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HomeMy WebLinkAbout3.4 Hansen Drive Accpt Final Map Tr 4988 CITY OF DUBLIN 00_(do AGENDA STATEMENT MEETING DATE : June 27 , 1983 SUBJECT APPROVAL OF FINAL MAP - TRACT 4988 EXHIBITS ATTACHED Resolution - Acceptance of Final Map; Resolution - Park Land Deposit ; Tract Developer Contract ; Performance Bond; Labor & Materials Bond (Payment ) ; Reduced Copy of Final Map RECOMMENDATAON Approve Resolutions Accepting Final Map Tract 4988 Accept a Deposit In Lieu of Land for Park Land Dedication ( $5 ,000) FINANCIAL STATEMENT: None at this time . Staff ' s time is being paid by developer for processing and inspection. After acceptance of improvements , City, will take on maintenance of Hansen Drive extension. DESCRIPTION Improvement plans and the Final Map for Tract 4988 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by Alameda County (December 1 , 1981 , 8 lots located at the end of Hansen Drive ) . A subdivision agreement , bond and fees have been submitted guaranteeing the construction of improvements within the subject tract . ---------------------------------------------------------------------------- COPIES TO: Developer LZ ITEM NO. RESOLUTION NO. - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- ACCEPTANCE OF FINAL MAP . TRACT NO. 4988 WHEREAS , the Final Map of Tract No. 4988 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 by the City of Dublin; and WHEREAS , the County Tax Collector has certified that there are no liens for unpaid state , county, municipal or local taxes or special assessments collected as taxes and that all state and county, municipal or local taxes or special assessments collected as taxes up to and including fiscal year 1982-83 have been paid; and that the taxes for fiscal year 1983-84 which have not yet been ascertained as to the amount due are secured by Subdivision Tax Bond No. issued by in the amount of ( $ ) ; - WHEREAS , the Developer, Associated Builders has executed and filed with this City Council a contract to improve Tract No. 4988 in accordance with the Final Map of said Tract No. 49883 the Tract Improvement Plans and the specifications attached thereto; and WHEREAS , said contract is secured by a bond in the amount of ( $275 ,000 .00) which, by its terms , is made to inure to the City of Dublin, conditioned upon the performance of said contract ; and WHEREAS , said contract is secured by a bond in the amount of ( $137 , 500 .00) 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 contract ; NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby approved, and the Mayor of this Council be and he is hereby authorized and directed to execute said Contract on behalf of the City of Dublin; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 4988 be and the same is hereby approved; and that Hansen Drive as shown on said map, be and it is hereby accepted as a City Road, subject to improvement in accordance with the approved plans and specifications , in conformity with the terms of the Offer of Dedication; and that those strips of land designated as "P.U.E. " or "Public Utility Easement" , "S .D.E. " or "Storm Drain Easement" , as offered for dedication to public use in conformity with the terms of dedication, be and they are hereby rejected; and that the Clerk of this City Council be and is hereby directed to transmit said map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 27th day of June , 1983. AYES : NOES : ABSENT: Mayor ATTEST: City Clerk a RESOLUTION NO. - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- ACCEPT DEPOSIT IN LIEU - TRACT No. 4988 WHEREAS , pursuant to Section 8-7 . 1 of the Subdivision Ordinance of Alameda County, as adopted by 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 County of Alameda 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 Section 8-7 . 6 of the aforesaid Subdivision Ordinance , furnished by the tract developer and identified as follows : Tract : 4988 Subdivider: Associated Builders Amount : $5 ,000 Tentative Planned Use : Shannon Park, Dublin, CA NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as performance of said subdivider ' s obligation under Section 8-7 . 