIPTION: Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes,
Inc.), is seeking City Council approval of a Final Map associated with Tract 7539, Phase II - Silvera
Ranch. Tract 7539 is the second phase of Silvera Ranch, a four-phase residential development approved by
the Planning Commission on September 23, 2003. The project site is located on the east side of Tassajara
Road immediately north of the Nielsen property, and will consist of79 single-family homes (The Estates),
73 single-family cluster homes (The Manors), and 102 multi-family units or condominiums (The Villas).
The Final Map for Tract 7441, Phase I, was approved by the City Council on March 1, 2005, and consisted
of 35 single-family homes and 28 single-family cluster homes. Phase II includes an additional 45 single-
family cluster homes.
___..P__.______._____________________________________~M________
COPIES TO: Dale Garren, Pinn Brothers
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ITEM NO.
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An Improvement Agreement, guaranteed by a Performance Bond and a Labor and Materials Bond, each in
the amount of $991 ,417 (Bond No. 720100S), has been executed by Pfeiffer Ranch Investors to assure that
all required improvements are installed to the City's satisfaction.
The Final Map and Improvement Plans have been revicwed by Staff and found to be in conformance with
the Vesting Tentative Map and Conditions of Approval as approved by the Planning Commission via
Resolution No. 03-48. Aspects of the plans and map were also reviewed by the Dublin San Ramon
Services District and Alameda County Fire Department for conformance with each agency's requirements.
Pfeiffer Ranch Investors has submitted the required inspection deposit and insurance certificates. Parkland
dedication in-lieu fees of $107,730.00 (Neighborhood Parks) and $180.180.00 (Community Parks) have
also been submitted.
Staffrecommends that the City Council adopt the Resolutions approving the Final Map and Improvement
Agreemcnt, and accepting Parkland Dedication In-Lieu Fees associated with Tract 7539, Phase 11-- Silvera
Ranch.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT
ASSOCIATED WITH TRACT 7539. PHASE II - SILVERA RANCH
(PFEIFFER RANCH INVESTORS II, INC.)
WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of
Tassajara Road (formerly County Road 2568), were annexed to the City of Dublin and to the Dublin San
Ramon Services District via Local Agency Formation Commission (LAFCO) 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
of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 03-48 on
Septembcr 23, 2003, approving thc 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 thc City of Dublin an
Improvement Agreement to install on-site improvcments within the said Tract in accordance with the
Planning Commission Resolution, and in conformance with the improvement plans and the specifications
attached thereto; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $99 I ,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 terms 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 thc areas marked as Rocking Horse Court, Public Service Easement (P.S.E.), and Emergency
Vehicle Access Easement (E.V.A.E.), offered for dedication to the public in conformity with thc terms of
dedication, are hcrcby 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.
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PASSED, APPROVED AND ADOPTED this 20th day of September, 2005.
AYES;
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 7539, PHASE II - 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
irnprovemen1s (hereafter "The Improvemen1s") 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:
· "Improvement 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 ImfJrovement Plans. Tract 7539. Silvera Ranch, Phase /I" (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 Associa1es 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
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EXHIBIT A.
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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
reproducibie 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, Four Hundred and Seventeen and
00/100 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 10 conduct a general surely 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 ins1rument 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,
materiais. 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 Required.
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 subcon1ractor to commence
work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtair"led and approved. Said insurance
IMPROVEMENT AGREEMENT
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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 Agreemen1
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 ScoDe of Insurance. Coverage shall be at least as broad as:
(i) Insurance SelVices Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance SelVices Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance SelVices Office Commercial General Liability
coverage ("occurrence" form CG 0001.)
(ii) Insurance SelVices 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 California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less 1han:
(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 Liabilitv: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: 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. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. AI 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 adminis1ra1ion 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 Liability Coveraaes.
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(a) The CITY, its officers, agents, officials, employees and
volunteers shall be named as additional insureds as respects:
liability arising out of activities periormed 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 protec1ion afforded
to the CITY, its officers. officials, employees or volunteers.
(b) 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.
(c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
(d) 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 Coveraqe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers. officials. employees and volunteers for losses
arising from work periormed by the DEVELOPER for the CITY.
(iii) All Coveraaes.
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) Acceotabilitvof Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of Coveraae. 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 10 be received
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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 male rial, 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 au10matically be
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
In 1he 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, atter 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 detennined 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 periorms the necessary work. DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such cos1s 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.
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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 Improvemen1s plans and
specifications.
Section 7. Aqreemen1 Assianment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Nei1her 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's contrac10rs. subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may selVe written notice on
DEVELOPER and DEVELOPER's surety or holder of other security of breach of this
Agreement, or of any portion, 1hereof, 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 selVing 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 1he 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, withou11iability 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.
