HomeMy WebLinkAbout7.2 Approve Final Tract Map 5264 10 -
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AGENDA STATEMENT -
CITY COUNCIL MEETING DATE: June 25, 1984
SUBJECT: APPROVAL OF FINAL MAP - TRACT 5264
(Evergreen)
EXHIBITS ATTACHED: Resolution - Acceptance of Final Map
Resolution - Parkland Deposit
Tract Developer Contract
Performance Bond
Labor & Materials Bond
Background Memo Regarding In Lieu Fees
Reduced Copy of Final Map
RECOMMENDATION: 1 . Adopt Resolution Accepting Final
Map Tract 5264
2 . Adopt Resolution Accepting a Deposit
In Lieu of Land For Park Land
Dedication ( $340 , 488 )
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 Amador Valley
Blvd. extension .
DESCRIPTION: Improvement plans and the Final Map for
Tract 5264 have been reviewed and found
to be in conformance with the Tentative
Map and conditions approved by the City
of Dublin Planning Commission, January
16 , 1984 ( 193 units on the old Calmet
property) . A subdivision agreement,
bond and fees have been submitted
guaranteeing the construction of
improvements within the subject tract .
--------------------------------------------------- -------------
ITEM NO. �' COPIES TO:
Morrison Homes
Creegan & D 'Angelo
a
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
ACCEPTANCE OF FINAL MAP
TRACT NO. 5264
WHEREAS, the Final Map of Tract No. 5264 in the
incorporated territory of the City of Dublin, State of California
has been presented to this City Council for approval, all in
accordance with the provisions of the Subdivision Map Act of the
State of California and the Ordinance Code of the County of
Alameda, as adopted and amended by the City of Dublin; and .
WHEREAS, the Developer, Morrison Homes has executed and
filed with this City Council a contract to improve Tract No. 5264
in accordance with the Final Map of said Tract No. 5264 , and Tract
Improvement Plans and the specifications attached thereto; and
f
WHEREAS, said contract is secured by a bond in the
amount of ( $1, 205 , 000 ) which, by said 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 ( $602 , 500 ) which, by its terms , is made to inure to the
benefit of 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.
5264 be and the same is hereby approved; and that Amador Valley
Boulevard 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 25th day of June,
1984 .
AYES :
NOES : '
ABSENT:
Mayor
ATTEST:
City Clerk
nV x i-,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
ACCEPT DEPOSIT IN LIEU - TRACT No. 5264
WHEREAS, pursuant to Section 8-7 . 1 of the Subdivision
Ordinance of Alameda County, as adopted by the City of Dublin and
as amended by Resolution #74-83 of the City Council of the City of
Dublin ; each residential use shall, as a condition to the approval
of a Final Subdivision Map, dedicate or reserve lands, pay fees in
lieu thereof, or a combination of both, for park and/or
recreational purposes ; and
WHEREAS, in its action on the Tentative Map of the
subject tract, the Planning Commission of the City of Dublin did
determine in accordance with Section 8-7 . 1 of the aforesaid
Subdivision Ordinance and as amended 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 and as amended , furnished
by the tract developer and identified as follows :
Tract : 5264
Subdivider : Morrison Homes
Amount : $340 , 488
Tentative Planned Use : Future Dolan Parksite, Dublin,
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 Ordiance and as amended;
PASSED, APPROVED AND ADOPTED this 25th day of June,
1984 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day of
1983 , by and between the City of Dublin, a municipal corporation,
hereinafter referred to as"CITY" , and MORRISON HOMES CORPORATION, a Delaware corn
hereinafter referred to as "DEVELOPER" .
