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HomeMy WebLinkAbout4.11 Replace Agreement Tract 4719 (� 00-&0 1 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 14 , 1985 SUBJECT: Replacement of Agreement and Securities for Tract 4719 by Two Separate Agreements and Securities EXHIBITS ATTACHED: 1. Letter from Ronald Nahas 2 . Tract Developer Agreement Tract 4719 - Phase. l (Stagecoach Road and major offsite work) along with new bonds 3 . Tract Developer Agreement - Tract 4719 - Phase 2 ( In-tract Improvements ) along with new bonds RECOMMENDATION: Approve the two Tract Developer Agreements for Tract 4719 replacing the existing single agreement for the same improvements . FINANCIAL STATEMENT: No cost to City. DESCRIPTION: Larry Lee had originally entered into an agreement with the City for all the improvements within Tract 4719 which included 150 single family units and one lot which was allowed to further develop into 555 condominium units . The condominium area was subsequently sold to Rafanelli and Nahas and the 150 single family units sold to Beck Properties . The responsibility for the improvements related to these two developments have passed on to the new developers, however, Mr. Lee has still funded the securities . The Amador Lakes project and its public improvements are nearly completed and the Beck improvements are just now under way again. This split into two agreements will allow the near completed Stagecoach Road together with street landscaping and the offsite utilities from Stagecoach Road to be accepted far in advance of the improvements interior to the 150 lots . As the Stagecoach improvements are now being used by the public, it is appropriate to accept these improvements as soon as the landscaping is completed. ----------------------------------------------------------------- ITEM NO. / COPIES TO: Larry Lee Rafanelli/Nahas Beck Development T Rafanelli and Nahas Real Estate Development June 18, 1985 Mr. Lee Thompson City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Lee: Enclosed are the revised Subdivider Agreements splitting the improvements in Tract 4719 into two agreements. Phase I includes Stagecoach Read from Alcosta to Amador Valley Boulevard. Phase II includes the improvements within the individual single family lot tracts, Units I through IV. You are currently holding security in the amount of $316,000 in the form of a letter of credit from Security Bank. This is providing security for Unit III for faithful performance and labor and materials. In the attached Exhibit, I have simply taken the $316,000 and assigned two thirds of it to faithful performance and one third to labor and materials. I have enclosed the engineer's breakdown for the balance of the improvement costs, which total the amount of the current faithful performance bond - $2,767,245.00. I have not verified the estimated construction costs on Unit III, as that apparently was resolved with Dublin Hills prior to this current proposal. Clearly, Lee, there is more than adequate security for the work that is remaining to be done. If this all seems satisfactory to you, please let me know. We will secure the necessary signatures and revise bonds. Lee, I have also attached a check in the amount of $1,000 as a deposit on the Alamo Creek parcel map review. Cor#ially, Ronald C. Nahas RCN/morn Enc. CC: Jim Ferguson Larry Lee Mark Rafanelli Richard Taggi 20638 PATIO DRIVE,CASTRO VALLEY,CA 94546 (415)537-0486 1 7 T CITY OF DUBLIN TRACT DEVELOPER AGREEMENT TRACT 4719 - PHASE 1 This Agreement is made and entered into this day of 1985, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Larry C.Y.-Lee, 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 4719 in accordance with the requirements and conditions set forth within the City of Dublin (Alameda County Planning Commission Tract 4719, 1486th Zoning Unit) adopted on July 20, 1981, the requirements of the Subdivision Man Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by said City Council, and now on file in the office of the City Engineer, which axe 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, on December 12, 1983, Developer entered into a Subdivision Agreement with the City providing for Developer's performance in the above Tract; and whereas Developer has completed and now wishes to offer for acceptance certain of the improvements which include grading, streets, drainage and.utilities in Stagecoach Road (Phase 1 improvements) prior to completion of certain other improvements (Phase 2 improvements) . 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. Separate Agreements. Developer and City shall simultaneously enter into separate Tract Developer Agreements for the Phase 1 and Phase 2 improvements as shown on Emhibit A. 2. Completion Time. Developer will complete the work required by this Agreement within a timely manner following the date on which t -2- City executes this Agreement. Developer shall complete said work not later than 6 months following said date of execution. Time is of the essence in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as-built plans, including any authorized modifications. 3. Security Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with bonds securing faithful performance and labor and materials. Such bonds shall be in a form prescribed by City, and shall be issued by Reliance Insurance Company, or such other major financial institution as may be approved by City. The bond shall become a part of this Aareement. A bond shall be conditioned upon the faithful performance of this Agreement. The bond shall be in the sum of 51,017,149. A bond conditioned upon cayment of all claims for labor and materials used or consumed in the performance of this agreement. Said bond s','--,all 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 $508,574.50. 