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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:
Pinn 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 no1ice 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 Improvemen1s.
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 wi1hin 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. Safetv Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
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regulatory signs, waming 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 Riqht-of-Wav.
Upon notice of the completion of The Improvements and 1he 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. Pa1ent and Copvriaht Costs.
In 1he event that said plans and specifications require 1he 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 matenal,
process or publication.
Section 14. 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 Slate of California.
Section 15. Liabilitv.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper
manner. DEVELOPER agrees to indemnify, defend, release, and save
hannless 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
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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 '8 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 policies
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
specifica1ions 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. Desiqn Defect. If, in the opinion of the 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 Pertormance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c. Litiqation Expenses. In the event that legal action is instituted by either
party 10 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 enti11ed 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 accoun1 of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
IMPROVEMENT AGREEMENT Page 9 of 10
C;IDocumants and Settingsldale garrenlLocal Settlngs\Temporary Internet Flles\OLKDllmprovoment AgreemenL Phase II.DOC
July 11 , 2005
I--¿ ao ?J?.
Sec1ion 17. Recitals.
The foregoing Recitals are true and correc1 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:
DEVELOPER:
Pfeiffer Ranch Investors II, Inc.
By:
Janet Lockhart, Mayor
~
-"
Date:
By:
ATTEST:
A l~ 12. ~rÍV'
Typed or Printed Name
Title
f{-S
~ fs- ftÞ
Date
Yr€Sb'I~
By:
Kay Keck. City Clerk
Date:
IMPROVEMENT AGREEMENT Page 10 of 10
C;\Documents and SettingS\dale garren\Local Settings\Tempora.ry Internet Files\OLKD\lmprovement Agreement_ Phase II.DOC
July 11! 2005
/30Ö32
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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~ personally known to me
o proved to me on the basis of satisfactory
e"'dance
. .......-.
State of California . I
County of _ Sa. "\ 'tel.
atI'Þ.-.
On
+lll::j"l.?~
before me.
personally appeared
~--~q·-'·----1
~. ~- ROMf,Q N. CASTRO
- Commission # 1338296
i . NOtlaty Public - California ~
Santa Clo", County -
My Comm. Expires Jon a. 2006
)..,j, G:u..L....o
to be Ihe person(s) whose name(s) is/are
subscribed to the within instrum,,"t and
acknowledged to me fhat he/she/they executed
the same In hls/herllhelr authorized
capaclty(ies). and thaI by his/her/their
signalure(s) on the instrument the person(s). or
the entity upon behalf of which Ihe person(s)
acted. executed the Instrument
S my hand and >ffØ~. -
A',.¿>Æ/~
~tln&ll.II'~ 01 Ncll!ry Pubht
OPTIONAL
ThDugh the infOrmation below i$ not requif8d by law. It may þrDVf~ va'u.abl~ to persons relyIng on the docurm;Jnt fJmJ cO/Jla prevent
f~ Jdulenr removal and rsatlachment Qf this form tQ another dO~UmBrit.
Description of Attached Document
11IIe or Type of Document:
Document Date;
Signer(s) Of her Than Named Above:
Capaclty(ies) Claimed by Signer
Signer's Name~
D Individual
D Corporate Offloer -TItle(s): ~..._
D Partner - 0 Limited n Generai
o Attorney-in,Fact
o Trustee
o Guerdlan Or Conservator
o Other:
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Signer Is Representlng:__
~~~-~=«ro
Number of Pages:__
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<t> 1999 N,¡rII()I1QI Nola~jI Aaro~il!l~ar1' 9350 en;, 50\0 AvEl" P.O. B( ¡¡ 2402· Chal~wor1h, GA ~1 ~13-240:;" wW'Wl¡,t'}a~onalnotQI'.,\G>fíl
'Prod. NO.tiSar
Reorder:CIIIIT¡¡II·Fre~1-80()-( 7&-BB27
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INSCO INSURANCE SERVICES, INC.
Und~rwrltl"'g Manager for:
D...lop." Surety and Indemnity Company
Indemnity Company of Celifomia
177eO Fitch. Sulle 200 . Irvine, Califomla 92614. (949) 263.3300
IY~32
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO. 7201005
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS;
Thet We, Pfeiffer Ranch Investors II. Inc" A California Corporation
and Developers Surety and Indemnity Company
under ilnd by virtue of the 1íi1ws of the State: of Iowa
to conduct <l gr;neral ~urc:ty business in the State of Ci:Ù.ifornìa as SuretYt are held and finnly bOUTld Unlo the City of Dublin
. as Obligec. in the pe..nal sum of
Nina Hundred Ninety One Thousand, Four Hundred and Seventeen and 00/1 00 (~ 991.417.00 ) DOLLARS,
for which payment, well and truly to be made! we bind ourselves, our heirs, executors and Sllccessors, jointly and severally firmly by the!Ìf:
presents.