1 et seq . of the aforesaid Subdivision Ordinance ; and BE IT FURTHER RESOLVED, that the City Engineer of the said City of Dublin is hereby authorized and directed to convey said remittance to the aforesaid named park district upon approval of the Final Map for the aforesaid tract by this City Council . PASSED, APPROVED AND ADOPTED this 27th day of June , 1983. AYES : NOES : ABSENT: ATTEST: Mayor City Clerk CITY OF DUBLIN TRACT DEVELOPER CONTRACT This contract is by and between the City of Dublin, a political subdivision of the State of California , actin by and through its City Council , hereinafter called CITY, and \�Qyjn hereinafter called DEVELOPER. W I T N E S S E T H A. It has been determined by the City Council of the City of Dublin, State of California , that DEVELOPER, as a subdivider, desires to dedicate and improve Tract No. 4988 in accordance with ( 1 ) the requirements and conditions set forth within Alameda County Planning Commission Resolution No. 81-48 adopted on December 1 , 1981 , (2 ) the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the County of Alameda , and ( 3) those certain plans and specifications for the aforesaid development approved by the aforesaid Board of Supervisors and now on file in the office of the City Engineer, City of Dublin, which said plans and specifications are hereby referred to as a more definite and distinct description of the work to be performed under this contract , and are hereby made a part of this contract the same as though fully set forth herein. B. In consideration of the foregoing, and the further consideration of the offers of dedication made by DEVELOPER and acceptance of all such applicable and acceptable offers by CITY, . DEVELOPER agrees to complete the required work within the time hereinafter specified, which consideration is hereby deemed and declared to be in full satisfaction for the performance of all acts and things to be done and performed by DEVELOPER. The DEVELOPER, for himself , his heirs , executors , administrators , successors and/or assigns , hereby promises , covenants and agrees with City that DEVELOPER will honestly and faithfully do and perform the work herein referred to and- will furnish all the labor and material necessary therefor in strict accordance with the aforesaid plans and specifications and the terms of this contract , and upon the completion of the work provided for by the terms of this contract , and upon the completion of the work provided for by the terms of this contract , DEVELOPER will deliver the completed work to GITY' s City Engineer or his authorized representative and will furnish CITY' s City Engineer with one complete reproducible set of the final As-Built Plans showing any and all authorized modifications . C. In consideration of the performance and accomplishment of all the acts and things to be done and performed by DEVELOPER as herein provided , CITY agrees to accept all applicable and acceptable offers of dedication upon the completion of all work as required by this contract . NOW, THEREFORE, IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN CITY AND DEVELOPER AS FOLLOWS : 1 . TIME FOR COMPLETION. DEVELOPER will start the work provided for by this contract within days from and after the date of contract execution by CITY, and shall complete all required work within 365 days from and after the date of execution of this contract by CITY, time being of the essence hereof. 2 . BONDS REQUIRED. DEVELOPER shall furnish CITY with two bonds executed on CITY prescri ed bond forms , said bonds to be (a ) submitted concurrently with and as part of this contract following execution thereof by DEVELOPER, (b) issued by a company duly and legally licensed to conduct a general surety business in the State of California , and (c ) issued in the amount of and for the purposes specified below: a . One bond conditioned upon the Faithful Performance of this contract by DEVELOPER according to the terms and provisions herein, siad bond to be in the penal sum of $275 ,000.00 Page 1 b. One bond conditioned upon the Payment of all claims for labor and materials used or consumed in the performance of this contract , in accordance with any law of the State of California requiring the same and with Title 15 (Commencing with Section 3082 ) of Part 4 of Division 3.- of the Civil Code of the State of California , said bond to be in the penal sum of $137 , 500 .00 . 3 . INSURANCE REQUIRED. DEVELOPER shall furnish CITY with evidence of insurance coverage as specified below, such evidence to be submitted concurrently with and as part of this contract following execution thereof by DEVELOPER. a . Worker ' s Compensation Insurance . Statutory coverage as required to cover the tull 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 e no 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 . Com rehensive Automobile Liability Insurance . Minimum limits of liability shall e no 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 lift 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 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 year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this contract , and any acceptance of the work by CITY will not operate as a release to DEVELOPER or DEVELOPER' s bondsmen from the aforesaid guarantee . 