W I T N E S S F. 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 5264 in accordance with the
requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. 84-05 adopted on 6/16/84 ; the requirements of the
Subdivision Map Act of the State of California and the Subdivision
Ordinance of the City of Dublin; and those certain plans and specifications
for said development approved by said City Council, and now on file in the
office of the City Engineer, which are hereby referred to for a more
definite and distinct description of the work to be performed under this
Agreement as though set forth at length herein; and
WHEREAS, Developer intends to satisfactorily complete the required
improvement within the time hereinafter specified, and City intends to
accept d'eveloper ' s offer ( s ) of dedication of said improvement( s ) in
consideration for Developer ' s satisfactory performance of the terms and
conditions of this Agreement :
NOW, THEREFORE, in consideration of the mutual promises, conditions
and covenants herein contained, the parties agree as follows :
1 . Completion Time . Developer will commence the work required by
this Agreement within thirty ( 30 ) days following the date on which City
executes this Agreement . Developer shall complete said work not later than
three hundred sixty-five ( 365 ) days following said date of execution. Time
is of the essence in this Agreement . Upon completion, Developer shall
furnish City with a complete and reproducible set of final as-built plans,
including any authorized modifications .
2 . Bonds Furnished. Concurrently with the execution of this
Agreement, Developer shall furnish City with a Faithful Performance Bond
and a Labor and Materials Bond. Each bond shall be in a form prescribed by
City, and shall be issued by a company duly and legally licensed to conduct
a general surety business in the State of California. Each bond shall
become a part of this Agreement .
a . Faithful Performance Bond. Developer shall furnish City
with a bond conditioned upon the faithful performance of this Agreement,
said bond to be in the .penal sum of $ 1 ,205,000.00
b . Labor and Materials Bond. Developer shall furnish City
with a bond conditioned upon payment of all claims for labor and materials
used or consumed in the performance of this Agreement . Said bond shall
comply with the laws of the State of California, and with Title 15, Part 4 ,
Division 3 of the Civil Code of the State of California (commencing with
Section 3082 ) . Said bond shall be in the penal sum of $ 602,500.00
3 . Insurance Required. Concurrently with the execution of this
Agreement, Developer shall furnish City with evidence of insurance coverage
as specified below.
a . Worker ' s Compensation Insurance. Statutory coverage as
required to cover the full liability of Developer in accordance with the
provisions of Division IV of the Labor Code of the State of California, and
an employer ' s liability insurance coverage with a limit of not less than
$100 , 000 per occurrence to cover any claims arising from employment not
covered by worker' s compensation laws .
Page 1
b . Comprehensive General Liability Insurance . Minimum
limits of liability shall not be less than $1, 000, 000 per occurrence
combined single limit bodily injury and property damage coverage ; any
deductible provision shall not exceed $1, 000 per claim, and each and every
policy must contain a cross liability or severability of interests clause .
c . Comprehensive Automobile Liability Insurance . Minimum
limits of liability shall be not less than $1, 000 , 000 per occurrence
combined single limit bodily injury and property damage coverage; coverage
shall include owned, non-owned, and hired vehicles , and each and every
policy must contain a cross liability of severability of interests clause .
d. Other Requirements . All insurance policies shall be
issued by a company legally licensed to transact business in the State of
California, shall be issued at Developer ' s own cost and expense, shall , be
maintained by Developer in full force and effect during the life of this
contract, and must have an "A.M. BEST" rating of B+, X or better . All
certificates of insurance shall name the City and its officers, agents and
employees as additional insureds, shall contain a provision that a written
notice of cancellation or reduction in coverage shall be furnished the City
(10 ) ten days in advance of the effective date thereof, and shall state
that such coverage is primary to any other coverage of City.
4 . Work Performance and Guarantee . Developer shall secure the
services of those skilled in the trade, profession, or calling necessary to
perfore" the work to be accomplished under the terms of this contract, and
shall guarantee and maintain the work for a period of one (1 ) year
following the completion and acceptance thereof against any defective
workmanship or defective materials furnished in the performance of this
Agreement, and shall guarantee and maintain the work for a period of one
(1 ) year following the completion and acceptance thereof against any
defective workmanship or defective materials furnished in the performance
of this ' contract, and any acceptance of the work by City will not operate
as a release to Developer or Developer ' s bondsmen from the aforesaid
guarantee .
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 . Agreement Assignment . This Agreement, shall not be assigned by
Developer without the written consent of City.