. as Principal.
. a corporotion otgQnizcd and dojJlg business
and duly hc~ns¡:d
THE CONDITION OF THE OBUGATION IS SUCH THAT:
Whe.re~. ~hc ubov~-named Principal, ha~ enterdd into an agr~cmcnt which is mad¢ ~ part of this bondt with the
City of Dublin , State of Ca.lif~]ITIÜ", :;1,8 Oblig~e, for the designated public
improvemcnts in the subdivhi()n identified a~ Improvements for Tract 7539. Silvera Ranch, Phas.e II
I as required by the Governrnenl Code of CaHfornia.
Whcrt:as. 'under the terms of ~aid a.greement, principal is required bef[) '"~ entering upon the pertotmance of the work, to file a good and
suffieien~ payment bond wìth the City of Dublin ~'_,.__ ____ ,.,,_ [ö secUrc tho claims
to which re.ference is made in Title 15 (coml'I~l1.ç.ing wi~h Scclion 3082) of Part 4 of Division 3 of the Civil Cod~ of the Slate ofCalifomia.
Now, therefore, said principal and the undersigt'Jr;!:d, 1Πsurety, arc held firmly bound untlJ the
and an contractors, 8,ubcontraçtors.laborers, matefÎaJm~n and other person:!;
cmpJöyod in the performance of the aforesaid ageement and ref~d to in the. aforesaid Code of Civil Procedure for material furnished or labor
thereon. ùf any kind, or for amQunt¡;; du~ ul:'I.der lhe Unemployment In~uronce Act with respect to such work Or labor, that said SUfcty will pay
the ~a.me in Qri amount not exceeding the penal ~um hcrc!.Ìnabove set forth, and ¡¡ IiO jn case: suit is brought UPOJl this bond, WHihllY! in ~ddítJon
to the pena.l suni thl:~of. costs and reasonable ex.penscs and fees, including reasonab]c attorne.y's fees, incurred by City of ublln
City of Dublin in successfully enforcing SlJch obligation, to be aW~lrdcd and fixed by the courtt
and to be taxed as costs and to be included in the judgement therein rendered.
TI is hereby expressly fòtipulated and agreed that this bond shall inuro Lo ~hc benefit of any and all pf:t'~On8. companjes and cot'pI)T'a.lions
entille.d ~o file claims under Title 15 (çommencing with Section 3082) of Part 4 of Division 3 of the Civil Code.,:õìo!l!ì tD give. right of action to
them Or the-ir assigns in any suit brought upon this bond.
Should the conditÎon ot" this bond be fully performed. then tn.is obligatil)n shall become null and void. Dthe:rwi'S~ it shall be: a.nd remain
În full force and effect
The surety 11erehy stipulatcs and agrees that 110 change, extension of time. alteration or additiOQ to the tenm~ of said agreement or lh~
specifications accompanying the same shall in any manner affect its obligations on this bond, and it doe!> herehy w~ivo noÛc~ of" any ~u~h
change, ex.tension, altttntion or additinn,
rely an emnlty Company
--
TImothy Starbird Attorney-in-Fact
ID-1Q93 (CA) SlIbdllo'lalDn Labor and Malarial Bond (FH::V. '/0')
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725.1RVI.:>JE. CA 9262, (949) 263-3300
15 °631-
KNOW ALL MEJ\ BY THESE PRESENTS, that except as e,Xpressly JinÜred. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDhMNITY
COMPANY OF CALIFORNiA, do each. hereby milke, confõtitul~ ünd appoint:
""Timothy Starbird-
as their true and JawfnJ Attorncy(s)-jn-Fact. to make. execute, deHvcl' and acknowledge, tor and on behalf of said corporatiQns, as sureties, bond!i, und~rtakìng&
and (;úrttn1C(S of suretyship giving and b'll:"1nling unlo !>¡),id Altun'Je::y(s)-in-Fi:lúl ful1 power and ßuthodty to do and to perform every act neeessary~ requisite Or proper
tC1 be done in conncctíon therewith ;;15 cach of fiaid corporatiQIl!:> CQuld do, hut rc!';crvìng to each of sl:lid torpor/ilium; full puwcr uf l:iubstitutiùn ø.nd revocation, and
all of the aets oL;aid Attorncy(s)-in·Fact, PUrSUal1t to th,ese presents. arc hereby ratified and eontì:mu::d.
