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HomeMy WebLinkAboutItem 4.06 Final Map Dublin Meadows (2) 4io-56 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: January 22, 1990 SUBJECT: Acceptance of Final Map, Tract 5883 "Dublin Meadows" (JL Construction) Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Resolution Accepting Final Map 2). Resolution Accepting Parkland In-Lieu Fee 3) Tract Developer Contract 4) Performance Bond and Labor and Materials Bond 5) Location Map RECOMMENDATION: dopt Resolution Accepting Final Map for Tract 5883 and authorizing Mayor to execute agreement; adopt Resolution accepting parkland in-lieu fee. FINANCIAL STATEMENT- Parkland in-lieu fee in the amount of $648,776.27 has been received. Staff's time for processing and inspection of the subdivision is being paid for by the developers. DESCRIPTION: Tract 5883, "Dublin Meadows," is a 206-unit condominium development located on Amador Valley Boulevard between Dougherty Road and Stagecoach Road, adjacent to the existing "Heritage Commons" development. The developer of the project is JL Construction. This subdivision is a one-lot Tract subdivided for condominium purposes. All of the utility, storm drain, and emergency vehicle access easements are indicated on the plan and offered for dedication. There are no public streets within this Tract. Staff has reviewed the Final Map and Improvement Plans for Tract 5883 and found them to be in accordance with the Tentative Map. The developer has submitted the proper bonds and insurance certification. The developer has also submitted a parkland in-lieu fee of $648,776.27. Staff recommends that the City Council adopt Resolutions Exhibits 1 and 2. ---------------------------------------------------------------------------- ITEM NO. COPIES TO: JL Construction RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- ACCEPTANCE OF FINAL MAP ' TRACT NO. 5883 WHEREAS, the Final Map of Tract No. 5883 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, Dublin Meadows Partners, has executed and filed with the City of Dublin contracts to improve Tract No. 5883 in accordance with the Final Map of said Tract No. 5883, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said Contract is secured by a bond in the amount of $1,542,600 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 $771,300, 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. 5883 be and the same is hereby approved; and that those strips of land designated as "P.U.E. " or "Public Utility Easement, " "S.S.E." or "Sanitary Sewer Easement," "S.D.E. " or "Storm Drain Easement, " W.L.E." or "Water Line 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 accepted; 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 22nd day of January, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk *RES6W11C0J AWEPTiNC,.ROA.:. MAP RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- ACCEPTING PARKLAND IN-LIEU FEE TRACT 5883 WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance of Alameda County, as adopted and amended by Ordinance No. 19-83 and Resolution No. 74-83 of the City of Dublin, each subdivider of land classified by the Alameda County Zoning Ordinance for 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 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 that a fee in lieu of land dedication for park and recreational facilities is to be paid, said 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 Resolution No. 74-83, furnished by the tract developer and identified as follows: Tract: 5883 Subdivider: Dublin Meadows Partners Amount: $648,776.27 Tentative Planned Use: Alamo Creek Park and/or Dublin High School Football Field Renovation and/or Dublin High School Baseball Field Renovation and/or Dublin High School Tennis Court Renovation. 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 as amended by Ordinance No. 19-83 and Resolution No. 74-83; and BE IT FURTHER RESOLVED that the City Engineer of the City of Dublin is hereby authorized and directed to convey said remittance to the Finance Director upon approval of the Final Map for the aforesaid tract by this City Council. PASSED, APPROVED, AND ADOPTED this 22nd day of January, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk - - ' H ' IT A"F 1 26"" 1Z )Ut I AMEP A)d N-WEIA REF CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this 8th day of January, 1990, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and Dublin Meadows Partners, 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 5883 in accordance with the requirements and conditions set forth within the City of Dublin City Council Resolution No. 33-89 adopted on March 27, 1989; 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 Public Works Director/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 $1,542,600. 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 $771,300. 3. Insurance Required. Concurrently with the execution of this Agreement, Developer shall furnish City with evidence of insurance coverage as specified below. ` 5 m { 4i ZF -T2ACT 'DEVELo v- CoN-re T 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. 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 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 Public Works Director/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 -2- 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. 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 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. -3- r 13. 