4. Insurance Reauired. Concurrently with the execution of this Agreement or prior to the commencement of any construction_, Developer/Contractor shall furnish City with evidence of insurance coveraae as specified below. a. Worker's Compensation Insurance. Prior to the commencement of construction, statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division_ IV of the Labor Code of the State of California, and an emclover'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 comoensatior_ 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. -3- c. Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles, and each and every policy must contain a cross liability or severability of interests clause. d. Other Requirements. All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 5. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession_, or calling necessary to perform the work to be accomplished ;Ender the terms of this contract, and snail guarantee and maintain the work for a _period of one (1) year following the completion and acceptance thereof against any defective worvanship or defective materials furnished in the performance of this Agreement, and shall guarantee and maintain the work for a period of one (1) year following the completion_ and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this contract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. 6. Inspection of the Work. Developer snail guarantee free access to City through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and/or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. 7. Agreement Assianmer_t. This Agreement shall not be assigned by Developer without the written consent of City. -4- 8. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is wilfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, ea iinment and materials. 9. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building or occupancy permit by City for dwellings located within the tract shall not be construed in any matter to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 10. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place and maintain such lights as may be necessary for illuminating the said fences, barriers, signs and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 11. Patent and Coovright Costs. in the event that said plans and specifications require the use of any material, process or publication -5- which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall indemnify City from, any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications whhich are a part of this Agreement or any provision of this Agreement shall not operate to release any financial institution from liability on any bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the financial institutions herebv waive the provisions of Section 2519 of the Civil Code of the State of California. 13. Liabilitv. a. Develooer Primarily Liable. Developer shall be responsible for any and all loss, accident, r_ealect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations, or execution of this Agreement, and for which City might be held liable. Developer shall protect and indemnify_ the City of Dublin, the City Council, the City Engineer and/or any officer, agent or employee of the City, and save them harmless in every way from all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes apparent curing 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 exoerse, and the financial institution under the bonds shall be liable to the City for the corrective work required. c. Litigation Expenses. . In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgement is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate in Dublin, California, the day and year first above written. -6- CITY OF DUBLIN By. Mayor ATTEST: City Clerk DEVELOPER By: SUBDI V I DER' S AGREEhIENT TRACT 4719 - PHASE 1 , PHASE 2 EXHIBIT .A Phase I (Reliance Insurance) Stagecoach Road Dublin $ 866,662 Contra Costa 150,487 Total Faithful Performance $1 ,017, 149 Total Labor & Material $ 508, 574 Phase II Unit I $ 5463, 103 Unit II 736, 213 Unit III 210667 Unit IV 467,,780 Total Faithful Performance $1, 960, 763 Total Labor & Material $ 980, 381 Summary of Security Phase I - Reliance Insurance Faithful Performance $1 ,017, 149 Labor & Material 5001,574 Phase II - Reliance Insurance Faithful Performance $1 , 750,096 Security Pacific Faithful Performance 210, 667 Reliance Insurance Labor & Materials 8750049 Security Pacific Labor and Materials 1053, 333 * Secuirty Pacific letter of credit already deposited. BISSELL b KARN , INC . • CIVIL ENGINEERS 2551 MERCED STREET, SAN LEANDRO. CALIFORNIA 84577 • (415)483-2170 November 10, 1983 Job No. 831930 Page 19 of 20 STAGECOACH ROAD OFFSITE DUBLIN PORTION COST SUMMARY I. GRADING AND STREETS $219,928 II. SANITARY SEWER SYSTEM $ 88,007 III. STORM DRAIN 'SYSTEM $237,775 IV. CONCRETE $117,035 V. WATER DISTRIBUTION SYSTEM $108,680 VI. LIGHTING SYSTEM $ 57,940 VII. EROSION AND SEDIMENT CONTROL S 23,671 VIII. TRAFFIC CONTROL 5 3,220 IX. MISCELLANEOUS $ 10,406 TOTAL $866,662 SAN LEANDRO- MILP17AS- VALLEJO- PLEASANTON BISSELL & KARN , INC . • CIVIL ENGINEERS 2551 MERCEDSTREET• SAN LEANDRO. CALIFORNIA 94577 • (415)483.2170 November 10, 1983 Job No. 831930 Page 16 of 20 STAGECOACH ROAD OFFSITE CONTRA COSTA PORTION COST SUMMARY I. EXCAVATION AND EMBANKMENT $ 12,000 II. GRADING AND STREETS $ 97,932 III. STORM DRAIN SYSTEM $ 3,560 IV. CONCRETE $ 14,230 V. TRAFFIC CONTROL S 1,688 VI. MISCELLANEOUS $ 6,175 SUBTOTAL $135,585 CONTINGENCIES - 3.4 ,.902 TOTAL CONSTRUCTION COST $150,487 SAN LEANDRO• MILPITAS • VALLEJO• PLEASANTON BISSELL & KARN , INC . - CIVIL ENGINEERS . 