This Power ur Altorn~y i:i> gmnled Ilnd is signed by filc!iimi]e und~r and by aulhority ùfth.:: fullowing re~o]utiO[Hi adopted by the respcctive Board of Directors of
D8VhLOpERS SIJR~TY A:\ID INDl-iMNny COMPANY and INI')EMNIlY COMI-'ANY OF CALIrORNIA, erfcútiv~ a:ii ùfNovcmber 1,2000:
RESOLVED. that the Chajrman of the BOiIrd. the President and any Vice President of the corporation be, and that each ofthe:m hereby )!'i, authorizcd to
c:xecutc Powers or Altùtney, {]uaJifying the uttorney(s) nilml:d in the Pùwúni of AuùnK'.y to execute, 011 behalf üt"the corporntjons, bonds. undertakings ann. contracts
of sllr~ty!ihip; and that the Secretary or any Assistant Secretary of thc corporations bl::, and each of them hereby is, authoriud to all~sl th~ execution of any such
Power of AUQI.'"l1çy;
RESOLVED, FURTHER. that the sigIlatllref. of ~l\ch ùn:i.ccrs; rJ'Jí1y be affixed to any such Power of Attorney or to any certitlc.atc rChHing thc:r¡:lo by
fac!;¡mìl¡:, and any &l,Ich Power of Attorney or c¡."Ttifle.ate bcaring &ueh fae:;ímilc :;ignatuT!::s shall be valid und binding upon the t.Orpomtion whL'11 so affixed and in
the fi.\nlre: with respect, [0 any bOlld, undertaking or contract ofsurcfys!1jp to whieh it is attache-d.
IN WITNESS WHEREOr, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA h,ve scv",lIy c.",cd
thoso pre!ienls to be sì¥ned by their rf:!ipCcljvc EXl:cutiv~ Vìcc ?re!iid¡ml I:I.nd attested by thl:jr respective S~(:re(ary this I st day ûfFebrLlill'Y, 2005.
B' C;)~@-:-)
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Walter A. Crowell, Se(;rú(¡.uy
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æ~i OCT. :....(.;
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STATE OF CALIFORNIA
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COUNTY or ORANGE
{)n ¡:'·clm,l.ILry 1,21.105, hefore mc, Nita 0. Hiffmeycr, perlionally app¡:an,"¿¡ David H. Rhodes and Walter A. Crowell~ personally known to mc (Qrproved
to mc 01'\ the basis of satisfa.ctory cvidencc) to be- the per5Qr]s whose namc:; arc ¡;;u.blicribed to the wìthin instrum(:nt and acknowledged to mC that they executed the
same in their authorized capacities, .and II1.1.t by their signanlres on the: instrument the entity upon bch.alf ofwhkh the PCI"!j(1nf; actcd, cxc:euted the ¡nMrllrtlen.1.
WITNESS my hund and ufficial ~eaL
Sign,n¡r< ~ ð.lIff7--v
. NITA G. HIFFMEY"R
i COMM. * 1543481
N(!1'ARV PUBUC CALIFORNIA"
ORANGE COUNTY ..
~ , . ~ . ~~~m.~fMJa"..10.~~t
CERTIFICATE
Tbe undersigned, as Executive Vice:rprçsidcnt, of DEVH.lOPI-:R$ SURElY AND INDEMNITY COMPANY and INDEMNITY COM.PANY OF
CALIFORNIA, ducs hereby c~rlify that the foregoing Power of Anòmey remains in full fOl\::c and hag not becn rçvok~d, and furthermore, thal the provisioíjS of
the rcsolutions of the respcctivc Boards of Dirçctor~ of ¡¡aid corporation!; &ct forth in th~ Power of Attorney, are in forc(: as of the dare of this Certiflcatc.
TI)is Certificate is cxeeme:d in the City of.lrvine, CaJifom.ia, the 18th day of _~~JY
._.2005__,
David 1. Kerrigan, ExecLHive Vjc:e·Pr~sident
lD·1380 (Rev. 2/05)
11.0 0t> 32-
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California
County of
Santa Clara
On Jul¡¡ 18, 2005
D~\~
before
me,
personally
appeared
.-.
} $S
Maureen Barreras, Notary Public
N¡p,!' 11 1 *r'ld mh~ Df Officer (e.g., "JanEt Doe, Notary PUbliC")
Timothu Starbird
NQmllll(~) Of SlliJr'\oi:Ir($)
WITNESS my hand and official seal.
"-frl C(J Á ~g~,~",'J;¡.:B(?j~
OPTIONAL
Though ths information below Is not requirBd by law; it may prove valuable to persons relying on the document
and could prevent fr8udulent remov9.1 and reattachment of this form to another document.
r----··------~
~ MAUREEN BARRERAS
- .. _ Commission # 1373283
i ; ". _Notary Public - California ~
- Santa Clara County
. MyComm. E>pl"'. Sep 7. 2006
Plaœ Nól.tiry Seal AbQ\lð
ø personally known to me
LJ 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/her/their
signature(s) on the Instrument the person(s). or 1he
entity upon behalf of which the person(s) acted,
executed the instrument.