7 . Abandonment of Work . If the work to be done under this
Agreement is abandoned, or if this Agreement is assigned by Developer
without written consent of City, or if City through its City Engineer
determines that the said work or any part thereof is being unnecessarily or
unreasonably delayed or that Developer is willfully violating any of the
conditions or covenants of this Agreement or is executing this Agreement in
bad faith, the City shall have the authority to order 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
maydesignate, and CITY shall thereupon have the power to obtain by
Agreement, purchase, rental or otherwise, all labor, equipment, and
materials deemed necessary to complete the work and to use such materials
as may be found upon the line of such work . Developer And his sureties
shall be liable for all expenses incurred by City for the acquisition and
use of such labor, equipment, and materials .
8 . Use of Streets or Improvements . At all times prior to the
final acceptance of the work by City, the use of any or all streets and ,
improvements within the work to be performed under this Agreement shall be
at the sole and exclusive risk of Developer . The issuance of any building
Page 2
or occupancy permit by City for dwellings located within the tract shall
not be construed in any manner to constitute a partial or final acceptance
or approval of any or all such improvements by City. Developer agrees that
City ' s Building Official may withhold the issuance of building or occupancy
permits when the work or its progress may substantially and/or
detrimentally affect public health and safety .
9 . Safety Devices . Developer shall provide and maintain such
guards, watchmen, fences , barriers , regulatory signs , warning lights, and
other safety devices adjacent to and on the tract site. as may be necessary
to prevent accidents to the public and damage . to the property . Developer
shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers , signs , and other safety devices .
At the end of all work to be performed under this Agreement, all fences,
barriers, regulatory signs , warning lights, and other safety devices
(except such safety items as may be shown on the plans and included in the
items of work) shall be removed from site of the work by the Developer, and
the entire site left clean and orderly .
10 . Acceptance of Work . Upon notice of the completion of all
tract work and the delivery of a set of final as-built plans to City by
Developers, City, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found
to be in accordance with said plans and specifications and this Agreement,
shall accept the work and notify Developer or his designated agents of such
acceptance .
11 . Patent and Copyright Costs . In the event that said plans and
specifications require the use of any material , process or publication
which is subject to a duly registered patent or copyright , Developer shall
be liable for , and shall indemnify City from, any fees, costs or litigation
expenses, including attorneys ' fees and court costs, which may result from
the use of said patented or copyrighted material , process of publication .
12. Alterations in Plans and Specifications . Any alteration or
alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release
any surety or sureties from liability on any bond or bonds attached hereto
and made a part hereof , and consent to make such alterations is hereby
given, and the sureties to said bonds hereby waive the provisions of
Section 2819 of the Civil Code of the State of California .
13. Liability.
a . Developer Primarily Liable . Developer shall be
responsible for any and all lose , accident , neglect, injury or damage to
person, life or property which may be the result of or may be caused by
construction, operations , or execution of this Agreement, and for which
City might be held liable . Developer shall protect and indemnify the City
of Dublin, the City Council , the City Engineer and/or any officer, agent or
employee of the City, and save them harmless in every way from all suits or
actions at law for damage or injury to persons, life or property that may
arise or be occasioned in any way because of construction operations or
execution of this Agreement .
b . Design Defect . If , in the opinion of the City, a design
defect in the work of improvement becomes apparent during the course of
construction, or within one _( 1 ) year following acceptance by the City of
the improvements, and said design defect, in the opinion of the City, may
substantially impair the public health and safety, Developer shall, upon
order by the City, correct said design defect at his sole cost and expense,
and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the City for the corrective work required.
Page 3
c . Litigation Expenses . In the event that legalaction is
instituted by either party to this Agreement , and said action seeks damages
for breach of this Agreement or seeks to specifically enforce the terms of
this Agreement, and, in the event judgment is entered in said action, the
prevailing party shall be entitled to recover its attorneys ' fees and court
costs .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
in duplicate at Dublin, California, the day and year first above written .
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER
M.0 ISON HO �PORATION
By
� LG�
ohn P:'Tagl President
STATE OF CALIFORNIA
On this.......!.�%:`'i� ..