2551 MERCED STREET. SAN LEANDRO, CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831920 Page 4 of 20 TRACT 4719 - UNIT I 29 LOTS COST SUMMARY I. EXCAVATION - EMBANKMENT $285,750 II. GRADING AND STREETS $ 50,918 III. SANITARY SEWER SYSTEM S 35,256 IV. STORM DRAIN SYSTEM $ 15,458 V. CONCRETE $ 39,960 VI. WATER DISTRIBUTION SYSTEM $ 22,733 VII. LIGHTING SYSTEM $ 24,500 VIII. EROSION AND SEDIMENT CONTROL $ 68,348 IX. TRAFFIC CONTROL $ 490 X. MISCELLANEOUS $ 2,600 SUBTOTAL $546,103 SAN LEANDRO. MILPITAS . VALLEJO• PLEASANTON • ' I j BISSELL & KARN , INC . t, iVIL ENGINEERS 2551 MERGED STREET, SAN LEANDRO. CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831920 Page 7 of 20 TRACT 4719 - UNIT II 31 LOTS COST SUMMARY I . EXCAVATION - EMBANKMENT $ 324,270 II. GRADING AND STREETS $ 91,785 III . SANITARY SEWER SYSTEM $ 57,564 IV. STORM DRAIN SYSTEM $ 16,254 V. CONCRETE $ 69,327 VI. WATER DISTRIBUTION SYSTEM $ 41,083 VII. LIGHTING SYSTEM $ 46,780 VIII. EROSION AND SEDIMENT CONTROL $ 84,735 IX. TRAFFIC CONTROL $ 950 X. MISCELLANEOUS $ 3,465 SUBTOTAL $ 736,213 SAN LEANDRO. AAILPI7AS • VALLEJO• PLEASAN70N BISSELL b KARN , INC . CIVIL ENGINEERS 2551 MERCEDSTREET, SANLEANDRO. CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831920 Page 13 of 20 TRACT 4719 - UNIT IV 56 LOTS COST SUMMARY I. EXCAVATION - EMBANKMENT $103,950 II. GRADING AND STREETS $ 89,548 III. SANITARY SEWER SYSTEM $ 69,299 IV. STORM DRAIN SYSTEM $ 47,697 V. CONCRETE $ 61,237 VI. WATER DISTRIBUTION SYSTEM $ 36,921 VII. LIGHTING SYSTEM $ 42,940 VIII. EROSION AND SEDIMENT CONTROL $ 10,653 IX. TRAFFIC CONTROL $ 950 X. MISCELLANEOUS $ 4,585 SUBTOTAL $467,780 SAN LEANDRO. MILPITAS• VALLEJO• PLEASMCIGN RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA CONTRACT BOND—PERFORMANCE Bond No. B 32 18 10 CALIFORNIA—PRIVATE WORK THIS BOND IS NOT A PAYMENT BOND AS DEFINED IN SECTION 3096 OF THE CIVIL CODE AND PROTECTS ONLY THE OBLIGEE NAMED HEREIN KNOW ALL MEN BY THESE PRESENTS: That Larry Cy Lee as Principal, and the Reliance Insurance Company, a Corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in the State of California,as Surety,are held and firmly bound unto _ City of Dublin as Obligee, in the sum of One M i 1 1 i on Seventeen Thousand One Hund red Forty-N i ne & 00/100 -------- Dollars ($ 1 ,017,149 1. for the oayirent whereof,well and truly to be made,said Principal and Surety bind themselves, their heirs,administrators.successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that,WHEREAS theabove-bounden Principal has entered into a Contract dated September 19, 119 85. _ Tract 4719 - Phase 1 , .Dublin Hills a copy of which Contract is or may be attached hereto,and is hereby referred to. NOW, THEREFORE, if the Principal shall faithfully perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remair in full force and effect. SUBJECT, HOWEVER,TO THE FOLLOWING CONDITIONS: First: That if a Payment Bond as defined in Section 3096 of the Civil Code of the State of California is executed in connection with this bond, no action shall be brought under this bond by reason of Principal's failure to comply with any provisions of the Contract for the payment of any and all persons who may perform labor upon,or bestow skit;or other necessary services on,or furnish mate• r,als or lease equipme,it to be used or consumed in,or furnish appliances, teams,or orwer contributing to the work of improvement described in the Contract, whether or not such person or persons shall have compi,�d with the requirements of Tit!e 15,Works of Improvemen(, of the Civil Code of the State of California so as to perfect a va!i:; c.;,;im of lien against Obligee's proeprty or a valid clann against said Payment Bond. Second That in the even;of any default on the part of the Principal,written not.ce thereof shall be given to the Surety as promptly as F)ossible,and in any event within ten (10) days after such default shall have become known to the Obligee or to any representative of the Obligee authorized to supervise the performance of said work. If the Principal shall abandon said work or be compelled by the Obl,yee to cease operations thereunder, the Surety shall have the right to proceed or procure others to proceed with the perfor- rnance of such wcrk,ard al! reserves,deferred payments and other moneys provioed by said contract to be paid to the rrinclptd shdil be oald to the Surety at the same times and under the same conditions as by the terms of said contract such moneys would have been paid to the Principal had the work been performed by the Principal, and the Surety shall be entitled thereto in preference to any assignee of the Principal, or any adverse claimant; but if the Obligee shall ;:orr.plete or re-let the said work, all reserves,deferred payments and other moneys remaining after payment for such completion shall be paid to the Surety or applied as it may dirNct to ;he settlement of any obligation incurred hereunder or under the Payment Bond given in connection herewith. Third. That the Obligee shall faithfully perform all of the terms, covenants and conditions of such contract un the part of the Obligee to be performed; and shall also retain the last payment and all reserves and deferred payments until the c.omplate perfor- mance of said contract, and until the expiration of the time within which notice of -I.iinis or clainis of liens by persons performing work or furnishing materials under said contract may be filed,and until all such clainrs shall have been paid, unless the Surety shall consent, in writing, to the payment of said last payment, reserves or deferred payments. Fourth: That the Surety shall not be liable for any damages resulting frOrtr strikes or labor difficulties, or from mobs,riots,civil commotion,public enemy.fire.the elements,acts of God,or defect or fault in the plans or specificatio; s referred to in said contract or for repair,or reconstru,..tion if any work or materials damaged or destroyed by any of said causes; or for damages fror persons or property, or f-)r the death of any person, or under or by virtue of any statutory p(ovisi.