Description of Attached Docu~nt .
Title or Type of Document La or & Matenal BQnd 7201 DOS
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
:J Individual
:J Corporate Officer - Title(s);
:J Partner -:J Limited :J General
D Attorney in Fact
LJ Trustee
:J Guardian Or Conservator
D other:
IIIGHI IHUl\IIl::Jl'FUNl
Or SIUNI:::H
lOp of rhumb here
--~.,'
Signer Is Representing:
~~...-v-.,..,..,...,..~ "',..." _;I.'Iì:!:~:;:!:_~~'~~~.-.,~ ~~'~~~
o 2(]Q4 Nallonal Natary ABSOclaUDn· 9350 De sete Ave., P.O. Box 2402. OIlBtBworth, CA 91313·2402 Ilðr'l'l No. 5907 Reorder. Oall Toil-FreEl 1-800-97ß·B827
Signer's Name:
:J Individual
:J Corporate Offloer - Title(s): _.
:J Partner - n Limited U General
:J Attorney in Fact
LJ Trustee
D Guardian or Conservator
D Other:
RIGHT THUMRPRINT
OJ- SIGNER
TOp of thumb hare
Signer Is Representing: _
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
rk<Y;;ð'),U'~~.&>-*,¡sgR-Æ<>~..&>m~
~ State of Callfomla C' / /' Þ',,ñ, } .s,
~ County of ..::::,¿¡t7 r~ c..t:'4-,..."
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before me,
personally appeared
. r~OMEO N, ('.ASTRO
~~' '~', C(ìrY1missiari#133B2ge :z:
~ ~h.L ,.I: z\ Not.Jri ¡;;tubl(.: - C!!lli~omia ~
\i5". . Santn Clata County
"t - My Comm. Expires Jon 8, 2006
17(7632-
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4::~;':œ~',':::~S=",
NaIYlEl1a)¡jISillnar(S)
o personally known to me
o proved to me on the basis
evidence
Of satisfactory
to be the person(.) who.e oame(s) is/are
subsoribed to the within instrument and
acknowledged to me that he/shelthey executed
the same In hiS/her/their authorized
capacity(ies). and thet 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.
w'f;:;a/t/~
51gngtl.ll"Qc1 ~r;\\QryPubllc
OPTIONAL
"though the ;nform~tj(Jn be/ow fs not reqllil'ed by law, it may prDVI~ v~Juabld ro persons f8/yln(J on 1M drx:umB{Jl and CQuld prevent
frl'iudulent removal élftd ræffachmsnl of this form to anQther documtmr.
\
Number of Pages:
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R(,IorIj91: Call To1I-Frel!l 1-800-878-682.1
Description 01 Attached Document
Title or Type of Document ~_
Document Date:
Slgner(s) Other Than Named Above: '",_
Capacity(ies) Claimed by Signer
Signer's Name:
I,
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o Individual
o Corporate Officer - l1tle(s): _._....,,,,,,,.,,.
o Partner - 0 Limited ::J General
o Attorney.ln-Fact
o Trustee
U Guardian or Ccn$ervator
o Other:
~ 1&¡¡e Nllllorml NClt~ry A,,"soc¡gitnn +W5 ) De6(\lo A'Ie., p,o, Bo.>; 2<102· CI~II.I~w¡jrtl1, CA91313-2402' www.n¡¡jIQnAnQlAry.Qf!J
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I Signer Is Representing:,_..__..
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Pr{\( .~(\,5907
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BO'ND NO'. 7201005
Faithful Peri(lrmaoœ I! Q.ti.2.
Premium: $9,914.00
KNO'W ALL PERSONS BY THESE PRESENTS: That,
Pfeiffer Ranch Investors II. Inc.. A California C01:porMion
as PRINCII' AL(S), and Devclopers Surety & I ndemnil;y Company
a corporation, as SURETY, and licensed 10 do business in !he State ofCatifomia as sole surety, are jl)intly
andseve:aUyboundun\u!he City of Dublin ,aCanrmûty
S=rvices District organized pursuant 1D DivisÎ(m 2, Title 6 of !he Govemmen! Code in the Counties of
A!mneda and Contm Cosœ, State of California, in !he penal sum of.
Nine Hundrod One Thousand, Four Hundred and Seventeen and No/lOO ($.991 417.0m,
10 be paid to the District, for which payment welt and ttuly to be made. we bond ourselves, our successors
and ossigns,j(lindy and sevenù1y, fumly bylhosepreserrts.