5. INSPECTION OF THE WORK. DEVELOPER shall guarantee free access to City through its CITY Engineer and his designated representative for the safe and convenience inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications , and all such materials and/or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications . 6 . CONTRACT ASSIGNMENT. This contract shall not be assigned by DEVELOPER without the written consent of CITY. 7 . ABANDONMENT OF WORK. If the work to be done under this contract is abandoned , or it this contract 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 contract or is executing this contract in bad faith, the CITY shall have the power to notify DEVELOPER to discontinue Page 2 all work or any part thereof under this contract , and thereupon 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 contract , 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 ot the work by CITY, the use of any or all streets and improvements within the work to be performed under this contract 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 contract , 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 , will proceed to- examine the tract work without delay, and, if found to be in accordance with the aforesaid plans and specifications and this contract , will accept the work and will notify DEVELOPER or his designated agents of such acceptance . 11 . WAGE RATE. DEVELOPER, his prime contractor , and all subcontractors performing the work or any portion thereof: a. shall pay all workmen employed by them on said work a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons , firms or corporations under similar employment , which salary or wage shall not be less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work , and which salary or wage shall be not less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the Department of Industrial Relations , State of California , and which is now on file with the Alameda County Public Works Department and by reference incorporated herein, and made a part hereof; (b) agree and understand that eight hours labor shall constitute a day' s work for any one calendar day on said work, and that no workman employed by them on the work or any part thereof shall be required or permitted to work thereupon more than eight hours in any one calendar day, and forty hours in any one calendar week unless such workman is compensated for all hours worked in excess of eight hours per day or forty hours per week at a rate not less than one and one-half ( 1 1/2) times his basic rate of pay; (c ) shall keep an accurate record showing the names and actual hours worked of all workers employed by him on the said work, which record shall be open at all reasonable hours to the inspection of the First Party or its agents , and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations , his Deputies or agents . Page 3 12 . LABOR CODE PENALTIES . DEVELOPER shall forfeit to CITY, as a penalty , the sum of twenty-five dollars ( $25 .00 ) : (a) for each workman on said work who is required or permitted to labor more than eight hours in any one calendar day or forty hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California ; and (b) for each workman on said work employed for each calendar day, or portion thereof , who is paid less than the said stipulated rates for work done under this contract in violation of the provisions of Article 2 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California . 13 . AFFIRMATIVE ACTION. No discrimination shall be made in the employment of persons under t is contract because of the race , religious creed , color, national origin, ancestry, physical handicap, medical condition, marital status , or sex of such persons , except as provided in Section 1450 of the Labor Code of the State of California . Any violation of this requirement will subject DEVELOPER to all the penalties imposed for a violation of Chapter 1 of Part 7 of Division 2 of the aforesaid Labor Code . 