-)n for damages or compensation for injury to or the death of any employe. This bond does not cover any provision of the contract, or specificaucifis respecting guarantees of efficiency, or wearing qualities; or for maintenance or repairs, nor does it obligate the Surety to furnish any bond, policy,or obligation other than this instrument. Fifth That no right of action shall accrue hereunder to or for the use of any person, firm or corporation other than the Obligee. If there be more than one Obligee named in this bond, then it is understood that the rights of the Obligees or any of them under this bond are conditioned upon the faithful performance by or on behalf of the Owner of all of the conditions of the contract by him to be performed,and that the total amount of the Surety's liability under this bond to all Obligees, or any of them, shall in no event exceed in the aggregate the penalty hereof. Sixth: That no suit, action or proceeding by the Obligee to recover on this bond shall be sustained unless the same be commenced within one year from the completion of said structure or work of improvement,as"completion"is defined under Title 15,Works of Improvement,of the Civil Code of the State of California. Any notice to the Surety may be addressed to or served upon it at its office in San Francisco ,California. Signed,Sealed and Dated this 19th day of September _ _ 19 85 j -Larry Cy! ee` RELIANCE INSURANCE COMPANY Initial premium charged for this bond is$ n/a subject to adjustment upon completion of contract at applicable rate on final contract price. i r �n Ja es C. Jenk i s Attorney-in-fact ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA I County of Contra Costa I ss. On this 19th day of September 1985 ,before me, Christine A. Pr i en a notary public in and for the State of California with principal office in the County of _ Contra Costa residing therein,duly commissioned and sworn,personally appeared James C. Jenkins — known to me to be the attorney-in-fact of Reliance Insurance Company,the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid Co ty, the day and year in this certificate first above written. I i j ° ,. . OFFICIAL SEAL *�, CHRISTINE A PRIEN Notary Public Q ��,. NOTARY PUBLIC -CALIFORNIA —f� ALAMEDA COUNTY My comm. expires OCT 16, 1987 ss. . coung OF Contra Costa on this 19th datj of September 19 85 before me personallU came Larry Cy Lee , to he known and known to me to be the person described in and who executed the foregoing instrument, and he thereupon duig acknowledged to me that he executed the same. OFFICIAL SEAL � CHRISTINE A PRIEN "(o NOTARY PUBLIC -CALIFORNIA i\IIItar Public ALAMEDA COUNTY <<:.r My comm. expires OCT 16, 1987 , . RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA PAYMENT BOND Bond #B 32 18 10. PRIVATE CONTRACT — CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, Larry Cy Lee (hereinafter,called the Principal), as Principal,and RELIANCE INSURANCE CONIWANY, incorporated under the laws of the State of Pennsylvania, and duly authorized to transact the business of surety in the State of California (hereinafter called the Surety), as Surety, are held and firmly bound unto any and all persons performing labor upon or furnishing materials to be used in or furnishing appliances, teams or power contributing to the work contracted to be performed under the contract hereinafter mentioned, in the sum of Five Hundred Eight Thousand Five Hundres Seventy-Four ----($ 508,574.00 ) DOLLARS, lawful money of the United States, for which payment, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 5TATE OF Ca 1 i.forn i a ) ss.. COUNlr1U OF Contra Costa ) On this 19th bag of September 19 85 � before me personally came Larry Cy Lee to he known anb known to me to he the person besrribeh in anh who executeh the foregoing instrument, anA he thereupon 13ulg acknowlebgeh to me that he executeh the same. j OFFICIAL SEAL i CHRISTINE A PRIEN fPD�Y NOTARY PUBLIC -CALIFORNIA Natar1B Public ALitiylEDA COUNTY My comm. expires OCT 16, 1987 a Notary Public, State of California, duly commissioned and sworn, personally appeared James C. Jenkins —,personally known tome(or proved tome on the basis ofsatisfactory evidence)to be the person whose name is subscribed to the within OFFICIAL SEAL instrument as the attorney in fact of Reliance Insurance Company CHRISTINE A PRIEN v NOTARY PUBLIC -CALIFORNIA and acknowledged to me that_he subscribed the name_of ALAMEDA COUNTY Reliance Insurance Company My comm. expires OCT 16, 1987 thereto as principal_,and h Is own name as attorney in fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the Contra Co taC ty California on the date Milt document is only a general form which may be proper for use in simple trans- set forth above in this cerll e actions and in no way acts,or is Intended to art,as a Substitute for the advice of an attorney.The publisher does not make any warranty,either express at implied,as to �y�Q,/ 1/-t//�♦y/J/_IV♦v/. the legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public,State of California. FMEI C� IN3U1: A.NCE C"- N4]pANY AD OFFICE,PHILADELPHIA,PENNSYLVANI. r POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylvania,does hereby make,constitute and appoint JAMES C. JENKINS of CONCORD, CALIFORNIA---- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as in act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP--- end to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the some extent as if such bonds and undertakings and other writings obligatory in the nature thereof ware signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and scaled and attested by one other of such officers,and hereby ratifies and confirms all that its aid Attorneylsl-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which