Sealed wilh our seals and dated !his 271h
and executed and t:o b. perfonned in !h. Disfri¡;t.
day of lulv
, 2005
THE CONDmO'N O'F THE FOREGOING O'BLlGATION IS SUCH THAT:
The Pdncipat has been issued
PERMIT NO'. by !he District ("Permit'') for doing the following worl< genmJly
deooribed as follows: Improvement Plans, Tract 7539 - Silvcra Ranch, Phase II
II true and COIIeCt copY of Permit is presl:lrtly on file in !he office of the District Engineer, and is hereby
referred to and made a part hereof.
NOW, THEREFORE, if the Principal shaD well, truly perfonn the obligations agreed 10 be
perfonned under pennit, comply with a1l the provisions of the District Code and shaD construçt all water
and/or sewer lines in a proper and workmanlike manner in acwr<Iance with all !he ro:quir=.ms of the
Dublin San Ramon s.rvices District and In the satisfaction of the District Fngineer. tb... tho above obligation
shalt be void, otherwise 10 =in in fiùl force and .m:ct.
No cancellation or 1em1inalion of this bond by the Surety shall be clfective wIess thitty (30) days
prior \\oTÎtten notice thereof has been delivered 10 the District Engineer, provided that no cancellation Or
Imnination shall affect ony liability incurred or accrued herew¡der prior 1:0 expiration of said thitty (30) day
period or any work perfunned under Permjl prior!o m:eipt of such noûce.
1012
!:I:\ENGDE!PTIT2MJ'LAjeJIORM\Pcrmla",g\PMfðn\'WICC !onrMQ(¡
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/99::>32.
BOND NO. nOiOOS
Faitbful Performance Bond
As a part of the obligation secured hereby and in addition to the fàce 8mOWlt specified1h=fuœ,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
inourred by the District in suœessfuJly enforcing such obligadon, all to betaxød as costs and included in My
judgment rendered.
The sure(y hereby stipulates and agr=; that no change. extension of time, alteral:ionoraddition to
the mrrns of the Permitor to the woik to be perfonned thereunder of the plans ac:compenyingthe same shall
in anywise aflèct its obligations on this bond, and it does hereby waive notice ofany such change, exœnsion
of time. altenrtion or addition.
Appropriate modificmions shall be made in such fOml if the bond is being furnished foc the
performance of an ac:t not provided for by Permit.
This bond is executed in accordance with the mles, regulations, standards, specifications and
policies of District.
IN WITNESS WHEREOF, the said Principal(s) and Sutety have caused these presents to be
executed, and corporate name<¡ and seals to be hereunto attached by proper officetS hereWIto duly
authorized, the day and year fiM hereinabove Wa.¡ttelL .
ø?/? ___
By: AL ft
By:
Pfeiffer Ranch Investors II, rne., A California Corporation
By.£~;J :9
Tunothy Starbit:d¡ Attomey-i.1l~F:a.ct
Deve10pers Surety & rndcmnity Company
Surely
(Attach Acknowledgments)
2ti:2
¡'¡:;\ENGD8P'I'TeMPI.A TH\FORM\Permil:ti2l. J\PcrfclCmaftC' Bonddoc
10/10101
.....
POWER O~' ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1972S.IRVINE. CA 9Z62J (949) 26)·330"
20 CJ:o~?-
KNOW ALL MbN BY THESE PRESENTS, that excepL u.~ ùxpressly limired, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CAl..IFORNIA, d.o each. hereby make, cöI'n;titute arid aþpoint:
-Timothy Slarbird-*
as tllcjr true and lawful Attomcy(s)-in-J-iact, to makc, execute, ddiver Ilnd Ilc:know]'::dgt:, for arid On bi:::halr of sajd corporatjons. as sureties, hond!;, und~tí1ld[lgs
and contracts ot" suretyslÜp giving and granting unto said AttornCY(!i)-ìn-l"act full puwer and authority tu do and to perform every act necessary, requisite Dr proper
to be done ijj connection therewith as each of said corporations çou.kl do, but n~~crving to ~ach of ¡¡aid corponltiùns full pùwtr ùf :ii.ubStjtUtiOIl and rçv(lçatíon, and
all of the aels of said AHùrn~y(s)~iJJ-Fa(;t PllrSLjant to Ihese presents. are J1crcby r¡¡tjficd and çc:mtlrmçd.