14. PATENT RIGHTS . If any material , composition, process or any other thing as called or or required by the aforesaid plans and specifications is covered by patent rights , copyrights , or trade names , all royalties and expenses therefor, all litigation therefrom, or other things whatsoever which may develop as a cost from the use of such material , composition, process or any other thing which is covered by patent rights , copyrights , or trade names shall be borne solely by DEVELOPER. 15 . ALTERATIONS IN PLANS AND SPECIFICATIONS. Any alteration or alterations made in the plans and speci ications which are a part of this contract or any provision of this contract 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. 16 . LIABILITY. a. DEVELOPER shall be held 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 contract , and for which CITY might be held liable . DEVELOPER shall protect and indemnify the City of Dublin, the City Council , the City Engineer and/or any officer, agent or employee of the CITY, and save them harmless in every way from all suits or actions at law for damage or injury to persons , life or property that may arise or be occasioned in any way because of construction operations or execution of this contract . b. DEVELOPER shall be fully responsible for accidents to the public and/or damage to public and private property on and off the site of the work. C . Neither CITY nor any of its officers , employees , or agents shall be liable to DEVELOPER or his contractors or subcontractors or agents for any error or omission arising out of or in connection with any work or other obligation to be performed under this contract . d . If any design defect in the work of improvements , which may substantially affect public health or safety, or unduly increases ongoing maintenance costs , manifests itself during the course of construction or within one year after acceptance of the improvements , DEVELOPER shall correct the defect at his own cost and expense , and his bondsmen guarantees the same , upon order of CITY' s City Engineer. e . In the event suit is brought upon this contract by CITY and judgement is recovered by CITY, DEVELOPER shall be liable to CITY for court costs and for reasonable attorney ' s fees . Page 4 f . Any action commenced in connection with any alleged violation of this contract shall be deemed to be an action upon a contract , obligation or liability founded upon an instrument in writing , for the purpose of determining the period within which an action must be commenced . Any action hereon shall be filed in a court of competent jurisdiction within Alameda County , as the proper place of venue , and the laws of the State of California shall govern the obligations of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized respective officers , by DEVELOPER this j _7 day of 1983 , and by CITY this day of 1983 . DEVELOPER By 0- APPROVED AS TO FORM CITY OF DUBLIN By By City Attorney Mayor Page 5 BOND NUMBER 1034859 PREMIUM $5500. 00 PERFORMANCE BOND WHEREAS , the City Council of the City of Dublin, State of California , ancIKEVIN D. KENNY & DAVID B. HOjklcreinafter designated as "Principal" ) -have enterect into a -contract un er which Principal is to install and complete certain designated public improvements , identified as project Tract No. 4988 , City of Dublin, State of California , which contract is hereunto annexed and made a part hereof ; and. WHEREAS , said principal is required under the terms of said contract to furnish a bond for the faithful performance of said Contract . NOW THEREFORE , we , the Principal , and A`dgEST SURETY INSURANCE COMPANYa corporation duly authorized to do business in the State ot Ca i ornia , as surety are held and firmly bound unto the City of Dublin hereinafter called ( "City" ) , in the penal sum of lawful money of the United States , ' for the' payment of which lO l(ieand 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 , shall in all things stand to and abide by, and well and truly keep and perform the covenants , conditions and provisions in the said contract and any alteration thereof made as therein provided, on his or their part , to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless County, its officers , agents and employees , as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect . As a part of the obligation secured hereby and in addition to the face amount specified therefor , there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees , incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered . The surety hereby stipulates and agrees that no change , extension of time , alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and said surety does hereby waive notice of any such change , extension of time , alteration or addition to the terms of the contract or to the work or to the specifications . IN WITNESS WHEREOF, this instrument is executed in four counterparts , each one of which shall be deemed an original , by the principal and surety above named, this 21St day of Nom; 1983. (Principal ) KFV N D. KENNY AVID B. HOXIE b.. By ' ;e (Sur ty AMWEST SURETY INSURANC COMPANY STATE OF CALIFORNIA, COUNTY OF_._ .. .