COUNTY OFC-:!Yl ��_ Cv.T- ss. �� day of...
..�7Un 2
.............�.�:::`.... ....in the year
.:........................................... ...before me
duly licensed and swornzpersona.. a '•'a Notary Public,State of California,
OFFICIAL SEAL ,\lCl%�;V '�. !'. .................................
£� WTA CHEEK ` . . •' •.
know .........................................
�• ti_; personally •�
NOTrRY puaLIC—CALIFORNIA '� Y n t0 me(or proved to me on the basis of satisfactory
CONtRA COSTA COWJTY j(; to be the person who executed the within instrument evidence)
Ely COmtnKSl,.n Ez p $ or on behalf of the co u�
rporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS
WHEREOF I have hereunto
This document is only a general form which may MY official seal in the,,,(r?�(?,.�,.(' .; set my hand and affixed
transactions and in no way be proper for use in simple �% / •F
Y acts.a is intended to act,as a substrtme for the '^ter�%� - (.,rE%r'� •,County of.....
advice of an attaney.The primer does not make any warranty either a On th
legal validity of any provision t the suitability of those forms it a v,ess or implied as to the r e date set forth above in
/ this certificate.
Cowdery's Form No. 28— "��"''°transaq,en. �!�''
Corporation r Acknowledgement to Notary Public— I!1�C� i '� f
�1' ( C. Secs. 1190-1190.1)— �' ��` Notary Public, State of California
(Rev. 1/83)
My commission expires 6/0 9/
��1 l%•fir
'i
Page 4
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
PERFORMANCE BOND BOND NO. 96948384
KNOW ALL MEN BY THESE PRESENTS, That we
MORRISON HOMES CORPORATION
as Principal , and the SEABOARD SURETY COMPANY, a 'New York corporation, having its
principal office and place of business at City of New York, New York, as Surety, are held and
firmly bound unto
CITY OF DUBLIN
as Obligee,
in the sum of ONE MILLION TWO HUNDRED FIVE THOUSAND AND NO/100ths-----------------
----------------------------------------------------------($1,205,000.00) Dollars,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors, adminis-
trators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 19th day of JUNE , 1984
WHEREAS, the above bounden PRINCIPAL
ha s entered into a contract with Obligee for
TRACT #5264, CITY OF DUBLIN, ALAMEDA COUNTY
as is fully and at large set forth and described in the said contract aforesaid.
NOW, THEREFORE, the condition of the above obligation is such, that if the above bounden
Principal shall well and truly and in good, sufficient and workmanlike manner, perform or cause
to be performed the said contract, and each and every of the covenants, promises, agreements
and provisions therein stipulated, and in each and every respect comply with the conditions there-
in contained, then this obligation to be void; otherwise to remain in full force and virtue.
No claim, suit or action by reason of any default shall be brought against the Principal or
Surety after two years from date hereof. If this limitation is made void by any law controlling
the construction hereof, such limitation shall be deemed to be amended to equal the minimum period
of limitation permitted by such law. The Principal shall be made a party to any suit or ac-
tion, and be served with process commencing the same if the Principal can with reasonable dili-
STATE OF CALIFORNIA �f' --��--
i ss. On this....-:':�' ........day of..... VJ..t-?/ :.:....................in the year
7G
COUNTY OF L c'777 <:�:.. C"C'ST; ............�.`1�.,.........
,....................before me,
.• ...,a Notary Public,State of California,
duly licensed and sworn,personally appeared..................................
............:_ T Ji!y...1.':..�, .J.l.<t.........
Olt OFF CIAL 0 EAL ...LINDA CHEEK personally known to me(or proved to me on the basis ofsatisfactory evidence)
NOTARY PUBLIC–CAL FORNIA to be the person who executed the within instrument !CONTRA COSTA COUNTY :Ay Commission Erones Apr.2, 1988 or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WIEREOF I have hereunto set my hand and affixed
my official seal in the:,-4 �q,o.,t,f (+!}L r,•,County of..