This powçr of AItOnl¡:;Y i:; granted and is !>igncd by facsimìle ulldt:r anJ by allthùrity of the fol1owing resolutions adopted by the rcspçetive Board of Directors of
DEVELOPERS SURETY ANn INTJ.F.MNJTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effcctjve as ofNovcmbcr I. 2000:
RESOLVED, that tht Chairman of the DOí11'd, the President and any Vice President of the C"orporatioll be, and that each ùftht:m hereby is. authorized to
execute Power!) of Attorney, qualifying the attorncy(s) named in the POwt,'t!:õ of Attùni.ty to txetutej on behalf ofthc corporations, bonds. UJ1.dcrtBkin¡1;s and contracts
of suretyship; and that the Secretary or ~ny Assistant Sec~t.!lry of the corporati( n~ b~, and each of them h¡:reby is, authorized 10 attest the exee\ltion af any su¡:h
Power of Attorney;
RESÜLVED, FURTH8R, that the f>ígnature:> uhuch officers rnay be affixed wany such Pùwer of Attomey or to any certificate relaling thereto by
facsimile, and any such Power of Attorney or certificate bcarìng; !iuch f!l.csimi!~ ~ignaturcs shaH b~ vaJjJ and binding upon the corporat¡on wllen!>o affixed !mù in
the [ull.lre wjU) respect to any bond, undertaking or contract of suretyship to which ít i::¡ attached.
IN wlÏ"N'ESS WHgREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAU...·ORNIA hu\'c severa.lly caused
the-sc prCs~ 1t~ to he signed by their re~pcctívc Execulive Vice President arid attesled by th~ir respective. Secretary this 1st day of Fcbn1ary, 2005.
c-- ,~) ~)
""""'11"'111""1.
fo.~' ~"( AND" "~
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"411111111101
By:
",~~''lCli¿
Walter A. Crowell; Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1,2005, before me, Nita G Hifthlcyer. pcrsonally appcared Ua.vid H, Rhodc~ and Walter A. Crowdl, personal1y known ro me (or proved
to me on the basi~ of :>utisfaclùry I:::vid~rlœ) to be the persons whose names arc subscribed to the within h'~tTUment and acknowledgt::d to me that they executed the
same in their authorized cupacit¡t::s~ and that by {heir signatures on the instrument the cntity "PQn behalf ofwhieh the pcr!ion~ acœd, execLlted the instrument,
WITNESS my hand and official seal.
Signature ~ ¿.Iitf-7/A-J
CERTIF1CATE
¡¡..'.... ~~~G~~ti=1R· J1
N01AA'f I'l.lBUC CMJ""""'-"
ORANGe COUNTY
~ . ~ ~ . Mtœmm.0:PI,~~n,~1O:~æ
The undersigned. as Executive Vic¡::-Prc~idcnt, Qf DEVI-::LOPl:!}{S SURETY AND INDEMNITY COMPANY anð INOHMNITi' COMPANY OF
CALIFORNIA, does l1ereby certify that tile foregoing Power of Att(1J" lcy remain!> in fu1l force: and has not been revoked, and furthermore, that the provisions úf
the: rc~ol1,1tí(}n!i of the respeútivt: Boards uf Direcwrs of said COrpOJ'3tjons set fortb ill tile Power of AttOT1)ey, arc in force as ùf the: dale of this Ccrtific.1tC-.
This Certifica.te- is e-~ccut~d in the City of Irvin!::, California, tilt: 27th day of.
(~~~/-- ,
Dy 'D;;;;;d -c~"rigan. Execl1tive viec.prc~--
July
ID-DRO (Rov. 21(5)
2005
'2-IOV~""L
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
County of
Santa Clara
} ss.
State of California
On Jul1.l 27. 2005
Dal.
personally
appeared
before me. Maureen Rarrera..<;. Notaru Pl1blic .
Name and Tltla 01 Officer (e.g., "Jane 008, Notary P-;srIC")
Timothy Starbird
Nama(s) 01 8Igner(s)
CKpersonally known to me
MAUREEN BARRERAS
Commission # 1373283
Notary Public· California
Santa Clara county
My Comm. E'plres Sep 7, 2006
-,.~-----~
~
LJ proved to me- on the basis of satisfactory evidence
to be the person(s) whose name(s) isfare 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 hisfher/thelr
signature(s) on the instrument the person(s). or the
entity upon behalf of which the person(s) acted.
executed the instrument.
Plaœ Not.,ry S~I A!Jú'o'ð
OPTIONAL
Though the information belDw is not rsqulred by law, It may prove va!u8bfe to persons relying on the doc¡)rnent
and could prevBnt fraudulBnt removal and rG8.tt8chment of thIs form to another documsnt.