-__ ___-,_Santa Clara 55. On June 21, 1983 before me.a Notary Public, within and for the said County and State, personally appeared Cheryl M. Burnand known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Suretv,and his own name as Attorney in Fact. e�ea�caaiexat:esaret;a @19af:s�,cneauncuaezaewaeaeuet3 A nOl~IsLA J. S?OGERS NO , L -CALIFORNIA Z �� des%Y1 P i!.NCIPAL OFFICE IN .r NOTARY PUBLIC `r ! SANTA CLARA COUNTY My Ccmmis:l--n Expires Sept.16,1986 �lt9e1�CHr.Mef...w•..------------------------___-_ AA,,,EST SURETY INSURANCE COWAN. 6301 Owensmouth Avenue, Suite 304 N2 A2 08 9 6 Woodland Hills, California 91367 Telephone 213: 704-1111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That AMWEST SURETY INSURANCE COMPANY,A CALIFORNIA CORPORATION does hereby make, constitute and appoint GARY R. PETERSON—JANICE DRUEZ—DYANNE A. CALAHAN—SHIRLEY - PAIVA—CHERYL M. BURNAND—JOHN E. SAVAGE—SCOTT D. ANSCHULTZ—MARGIE WILSON—CATHERINE THOMPSON—ROCHELLE P. WOESSNER=DONNA J. ROGERS—SUE BROWN—PAMELA SCOTT—WILHELMINA L. SNYDER—G.J. SANDEN—JOSEPH M. PANAR ISI—C HARLAN N E KUCK its true and lawful Attorney(s)-in-Fact,with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto if a seal is required,bonds,undertakings,recognizances or otherwritten obligations in the nature thereof,as follows: CONTRACT, LICENSE, PERMIT, COURT& MISCELLANEOUS BONDS TO $250,000.00 and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provi- sions of the By-Laws of the company, which are now in full force and effect: Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsirni!e lender and by the authority of the following resolutions adop• - ted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president, in conjunction with the secretary orany assistant secre tary,may appoint attorneys-in fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the com' pany to bonds, undertakings, recognizances, and suretyship obligations of all kinds;and said officers may remove w any such attorney-in-fact or agent and•revoke any power of attorney previously granted to such person... RESOLVED FURTHER that any bond undertaking, recognizance,,or suretyship obligation shall be valid ' and binding upon the company (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any yn wi ..4."._ ._ -- secretary or assistant secretary;or ` (ii) when signed by the president or any"vice-president or secretary or assistant secretary,and countersigned r and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent;or (iii)/when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pur- suant to and within the limits of the authority evidenced by the power, of attorney issued by the company to'such J person or persons. y` „ _.:..." r• RESOLVED FURTHER that the signature of any authorized officer and_the seal of the company,may be., affixed by facsimile'to.any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company;and such signature and seal . when soused shall have the same force and effect as though manually affixed. ' IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to-be-signed by its proper officer, and its corporate seal to be hereunto affixed this 17th day of S=D eTPber 19—E1.. 'o "_Sup, A WEST SURETY INSURANCE COMPANY 5 F� . LOP POaq, -0 a� 2 -• f� �Z ' " res a t M4` 1 l9�~ _/ / C4(f R%1" Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss On this 17thday of September A.D., 19-31, personally came before me Richar- H. Savage and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL 1 DYANNE A. CALARAN i NOTARY PUBLIC-CALIFORNIA (SEAL) PRINCIPAL OFFICE IN LOS ANGELES COUNTY Notary Public My Commission Exp. Mar.29, 1955 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at San Jose, Calif. this 21st day of June lg 83 SVP�,v INSUg4+ ` co AW-2 + Fa Secretary C�l,lOPN\' �u..ilr�3R 1034859 PAYtIENT BOND ( Labor & Materials ) WHEREAS , the City Council of the City of Dublin, State of California , and KEVIN D. KENNY & DAVID B. HOXIE (hereinafter designated as "Principal" ) have entete-0 into a cuntract uncTer which Principal is to install and complete certain designated public improvements , identified as project Tract No . 