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 arid/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. 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 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 DEVELOPE Du Mea&A ar e By U U -4- • ••' it ' - .,'.:: '.. .. , C t' Tz CORPORATE ACKNOWLEDGMENT No X2 State of On this the It! day of _19 9v,betore me, SS. County of �► :4 05!�.�-C�- the undersigned Notary Public,personally appeared �1 g,rvA.L 5 L. [Kersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who execut d the within instrument as +n OFFICIAL SEAL r on behalf of the corporation therein ROSALIE ROTA named,and acknow4Aged to me that the corporation executed it. m NOTAR'r f'•:31.1C • '=ALIFORNIA WITNES y hand and official seal. sSM DIEGO COUNTY •, «� My comm. expires MAY 14, 1593 No ry's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIRCATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 7120 019 NATIONAL NOTARY ASSOCIATION•6236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304.7184 7. a BOND E ECUTED IN FOUR ""IGINAL COUNTER—PARTS" BOND _ iMBER: SUR 09 53 08 PREMIUM: $26139.00" PERFORMANCE BOND WHEREAS, the City Council of the City of Dublin, State of California, and JL CONSTRUCTION COMPANY (hereinafter designated as "Principal") have entered into eL contract under which YriilcipaLl is to install and complete.certain designated public improvements, identified as project Tract No.5883 ,' City of Dublin, State of California, which eontract is hereunto annexed and made a part hereof; and -. wHEP,F_A9, s4id principal is required under the terms of said contract to furnish a bond for the faithful pgrformance of said Contract. NOW, THEREFORE, we, the Principal, .and GOLDEN EAGLE INSURANCE COMPANY a corporation duly authors;ed ;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 swop of $ 1,542,600.00 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 presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or•assigns, shell -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; otherwLse 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 $hall bs included costs and reasonable expenses and fees, including reasonable attort►ay's fees, incurred by City in aucce5sfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. t . The surety horoby 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 bona, and said surety does hereby waive r<otice. pf any such change, extension of time, alteration or addition to the terms of the eontraot or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counter arts, each one of which shall be deemed an original, by the pri ipal and surety above named, this 11th day of JANUARY 1138 1p90 (Principal JL ST TIO PANY y: (Surat GLE URANCE COMPANY TA BRO , ATTORNEY-IN-FACT The foregoing bond was in open Council accepted and approved this day of Mayor City of Dublin, State of California ry §: �- ACKNOWLEDGEMENT OF SURETY _ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 11th DAY OF JANUARY 1990 BEFORE ME PERSONALLY APPEARED ROBERTA BROXMEIER , KNOWN TO ME TO BE(Gff E5xMVE GjgxR4E)EW?8{W8AT6FMT EV0ENGL�THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TOME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. OFFICIAL SEAL SUR-59-88 ERIN HEBERT NOTARY PUBLIC-CALIFORNIA I:_ IC PRINCIPAL OFFICE!N SAN DIEGO CCUNTY My Comm.Exp.Aug ,1.1992 GC1 EAGLE IlNSIIiAN E DDI)kW EXECU 1w OFFICES ' . San Diego, Cal ifocuia PCWER OF AT1C>O" K" ALL MEN BY THESE PRESFNiS, That the Golden Eagle Insurance Conpany, a Corporation duly orgpnized and existing under the laws of the State of California, having its principal office in the City of San Diegp, California does hereby nominate, constitute and appoint: —> ROBERTA BRO}KIER of San Diegp, California <— its true and lawful agent and attorney-in-fact, to make, execute, seal ani deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal stun of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds five million dollars ($5,000,000). 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 Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amen" 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 re%ole the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-In-Fact may be given full power to execute for and in the name of and on behalf of.the Company wry 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 binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHERECF, the said Golden Eagle Insurance Compa W has caused these presents to be executed by its officer, with its corporate seal affixed. this April 4, 1989 tDi ME SPAIE OF CALIFORNIA SS: OOUNIY OF SAN DIEGO By: � Mi ael E. Jam President (h this 4th day of April, 198.9 before the subscriber, a Notary blic of the State o California, in and for the County of San Diego. duly oaQ mioned and qualified, came Michael E. James, si t, of GOLDEN EACLE INSURANCE OCHPANY, to me personally knoc�n to be the individual and officer described, and who executed the preceding instrument and he acknowledged the execution of the saw, and being by me duly sworn, deposeth and saith, that he is the said officer of the Canpanry aforesaid,- and that the seal affixed to the preceding instrument is the Corporate Seal of the said Caupany, 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 WEE DF, I have hereunto set my hand and affixed my Official Seal, at the City of Sac Diego, the day. aanl (l and jefaor first above written. Sr= Cf LUDR41A �'; ti- OI i1C1A '.