Description of Attached Document
Title crTypa of Document Rond :..7')n 7 nns
Document Date:
.,__ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Slgner(s)
Slgner's Nama:
n Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
[1 Attorney in Feot
o Trustee
LJ Guardian or Conservator
o Other:
TOp of ihumb hSr8
Signer's Name:
o Individual
n Corporate Officer - Title(s):
D Partner - 0 Limited 0 General
:J Attorney In Fact
[1 TrU$tee
D Guardian or Conservator
o Other:
RIGIIT THUM61'IllN I
OF SIGNER
RIGHT Tt IlIM[]PRINT
OF SIGNER
Tap of thumb 11cre
Signer Is Representing:
Signer Is Representing: _......_
--_.--,..~~,.."
~.-¡v.~,~,~ _Xl';£. ::~~-.,-...!:!i. _y~~y~yU~ ¥ S:II...,_~ -'-'V. ~ ~ !li.OC~
(D 2004 National Notary Association. 9350 De Soto Ave., P,O, 60;1( 24(J,2 . Chat~worth. CA 91313-2402 Item No. S90i R!!!otd~¡,: Call Toll-Free 1-6OO-876-6S27
z -z.. q;~ "2..
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
.,- '~;-.'.,
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"
,
State of California
S~'74
a;A.,
CQunty of
on·J"'/7
:J..J>/ ).COs
~QI&
bafore me,
A I~V/
I,
personally appeared
~ - : -
~
) - -
- - - .... - - -~
ROMEO N. CASTRO
Ccmmi3-s,ion # 1338296 z
Notary Public" Califomia $E
:;;,CUI Cia", County f
My (;Qmrn. Exp¡"", Jon a, 2006
..,......_------
} ss.
-'fo1ñ1,t'é.'i AI. C:t S.to
R.
~m\ gild "fIllR 01 Dffir,lIf ~II,¡¡., "Jan¡¡. Doe. NOlllry Publil1')
¡-¡¡,.or...,
Nam&(B~a SiI n!lr(B¡
,S,personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshe~hey executed
the same in his/her/their authorized
capacity(ies). and that by his/her/their
signature(s) on the Instrument the person(s), or
the entity upon behaif of whiCh the person(s)
acted. executed the instrument.
my hend an~,
OPTIONAL
Though the if/förmatiDn bç¡/()W is 110r requ/((J¡J by law, it may prove valuabl8 to petsMs felying an the daC:UITN¡mt and could pre~nr
fral,Jd(~I~f11 removal and r6attBchmsnt of this form to anotMr dötumfJrit.
\
Description of Attached Document
I·
Title or Type ot Document
Document Date:
,
"
Signer(s) Other Than Named Above;
Capacity(ies) Claimed by Signer
Slgner's Name:
I 0 Individual
o Corporate Officer - Tltie(s):
o Partner - 0 Limited n General
[] Attorney-in·Fact
D T rU$tae
\Iii 0 Guardian or Conservator
I D other
~. Signer Is Representing:
c~%"!Ø"!:d0,g<ª",~,ª~=~.
Number of Pages:
Topo(thumb here
t; 1~!;IJ N~lIonal NoIiIry A8~oc;ill.tion . il3SQ DIiI SOlD Ave., P,Q Box 2402' ChalBwlJrth. CA 91313.24D~ . 1!I1/II\!I.f)8,( MalOOlafY.org
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RESOLUTION NO. - 05
23 %?:/Z-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
..*...***
ACCEPTANCE OF PARKLAND DEDICATION
IN LIEU FEE FOR TRACT 7539
WHEREAS, pursuant to City of Dublin Municipal Code 9.28.020, each residential use shall, as a
Condition to the Approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof,
or a combination of both, for park and/or recreational purposes; and
WHEREAS, in its action on the Vcsting Tcntativc Map for Tract 7441 (PA 02-024) approved via
Planning Commission Resolution No. 03-48 on September 23, 2003, the Planning Commission of the
City of Dublin did determine that a fee in lieu of land dedication for park and recreational facilities is to
be paid, and said fee is to be used for the development of park and recreational facilities within a period of
five years ftom the date of adoption of this resolution to serve the residents of the subject tract; and
WHEREAS, the Developer has paid to the City a remittance amount for Phase II of Tract 7441
(being filed as Tract 7539) as prescribed by the Municipal Code as follows:
Subdivider:
Pfeiffer Ranch Investors II, Inc.
(dba Pinn Brothers Fine Homes, Inc.)
$180,180.00
$107,730.00
$287,910.00
Community Park:
Neighborhood Park:
Total Amount:
WHEREAS, the proposed In Lieu Fee is to be used for the acquisition and/or construction of
Neighborhood and Community Park Facilities in Eastern Dublin;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as
performance of said subdivider's obligation under the Municipal Code.
PASSED, APPROVED AND ADOPTED this 20th day of September, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:\DEVELOP\Sîtvcra Ranch\Tract 7539· Phase 2\resoparkded_7539· Silveria Ranch, PII. 2.doc
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