4988 , City of Dublin, State of California, which contract is hereunto annexeu and made a part hereof ; and WHEREAS , under the terms of said contract , Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Dublin to secure the claims to which reference is made in Title 15 (Commencing with Section 3082 ) of Part 4 of Division 3 of the Civil Code of the State of California . NOW THEREFORE, we the Principal , and AMWEST SURETY INSURANCE COMPANY a corporation duly authorized to do business in the State of California , as surety, are held and firmly bound unto the City of Dublin and unto 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 sum of for materials furnished or labor thereon of any kind, or fct a ' nti ' due under the Unemployment Insurance Act with respect to such work or labor , and unto the Franchise Tax Board of the State of California , that siad surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond , will pay , in addition to the face amount thereof , costs and reasonable expenses and fees , including reasonable attorney ' s fees , incurred by said City of Dublin in successfully enforcing such obligation, to be awarded and fixed by the court , and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons , companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 ) of Part 4 of Division 3 of the Civil Code so 'as to , give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed , then this obligation shall become null and void, otherwise it shall be and remain in full force and effect . The surety hereby stipulates and agrees that no change , extension of time , alteration or 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 change , extension, alteration or addition. IN WITNESS WHEREOF this instrument is executed in four counterparts , each one of which shall be deemed an original , and surety above named , this 21st day of JUNE 1983 . (Principal ) KEVIN D. KENNY AND DAVID B. HOXIE By ; % :(,0 ! , - C_ _ o -z-£., ( Sure,ty) 1 AMWF.ST SURETY MSURANCR COMPANY STATE OF CALIFORNIA, COUNTY OF Santa Clara SS. June 21, 1983 On _ __._ , before.me a Notary Public, within and for the said County and State, personally appeared Cheryl M. Burnand known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed R. �ra91 t r�N 4 ItWE,S 1oaS�LtR eli :INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. ; �iO ;,aA J. ROGr`RS trbr,. v0- .I1','PUBLiGCALIFCRNIA1 4Ft;�::r•;,Sq"`;r F R'N"CIPAL OFFICE IN NOTARY PUBLIC S:'vVTA CLAf7A COUNTY IMy Comm;93ton Ezpin:o Sept.16,1986 eeiuuclaa[9TJU aaa n2 US I can11311nan"311aa/ "CU[A TRACT 49 8 8 CITY OF DUBLIN PROPERTY DESCRIPTION OWNER'S CERTIFICATE P L E A S A N TO N TOWNSHIP, A L A M E D A 'MACE 4988, City of Dublin, Pleasanton Township, Alameda Canty, Calif- ornia,' is a subdivision into Lots of Paroel B, as sown on Parcel Map 1168, The undersigned. Kevin D. Kenny, David S. Etxie, i Joan Hceie, hereinafter COUNTY CALIFORNIA Pleasanton Tow whip, Alameda Canty, California, filed September 13, 1973, referred to as owners, hereby certify that they are the owners of all the lad* in Book 80 of Maps, page 21, Alameda County Records, conveyed to Beratlis- and easem.ta delineated and embraced within the exterior boundary upon the herein A L M A D E N VALLEY ENGINEERS Byrd Enterprises Inc. by Grant Deed recorded September 21, 1979, on Reel 5589, embodied Final Map entitled'Tract No. 4988, Pleasanton To—ship, City of Dublin, Image 397, Series No. 78-183283• Alameda County Records. a Almeda County California', consisting of two (2) sheets, this certificate being CIVIL ENGINEERS upon sheet On' (1) thereof: That they lave mused said map to be prepared for record and ctrhaen ak a That t to the making d filing thereof: at said cop particularly SAN JOSE, CALIFORNIA sets forth and describes all lots intended for sale by block and number and their pre.tise length and width: That said map particularly sets forth and describe. . CITY ENGINEER'S CERTIFICATE the parcels of ground reserved for public purpcsea by their boundaries, courses _ -,FiC1A1.SEnL and extent: That said parcela of grou nd so reserved for public purposes are inter i•`a�.�ct?gE.I 1 PxvE�+a ded for uses and purposes of public highways and is designated as Hansen Drive. ,-r"v�� ••••tier • • I• Ise S. TTx.ptr,, City Engineer for the City of Dblin, Alarieda county, �.