become effective September 7,1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President Or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizance.,contracts of indemnity and other writings obligatory in the nature thereof,and lb) to remove any such Attorney-in-Fact at any time and revoke the power and authority givers to him. 2. Attorneys-in-Fact Mall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,reoognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,raoognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to Copies of the BY-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting hold on the 6th day of June,1979,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and itscorporate seal to be hereto affixed,this 2nd day of June 19 80 RELIANCE INSURANCE COMPANY O Vice President STATE OF Washington COUNTY OF a' King On this 2nd day of June ,1980,personally appeared Charles B. Schmalz to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2, and 3 of the By-Laws of said Company and the Resolu- tion,sat forth therein,are still in full force. My Commission Expires: 17 +':�'•,` lery: June 12 •19 82 Notary Public in and for Stale of Washington Residing at Tacoma 1 Charles J. Falskow Assistant Secretary of the RELIANCE INSURANCE COMPANY,do herby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by aid RELIANCE INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the-Ml of said Company this 19th hay of September 1985 80R-1431 Ed.6/7g O Assistant Sacratery, CITY OF DUBLIN TRAACT DEVELOPER AGREEMENT TRACT 4719 - PHASE 2 (150 Single Family Area) This Agreement is made and entered into this day of 1985, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Larry C.Y. Lee, hereinafter referred to as "DEVELOPER". W I T N E S S E T H WHIEREAS, it has been determined by the City Council of the Cite of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 4719, Phase 2 (see attached Exhibit A) , in accordance with the requirements and conditions set forth within the City of Dublin (Alameda County Planning Commission Tract 4719, 1486th Zoning Unit) adopted on July 20, 1981, 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 annroved by said Citv_ Council, and now on file in the office of the City Engineer, which are herebv referred to for a more definite and distinct description_ of the work to be performed under this Agreement as though set forth at ier_ath herein; and WrEREAS, on December 12, 1983, Developer entered into a Subdivision Agreement with the City providing for Developer's performance in the above Tract; and whereas Developer is nearing completion for Phase I improvements and wishes to offer for acceptance, when completed, certain of the improvements which include grading, streets, drainage, landscaping and utilities in Stagecoach Road (Phase 1 improvements) prior to completion of certain other improvements (Phase 2 improvements) . WHIMEAS, 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 improvements) in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement; NOW, TF-E "ORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: -2- 1. Separate Agreements. Developer and City shall simultaneously enter into separate Tract Developer Agreements for the Phase 1 and Phase 2 improvements as shown on Exhibit A. 2. Completion Time. Developer will complete the work reauired by this Agreement within a timely manner following the date on which City executes this Agreement. Developer small complete said work not later than 12 months following said date of execution. Time is of the essence in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as-built plans, including any authorized modifications. 3. Security Furnished._ City is holding a letter of credit from Security Pacific Barr in the amount of $316,000 securing faithful performance, labor and materials for Unit III of Tract 4719. Concurrently with the execution of this Agreement, Developer shall furnish City with bonds securing faithful performance and labor and materials for Units I, II and IV. Such bonds shall be in a form prescribed by City, and shall be issued by Reliance Insurance Company or such other major financial institution as may be approved by City. The bonds shall become a part of this Agreement. A bond securing Units I, II, IV and any excess not covered by the letter of credit, shall be conditioned upon the faithful performance of this Agreement. The bond shall be in the sum of $1,750,096.00. A bond securing Units I, II, IV and any excess not covered by the letter of credit shall be conditioned upon payment of all claims for labor and material 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 $875,048.00. That portion of the December 12, 1983 and subsecuent amendment related to Unit III, including security, shall be deemed to be included into this agreement. 4. Insurance Reauired. Concurrently with the execution_ of this Agreement or prior to the commencement of any construction, Developer/Contractor shall furnish City with evidence of insurance coverage as specified below. -3- a. Worker's Compensation Insurance. Prior to the commencement of construction, statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an emnlover'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 Liabilitv Insurance. Minimum limits of liability shall not be less than S1,000,000 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_ mast contain a cross liability or severability of interests clause. c. Comorehe^.live Automobile Liability Insurance. Minimum limits of liability shall be not less than S1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and 'hired vehicles, and each and every polio must contain a cross liability or severabil.ity of interests clause. d. Other Recairements. 