-AL COUNTY OF SAN DIEGO SUSAN A KELLER NOTARY PUBLIC-CALIFORNIA • Notary Public '! SAN DIEGO COUNTY NY &M. EXP. OCT. 1,1990 I the undersigned, Larry G. Mai den Eagle Insurance Oanpany, do hereby certify that the original POWER CF AITORNE)l, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHERECF, I have hereunto subscribed my name as Secretary, and Corporate Seal of the Corporation, this 11th daps of JANUARY 19 90 LARRY G. MAEEE Secretary "BOND EXECUTED IN FOUT 'IGINAh COUNTERPARTS" POND NUMBER: SUR 09 53 08 PREMIUM: INCLUDED PAYMENT POND (Labor & Materials) WHEREAS, the City Council of the City of Dublin, State of California, and JL CONSTRUCTION COMPANY (hereinafter designated As "Principal") have entered into a contract under which Principal is to install and complota certain designated public improvements, -Identified As project Tract No. 5883 , 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 SQcure 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 tha Principal, and GOLDEN EAGLE INSURANCE COMPANY e 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 all 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 sun of $ 771,300.00 for 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 tiad surety will pay the same in an amount not exceeding the amount hereinabove get 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 thia 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 addition 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 changa, extension, alteration or addition. IN WITNESS WHEREOF this instrument Is executed in four counterpar , each one of which shall be deemed an original, and surety ve amed, this th day of JANUARY , $A)M.1990 (Principal) NS RUC ON By (Surety) L EN E URANCE COMPANY ROBERTA BROXM IER, TTORNEY-IN-FACT The foregoing bond was in open Council accepted and approved this day of 1981. Mayor City of Dublin, State of California - ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA - COUNTY OF SAN DIEGO ON THIS 11th DAY OF JANUARY 1990 BEFORE ME PERSONALLY APPEARED ROBERTA BROXMEIER , KNOWN TO ME TO BE(OWIRROVWXOMS (KlNI&,ei6ISFA( 1VMTHE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. n OFFICIAL SEAL �i ERIN HEBER7 NOTARY P'JBLIC-CALIFORNIA PRINCIPAL OFFICE IN SUR-59-88 �cr✓s• SAN DIEGO COUNTY � �' My Comm.Exp.Aug.11.1992 GC1 EAGI Il SURAME,OOMMW EMTfiVE OFFICES ' San Diegp. Califamia PO CH OF ATMW IM ALL MEN BY THESE PRESFNIS, That the Golden Eagle Insuranme Conpany, a Corporation duly organized and existing under the lases of the State of California, having its principal office in the City of San DieW. California does hereby nominate, constitute and appoint: —> RDEEM BRUMIER of San Diega, California <— its true and lawful agent and attorney-in-Pact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not e)ceed the sum of ary and all bonds and undertakings, provided the amamt of no one bond or undertaking exceeds five million collars ($5,000,000). 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 Golden Eagle Insurame Conpany at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and couplete 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 ary time remove such Attorneys-In-Fact and revolae the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-In-Fact may be given full power to execute for and in the name of and on behalf of•the ConpaV ary and all bonds and undertakings as the business of the Company may require, and ary such bonds or undertakings executed by ary such Attorney-In-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHFRECF, the said Golden Eagle Insurance ConparW has caused these presents to be executed by its officer, with its corporate seal affixed. this April 4, 1989 GG01M EAGLE STAE OF CALIFORNIA COLM OF SAN DIEGO SS: Vblic ael E. Jam , President On this 4th day of April, 1989 before the subscriber, a Notary of the State o California, in and for the County of San Diego, duly danm�ssioned and qualified, came MidBel E. Janes, -esi t, of COMIN EACLE iNStk2AWE COMP , to me personally known to be the individual and officer described and s�o executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, ddeposeth and saith, that he is the said officer of the Company aforesaid,' and that the seal affixed to the preceding instrunent is the Corporate Seal of the said Company, and that the said Corporate Seal and his sig tore as such officer were duly affimd.and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WfYMF, I have hereunto set my hard and affixed my Official Seal; at the City of San Diego, the Clay and year first abode written. STATE CF CALIFORNIA �. A COUM OF SAN DIEGO of ICIAL ycA� �� r�J NOTARY rP'UBLIC•CALIFORNIA SAN DIEGO COUNTY Notary Public F§� . EXP. OCT. 1,1990 I the undersigned, Larry G. Mai den Eagle Insurance Conpany, do hereby certify that the origiml POWER OF AM MY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revaced. IN WITNESS WHEREOF, I have hereunto subscribed ;ny name as Secretary, and tl Corporate Seal of the C wration, this 11th day of JANUARY 19 90 LARRY G. h1AIEE Secretary DUCE o :• n ,�•,., O aO�011 rnM 1 � \ O Or ❑n 0 la S AeQ� �y1 P E� tr /a Ta" S � CAMP PARKS MILITARY RESERVA sr- '• •tea r U.S. OF. it CAMP PARKS MILITARY RESERV• c ca t+ ,a •'o of I.S.RAT.AEI t O SPAC[ t 4 SEE BE�QyY- � ,c WELLS 8 INTERMEDIATE SCHOOL �• / JCAL c �n b.t,• CRONIN w ELEMENTARY SCHOOL t �• D• tft.� R. 0• ' DYAIIM M[r• u. SAN RAMON to LAO a IT s[RVlas ONTRICT : arm :r. I 1 5 C�.ID o•RT[• LoCA-viiom MAP CITY