-�� «,r,,,,v+�aA a•:et California, do hereby certify that I haw axon iced ve herein embodied [case asp Md the undersigned do hereby dedirate the parcel of ground lying within entitled'Tract 1988, City of Dublin, Pleaaantm Ttnnship, Alameda County Calif- the borwhrles of said Hansen Drive as eo dcelgated, oellneat.ed and embraced nknia' axutsting of 2 sheets, nmte,ed Sheet 1 through Sleet 2 inclusively, this within the exterior boundary upon the herein embodied Final Map, to the public ACKNOWLEDGEMENT — OWNER oert ificate being ups Sleet I thereof: Tta[ the sbdiv ision as shown L.q=said forever for the uses and purposes of public highway*. map is substantially the same m sand subdivie ion appeared on the tentative map and arty approved alteration thereof; that all provisions of the subdivision map And the undersigned to hereby dedicate to the public forever the right to State of California 1 act of the State of California, and amendments thereto and of any Local ordinance construct and mints in in store drains with their appurteraroes up , in and under County of Alameda 1 SS applicable at the time of approval of the tentative neap lave been complied with the stripe of land shown upon said map and designated 'Store Drain Easement' or �.` and I m satisfied that the cop is technically correct. In witness wfermof, I 'S.D.E.' there'", all as embraced within the exterior boundary upon acid map: On this L-�"II day of juN6 , 1983, before the undersiged, a rotary haw set ry hand this day of , 19_ the right to enter upon said strip.of lad for the purpose of instructing, public in and for said sun and state, reconstructing, maintaining, or repairing said storm drains with their appurta- by personally ne na appeared subscribed David B. Marie and Joan)lo:kie, known to m to a these persons M,oee rams tee subecr ibed to the within an0e.. instrument and a[]tlnOw to ma that they 1«egad they executed the same. I—S. Tl,avptrn And the undersigned do hereby dedicate to the public forever the right to In Witness%hereof, I have hereunto set my fwd and affixed my official City Engineer for the City of Dbllnn construct and maintain public utilities and all app,teraroes thereto under, on seal, the day and year in this certificate first atom written. Stara of California and over [home strip of land shown upon said map, designated'Public Utility R.C.E. No. Faaement' or 'P.U.E.' thereon as embraced within the the exterior boridsry upon *y Commission Expires acid map and the right to enter upon said strip of land for the purpose of core structing and maintaining public utilities and their app, terwsrnces. Jk.E_y 22, (48�j F-A-(,ky n.7C� an lAJ Notary Public t�^w and for Canty of And the.undersigned do hereby grant and convey title in fee simple to the Ards. State of California City of Dublin, a municipal corporation, the five (5) foot wide parcel of land - designated as Lot Iot 'A' as shown within the exterior boundary lire upon said map. - p Said parcel(s) are to be�ae public street upon acceptance by the City of Dublin a CIVIL ENGINEERS CERTIFICATE of the extension aQOes said parcel of the roadmy upon which they abut. TRUSTEES CERTIFICATE I, John D. Williams, cub hereby certify that I m the Registered Civil Engin- In Witresa ixhereof, said Owner has caused this certification to tx erasortned Chicago Title Inau,arx.Crngaxy, A Mlseoai Corporation, trustees viler eer responsible for the survey from which the herein embodied Final Map entitled this /j-hi day i4 reof s 1983. the D®Or TRUST reeocded April 6, 1982 on series 'TSYC.T 1988, City of Dublin, Pleasanton Tbwrship, Alameda Canty, California'. No. 82-054608 and 82-051609, Official Records o County, hereby car consisting of two (2) sheets, this certificate being upon Sleet 1 thereof, has sents to the oiling of the map and joins in the offers of dedication made been prepared and that I m responsible for said final map: that the date of said heCeon. survey was June, 1982 and was made under my direction: that said survey is true and complete as shwa, that the boundary aommnts are of the character and occupy Vln O. Keen the pomitions indicated on this map and have been set) that street morxments will Y be met within 2 ywar*of the remrdinq of this map and that said corona r nts will In witness%hemot, said firers have caused this certification to be executed Bfi BY: be sufticfent to enable the survey to be retraced. this /3+,, day of .1" r , 1983. Qa.+w.�m.r Signed this (Z�day of LI—ye- 1983. o TpQfESShpy,, ?�+% ■ff,, ACKNOWLEDGEMENT—TRUSTEE i4n oow N o :¢ Ia d BHcxie r F s= Joan Haxie state of California ) - � M0.C 18612 mm "vl SEAL County OC Alanadm ) `��• - It SS F GFFICIAL SF n;, 2DISE'n 1 yPEm oeM this day of 1//�F . In ve yeet 1983, be(are sa CAL:r. men.n �. uti�..e..as a w d a Notary Rblie in and fa said County end Stan., pe�y OF \F y w m,:,.w...,.vwa a.ten --- appeared Fl , and known to -------^^— me to be the ,T^^T. ref ARV and tti°°rpnr' RECORDERS CERTIFICATE ACKNOACKNOWLEDGEMENT — 0 W N E at ion that executed the foeg�tement, and also known to me to be tle per- WLEDGEMENT SEAL stria wtu executed it on behalf of such corporation and acuorledged to me that S "EmT h PiPE4 ry such corporation executed the same. Filed this_day of 19 , at s.