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 are expense, shall be maintained by Developer in full force and effect during the life of this contract, and mast have an "A.M. BEST" rating of B+, a or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 5. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession, or calling necessary to perform the work to be accomplished under the terms of this contract, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this Agreement, and shall az:arantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this contract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. -4- 6. Inspection of the Work_._ Developer shall gurantee free access to City through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials anal/or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. 7. Agreement Assignment. This Agreement shall not be assiared by Developer without the written consent of City. 8. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is wilfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment and materials. 9. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building or occupancy permit by City for dwellings located within the tract shall not be construed in any matter to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 10. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place and maintain such lights as -5- may be necessary for illuminatina the said fences, barriers, signs and other safety devices. At the end of all work to be performed under this Aareement, all fences, barriers, regulatory signs, warning lights, and other safety devices (eucept such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 11. Patent and Cocvricnt Costs. In the event that said plans and specifications recui_e tie use of anv material, process or publication_ whit" is sabiect to a duly registered patent or copv_ignt, Developer shall be liable for, and shall indemnify City from, any fees, costs or litication e::_D^enses, including attorneys' fees and court costs, which may result from the use of said patented or co_pvrighted :material, process or nubiication. 12. Alterations in Plans and Specifications. Anv alteration c- alterations made in the plans and specifications which are a part of this Agreement or anv provision_ of this Agreement shall not overate to release anv financial institution from liability on anv, bonds attached hereto and made a part hereof, and consent to make such- alterations is hereby given, and the financial institutions hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. a. Developer Primarilv 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 "naineer and/or any officer, agent or emplovee of the Ci and save them harmless in every wav from all suits or actions at law for damage or injury to persons, life or property that ::.ay arise or be occasioned in an- v wav because of construction operations or exec7dtion of this Agreement. b. Desic,^z Defect. If, in the opinion of the City, a design defect in the work of improvement becomes anpa-rent during the course of construction, or within one (1) vear 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 sh.a.il, upon order by the Citv, correct said design defect at his sole cost and exoense, and the financial 4.nst-1 tat"-on under the bonds shall be liable to the City for the corrective work recuired. -6- c. Litigation E. nses. 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 Aareement, and, in the event judgement is entered in said action, the -prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WrrREOF, the parties hereto have executed this Aareemer_t in duplicate in Dublin, California, the day_ and vear first above written. CITY OF DUBLIN By: f Mayor ATTEST: City Clerk DEVELOPER By: SUBDIVIDER' S AGREEMENT TRACT 4719 - PHASE 1 , PHASE 2 EXHIBIT A Phase I (Reliance Insurance) Stagecoach Road Dublin $ 866,662 Contra Costa 150,487 Total Faithful Performance $1 ,017, 149 Total Labor & Material $ 5081574 Phase II Unit I $ 546, 103 Unit II 736, 213 Unit III 210,667 Unit IV 4671780 Total Faithful Performance $1, 9601763 Total Labor & Material $ 980, 381 Summary of Security Phase I - Reliance Insurance Faithful Performance $10017, 149 Labor & Material 5000574 Phase II - Reliance Insurance Faithful Performance $1, 750, 096 Security Pacific Faithful Performance 210,667 Reliance Insurance Labor & Materials 875, 049 Security Pacific Labor and Materials 105, 333 * Secuirty Pacific letter of credit already deposited. BISSELL & KARN , INC . • CIVIL ENGINEERS 2551 MERCED STREET, SAN LEANDRO. CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831930 Page 19 of 20 STAGECOACH ROAD OFFSITE DUBLIN PORTION COST SUMMARY I. GRADING AND STREETS $219,928 II. SANITARY SEWER SYSTEM $ 88,007 III. STORM DRAIN 'SYSTEM $237,775 IV. CONCRETE $117,035 V. WATER DISTRIBUTION SYSTEM $108,680 VI. LIGHTING SYSTEM $ 57,940 VII. EROSION AND SEDIMENT CONTROL S 23,671 VIII. TRAFFIC CONTROL $ 3,220 IX. MISCELLANEOUS $ 10,406 TOTAL $866,662 SAN LEANDRO. MILPITAS- VALLEJO- PLEASANTON • • �• - BISSELL b KARN , INC . • CIVIL ENGINEERS 2551 MERCED STREET, SAN LEANDRO. CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831930 Page 16 of 20 STAGECOACH ROAD OFFSITE CONTRA COSTA PORTION COST SUMMARY I. EXCAVATION AND EMBANKMENT $ 12,000 II. GRADING AND STREETS $ 97.932 III. STORM DRAIN SYSTEM $ 3,560 IV. CONCRETE $ 14,230 V. TRAFFIC CONTROL $ 1,688 VI. MISCELLANEOUS $ 6,175 SUBTOTAL $135,585 CONTINGENCIES - 14 , 902 TOTAL CONSTRUCTION COST $150,487 SAN LEANDRO• MILPITAS • VALLEJO• PLEASANTON h BISSELL b KARN , INC . CIVIL ENGINEERS 2551 MERCED STREET, SAN LEANDRO, CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831920 Page 4 of 20 TRACT 4719 - UNIT I 29 LOTS COST SUMMARY I. EXCAVATION - EMBANKMENT $285,750 II. GRADING AND STREETS $ 50,918 III. SANITARY SEWER SYSTEM $ 35,256 IV. STORM DRAIN SYSTEM $ 15,458 V. CONCRETE $ 39,960 VI. WATER DISTRIBUTION SYSTEM $ 22,733 VII. LIGHTING SYSTEM $ 24,500 VIII. EROSION AND SEDIMENT CONTROL $ 68,348 IX. TRAFFIC CONTROL $ 490 X. MISCELLANEOUS S 2,600 SUBTOTAL $546,103 SAN LEANDRO. MILPITAS• VALLEJO• PLEASANTON BISSELL , & KARN , INC . - CIVIL ENGINEERS 2551 MERCED STREET. SAN LEANDRO, CALIFORNIA 94577 - (415)483-2170 November 10, 1983 Job No. 831920 Page 7 of 20 TRACT 4719 - UNIT II 31 LOTS COST SUMMARY I. EXCAVATION - EMBANKMENT $ 324,270 II. GRADING AND STREETS $ 91,785 III. SANITARY SEWER SYSTEM $ 57,564 IV. STORM DRAIN SYSTEM $ 16,254 V. CONCRETE $ 69,327 VI. WATER DISTRIBUTION SYSTEM $ 41,083 VII. LIGHTING SYSTEM $ 46,780 VIII. EROSION AND SEDIMENT CONTROL $ 84,735 IX. TRAFFIC CONTROL S 950 X. MISCELLANEOUS $ 3,465 SUBTOTAL $ 736,213 SAN LEANDRO . MILPITAS • VALLEJO• PLEASANTON I (ail BISSELL' & KARN , INC . • CIVIL ENGINEERS 2551 MERCED STREET, SAN LEANDRO. CALIFORNIA 94577 • (415)483-2170 November 10, 1983 Job No. 831920 Page 13 of 20 TRACT 4719 - UNIT IV 56 LOTS COST SUMMARY I. EXCAVATION - EMBANKMENT $103,950 II. GRADING AND STREETS $ 89,548 III. SANITARY SEWER SYSTEM $ 69,299 IV. STORM DRAIN SYSTEM $ 47,697 V. CONCRETE $ 61,237 VI. WATER DISTRIBUTION SYSTEM $ 36,921 VII. LIGHTING SYSTEM $ 42,940 VIII. EROSION AND SEDIMENT CONTROL $ 10,653 IX. TRAFFIC CONTROL $ 950 X. MISCELLANEOUS $ 4,585 SUBTOTAL $467,780 SAN LEANDRO• MILPITAS. VALLEJO• PLEASAIJTON h� � �:.. -� R�LIANC� INSURANCE COI„�PANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA CONTRACT BOND—PERFORMANCE Bond No, B 32 18 11 CALIFORNIA—PRIVATE WORK THIS BOND IS NOT A PAYMENT BOND AS DEFINED IN SECTION 3096 OF THE CIVIL CODE AND PROTECTS ONLY THE OBLIGEE NAMED HEREIN KNOW ALL MEN BY THESE PRESENTS: That Larry Cy Lee as Principal, and the Reliance Insurance Company, a Corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in the State of California,as Surety,are held and firmly bound unto _ City of Dublin as Obligee, in the sum of One Million Seven Hundred Fifty__ Thousand Ninety-Six & 00/100 --------- Dollars ($ 1 ,750,096. for the oayment whereof,well and truly to be made,sa'.d Principal and Surety bind themselves, their heirs.administrators.successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of;he foregoing obligation is such that,WHEREAS the above-bounden Principal has entered into a Contract dated September 19, _, 19 85 . _ Tract 4719 - Phase 2 - Dublin Hills a copy of which Contract is or may be attached hereto,and is hereby referred to. NOW, THEREFORE, if the Principal shall faithfully perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remair. in full force and effect. SUBJECT, HOWEVER,TO THE FOLLOWING CONDITIONS: First: That if a Payment Bond as defined in Section 3096 of the Civil Code of the Stdte of California is executed in connection with this bond, no action shall be brought under this bond by reason of Principal's failure to comply with any provisions of the Contract for the payment of any and all persons who may perform labor upon,or bestow skit;or other necessary services on,or furnish mate- nals or lease equipment to be used or consumed in,or furnish appliances, teams,or cower contributing to the work of improvement described in the Contract, whether or not such person or persons shall have complied with the requirements of Title 15,Works of Imcrovement, of the Civil Code of the State of California so as to perfect 3 va!i:: :!,:im of lien against Obligee's proeprty or a valid claim against said Payment Bond. Second That in the event of any default on the part of the Principal,written notice thereof shall be given to the Surety as promptly as c:ossib!e,and in any eventwithin ten (10) days after such default shall have become known to the Obligee or to any representative ')f the Obligee authorized to supervise the performance of said work. If the Principal shall abandon said work or be compelled by the Obligee to cease operations thereunder, the Surety shall have the right to proceed or procure others to proceed with the perfor- rrance of such wcrk,ard al! reserves,deferred payments and other moneys proviond by said contract to be paid to the Pnncipz,l shall be oaid to the Surety at the same times and under the same conditions as by the terms of said contract such moneys would have been paid to the Principal had the work been performed by the Principal, and the Surety shall be entitled thereto in preference to any assignee of the Principal, or any adverse claimant; but if the Obligee -:hall ::omplete or re-let the said work, all reserves,deferred payments and other moneys remaining after payment for such completion shall be paid to the Surety or applied as it may direct to ;he settlement of any obligation incurred hereunder or under the Payment Bond given in connection herewith. Third. That the Obligee shall faithfully perform all of the terms, covenants and conditions of such contract or, the part of the Obligee to be perfof med; and shall also retain the last payment and all reserves and deferred payments until the complete perfor- mance of said contract, and until the expiration of the time within which notice:of cl.iims or claims of liens by persons performing work or furnishing materials under said contract may be filed, and until all such claims shall hdve been paid, unless the Surety shall consent, in writing, to the payment of said last payment, reserves or deferred payments. Fourth: That the Surety shall not be liable for any damages resulting from strikes or labor difficulties, or from mobs,riots,civil commotion,public enemy,fire the elements,acts of God,or defect or fault in the plans or specificatio,is referred to in said contract or for repair,or reconstru,..tion of any work or materials damaged or destroyed by any of said causes; or for damages fror persons or property, or f)r the death of any person, or under or by virtue of any statutor y provision