• in Book of �..��` •� '•+ Map, at page_, at the request of A fmaden Valley Engineers, in the o[ftoe State of California ) �4?.•`+ w µa eyed In Witness%Qereof, I hereunto set my hand and affixed ry official seal, the of the County Recorder of the Cnunry of Alameda. State of California. SERIFS Canty of Alameda ) _ day and year in the certificate first above written. 40. ' On this /,�,1 day of jamig , 1983• before the undersigned. a rotary In Witness Whereof, I have hereunto set my hard this day of public in and for said county and state, personally appeared Kevin D. Kenny, ° N(3 rr"c ///((( 19_ bTi^HON G.DµEVER- known to me to be the pereon whose rime is sui ibed to the within instrument �: ire"' a FIE and he aeknawiebged to t that he executed the same. hub Public o—C. Cavider - . Canty Recorder in and for the County of In Witness%hereof, I have hereunto set my hard and affixed my official Alameda. State of California v seal, the day and year in this certificate first above written. My Ccamisaion Expires /-) ./I / , i SOIL AND GEOLOGICAL REPORT s� TRACT 4988 CITY OF DUBLIN PLEASANTON TOWNSHIP, ALAMEDA CITY CLERKS CERTIFICATE COUNTY, CALIFORNIA ALMADEN VALLEY ENGINEERS CIVIL ENGINEERS 1, RICHARD C. A11ROSE, CITY CLOW CF TIM CITY CF DUBLIN. CM*M OF ALAMEDA, SIIATE SCALE-:1.40' OF CALIFOENIA. DO HEREBY CERTIFY THAT THE I42£IN EMBODIED MAP ENTITLED"fA11CT NO. JOSE.CALIF 0 R N I A 4988, CITY OF DCBLIN, ALV4'2EA CCLWY, C2ILI PDR NIA', CONSISTING CF 2 (r." SIf£IS, Fund and replaced THIS CEECIFICATE BEING UPON SHEYr TMD TIUC F, %AS WISENI D TO SAID CITY COLWIL disturbed 2' x 2' NOVEMBER I, 1982 AS PROVIDED BY LAM AT A REIJIAR MEETING THEEEC7F IEID ON THE OAY CF i-- DUxgla Fir Stake i , 19 AND THAT SAID CITY CaNCIL DID rF10JFLN, BY RE90LL1TICN MJ. ve. - _ .�.c..n•'- Tack. / LIW PASSED AMID ADOPTED AT SAID MG3.T717G, AFI'ROJED SAID MAP. AND KCEP'1FD CN[iEI1/CIPI 00o w- i QE•TFE RELIC Il£DETER OF CEDICKT10N OF LIVID CfSIC2AI4D AS HANSEN DRIVE STBIIiT •Rios a% /ei 7 TO DGDSVCVEMENT IN51 I+NiL37.(F IONS AN AS�FICIU104S FEE Yd751 00 E '1 1; A" IN CONFORUTT .---�7' ,5_J3 �� 46'� i,TTH TORS OF TEE OFFER OF DEDICATION, AM DID WJEC1'ON 802 AIF CF'TIE RELIC TIM .7.96 �.+.4,74 2 OETTR OF DMICATIC H OF TVCM STRIPS CF LAND DESIGNATED AS 'MOM D IN FASEM?r :•-'1567 �, OR'S.D.E.-, AND'RELIC IITILST2 EASEMENT-OR-P.U.E.•. � 2 ^- at w ° IN WITNESS TFE3EO1, I HAVE HF3�TMO SET MY IvVD THIS_ax OF 1 i J 3 '^ t E, �'• / -0 RICIA D C. M6IUM, CITY CEM CF TIE CITY .Lo.E. ,'°v •� ,$ •r :' p: 56� ' OF IOALIN, (111trIY(F A[NESa1, STATE Cr �•'It / a •p0. CALIFVMA. 77.5 • Na.� 1 i [OT,n r li.ti R-503.42 a�2J♦9J4 t-LOf-to 211_ J • __`ra 4i 6a v 4 1 y o It•S 3=SO 60'wi0E ROADWAY •Neil' /S9;JJ IVSE IV CLERK OF THE BOARD OF • EAJEMEN7 - I R5r44' a•j4aJ'""`' ° \ \ CERTIFICATE SUPERVISOR'S r 7!-/Y/63J 4 h' •� .. - .-a„ �G_LJ 48'2 1 L•2J/.1-9 T4.01.-C �/j —_ _ Il�.t� — —:e't �£J 1j_-C.76.65 -'d.O afD.f-O�C.74.5J-- P 2�,1� \ �L ax 777 BE A' 1) ASANOONEO I. MILLWI M¢NR•EIN, CLERK CF TIE WARD OF SWO'S ESOS OF THE axim CF ALAA mk, '•' % �,i ,,,i v °:\.� - STATE CF CL,LIELMIA, DO HEREBY CERTIFY AS CEL=BFUU. THAT T, C] AN APPROVED BOND HAS BF7N FILED WITH THE STJPERVISOPS elf THE SAID CJ-tM `^ 5 •� ~ 6 W 7 'Oa:. 8 V,p;•� °+ AND STATE IN THE AMCLW CF S QNLITI(NED EQR THE I'AY24.`7f(F °I a'I h '� •y : E I E v+ \ ALL THUS AND SPECIAL ASSES0494I5 MILE=AS TAXES 7MICH APE NOT'A • •O h LIEN AGAINST SAIL LAND CR ANY PARC THERcZF EAVr llTr YET PAYABLE, AND 1'AS "" o AI o. . DULY APPREASE BY SAID BOARD IN SAIC AM:)L TI' ❑ ALL TARES AND SPECIAL ASSF:SSMQ+IS 0 11r=AS TAXES HAVE BEEN PAID AS o , y (FRS'IFIED BY TI£TAFA;1RffR-TA7(COLLOC1'(7P OT THE CDLNIY Cr AIN1mll. M Al ^ �' 2 IN WITNESS MER£CF, I HAVE MCLNID SET kY HAND THIS DAY Cr , 19 96.61 NB920 D,w I39.61 _ .IILLYC PEnWIN. CLERK(F TIE EICHPD CF SUPERVISORS C TM CF AIJMFDA, STATE ( ' Fond and replaced old. - 2' x 2' Redwood Hub. By DERM LEGEND: BASIS OF BEARINGS= -� Exterior Boundary Lira. (� The monument lire on PEW EiAY from HA S N DRIVE southerly vas taken a• * V Fond Alameda County Standard Concrete Mon.ax nt. N 28.20'00•M as sho,n on TRAIT MAP 25)4, filed August 25, 1964 in Book 49 of EbP, Pages 6 through 9, Alameda County Reoords. OO .e[Alameda County Standard(knczete MtxNment.