for damages or compensation for injury to or the death of any employe. This bond does not cover any provision of the contract, or specificanous respecting guarantees of efficiency, or wearing qualities; or for maintenance or repairs, nor does it obligate the Surety to furnish any bond, policy,or obligation other than this instrument. Fifth That no right of action shall accrue hereunder to or for the use of any person, firm or corporation other than the Obligee. If there be more than one Obligee named in this bond, then it is understood that the rights of the Obligees or any of them under this bond are conditioned upon the faithful performance by or on behalf of the Owner of all of the conditions of the contract by him to be performed,and that the total amount of the Surety's liability under this bond to all Obligees, or any o` them, shall in no event exceed in the aggregate the penalty hereof. Sixth: That no suit, action or proceeding by the Obligee to recover of) this bond shall be sustained unless the same be commenced within one year from the completion of said structure or work of improvement,as"completion"Is defined under Title 15,Works of Improvement,of the Civil Code of the State of California. Any notice to the Surety may be addressed to or served upon it at its office in San Francisco ,California. Signed,Sealed and Dated this 19th day of September _ 19 85 Larry Cy Lee' RELIANCE INSURANCE COMPANY Initial premium charged for this bond is$ N/A subject to adjustment upon completion of contract at applicable rate on final contract price. By <'-�<: G� Jpm s C. Jenk, Attorney-in-fact I 1 5TATE Of California ) ss.: CpliNT9 OF Contra Costa ) on this 19th dag of September 19 85 before me personalltg came Larry Cy Lee to he known anb known to me to he the person bescriheb in anb who executeb the foregoing instrument, anA he thereupon >ju1B ackltowlehge3 to me that he executed the same. , I OFFICIAL SEAL /- f —*�- �_ �.., CHRISTINE A P RI EN ( /,;' ;L• :ti�!�' '1,�.;–� r. ' ;%z�� NOTARY PUBLIC -CALIFORNIA i�IItari� Public ALAMEdA COUNTY mss:•_v My comm. expires OCT 16, 1987 V RELIAE INSURANCE C.�MPANY �. . ;A, r HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA Bond #B 32 18 11 PAYMENT BOND PRIVATE CONTRACT – CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, Larry Cy Lee (hereinafter called the Principal), as Principal,and RELIANCE INSURANCE CIOMPANY,incorporated under the laws of the State of Pennsylvania, and duly authorized to transact the business of surety in the State of California (hereinafter called the Surety), as Surety, are held and firmly bound unto any and all persons performing labor upon or furnishing materials to be used in or furnishing appliances, teams or power contributing to the work contracted to be performed under the contract hereinafter mentioned, in the sum of Eight Hundred Seventy-Five Thousand Forty-Eight & 00/100--($ 875,048. ) DOLLARS, lawful money of the United States, for which payment, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. .STATE OF California ) ' ss.: C UNT9 OF Contra Costa ) on this 19th bag of September 19 85 before me personalltg came Larry Cy Lee to be known and known to me to be the person described in and who 'executed the foregoing instrument, and he thereupon dulg acknowledged to me that he executed the same_ i OF=AR L .f_' ,w... CHIEN� tu NOTARY FORNIA 1<iotart� 3ublic ��.i Y" My com16, 1987 a Notary Public, State of California, duly commissioned and sworn, personally appeared James C. J en k ins ,personally known tome(or proved to me OFFICIAL SEAL on the basis ofsatisfactory evidence)to be the person whose name is subscribed to the within ,, ti Reliance Insurance Company CHRISTINE A PRIEN instrument as the attorney in fact of Boa NOTARY PUBLIC -CALIFORNIA ALAMEDA COUNTY and acknowledged to me that—he subscribed the name—of < •� My comm. expires OCT 16, 19s7 Reliance Insurance Company thereto as principal_,and h I S own name as attorney in fact. IN WITNESS WHEREOF I have hereunto set my had and affixed my official seal in the Contra Cost tyof Califofinla on the date onus document is only a general ton„which may be waver for use in simple vans- set forth above in th's e i te. actions and In no way acts,or is intended to act,as a substitute for the advice of an attorney.The publisher does not make any warranty,either express or implied,as to the ftW validity of any provision or the suitability of these forms in any specific cbn Notary Public,State of California. ven.e ...a ..,+e F..—N.. 2d_i ArIcnnwledtrment to Notary nr r_ 16. 1987 CE INSUFLAMCIE C APANY r+EAD OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylvania,does hereby make,constitute and appoint JAMES C. JENKINS of CONCORD, CALIFORNIA---- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP--- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shell have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizences,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shell have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by. facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting hold on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been ISM"ended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 2nd day of June 19 80 RELIANCE INSURANCE COMPANY O�o Vice President STATE OF Washington COUNTY OF King ss On this 2nd day of June 19 80,personally appeared Charles B. Schmalz to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Laws of said Company and the Resolu- tion,set forth therein,are still in full force. My Commission Expires: 172c�A-4 it;,,/Y% PLO June 12 ,19 82 Notary Public in and for Stale of Washington ?•.,.ems. Raiding at Tacoma I Charles J. Falskow Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the nlj of said Company this 1 9th day of September 1985- , O 80R-1431 Ed.8/79 Assistant Seaeary� �