This tlOCument is only a general form whon may be proper for use m simple ..(.��. ,1�,(.L �:'`rlT •.•.•. •••••••.••.••••...
transactions and in no way acts,or a intended to act,as a substitute for the .....•• •" •,on the date set forth above in this certificate.
advice of an attorney.The pruner does not make any warranty either express or implied as to the
legal validity or any proviaon a the sunabrlrty Of these forms,n an /�--
y speMtc transactor.
Cowdery's Form No. 28—Acknowledgement to Notary Public— <) k Notary Public, State of California
Corporation(C. C.Secs. 1190-1190.1)—(Rev. 1/83)
My commission PXnirna �/'a_. V .0 /0�,P" ?
i
Certified Copy SICABOAIZD SUI2r= COIN PAN-Y
No. 9238 NEW YORK, NEW YORK
.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State
of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Roger C .
Dickinson--------
of San Francisco , California
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: Without Limitations .
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com-
b
pany on December Sth, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII, SECTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies,'bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
other writings relating in any way thereto or to any-tiaim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary,
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to. be signed by one o{{ it; Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this . ... t.............
day of .......................u.9.u,s t..............., 19.......8 1
......81
Attest: SEABOARD SURETY COMPANY,
(Seal) ..........,..Mar.g.a.ret. . ....Scofi. .. . eld By Thomas P . Gorke
. .. .. .. .. .. . .
............................................................................. . .. . ......
STATE OF NEW YORK
. . . ..
Assistant Secretary Vice-President
COUNTY OF NEW YORK �ss.:
Onthis ..................17t...hh......... day of ....................Augu............s............................................................. 19.......8...1 1
, before me personally appeared
.........................................:......T.hO.ma.S....P.......C,o.C.k.e................................ a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, .who. being by me duly sworn, said that he resides in the State of .......ke.w....O.e,r sgy. •
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
President of said Company by like authority.
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO) ss.:
On this 19th day JUNE 1984 , before me, the undersigned Notary Public, in and for the State
appeared ROGER C. IICKINSON a person known to me perso nally
to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 19th day of JUNE
A.D. 19 84
i
My Commission Expires
Notary Public.
17ORM 116 12/82 -
r
ri
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
PAYMENT BOND BOND NO. 96948384
Wnum all ffirn by t4riir Urrupnts: THAT WE,
MORRISON HOMES CORPORATION
as Principal , and the SEABOARD SURETY COMPANY, a New York corporation, having its
principal office and place of business at City of New York, New York,as Surety,are held and firmly
bound unto
CITY OF DUBLIN
as Obligee,
inthesum of SIX HUNDRED TWO THOUSAND FIVE HUNDRED AND NO/100ths-----------------
------------------------------------------------------------($602,500.00) Dollars,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successors and assigns, jointly and severally, firmly by these presents.
Signed with our seals and dated this 19th day of JUNE , 19 84
WHEREAS, the above bounden PRINCIPAL
has entered into a contract with Obligee for
TRACT 1#5264, CITY OF DUBLIN, ALAMEDA COUNTY
as is fully and at large set forth and described in the said contract aforesaid.
NOW, THEREFORE, the condition of the above obligation is such, that if the principal shall
promptly make payment to all persons supplying labor and material in the prosecution of the work
provided for in said contract, then this obligation to be void; otherwise to remain in full force and
virtue.
No claim, suit or action by reason of any default shall be brought against the Principal or
Surety after two years from date hereof. If this limitation is made void by any law controlling
the construction hereof, such limitation shall be deemed to be amended to equal tha mini—— . =
of limitation narmiff0A 1,..
day of
y ti.,, / .........................in the year
STATE OF CALIFORNIA On this...... •. •••• .... .�'...
ss. before me,
COUNTY OF.�.� .,ht:._.._,4%!:....... /..
., ,l f_.� a Notar Public,State of California,
duly licensed and sworn,personally appeared.................................. }
.. f.CI?/ ...':..1!. .L:. :...........I.............................,
F F I C I A L SEAL personally known to me(or proved to me on the basis of satisfactory evidence)
U
�� �-"s ,.r,t
Lif4DA CHEEK to be the person who executed the within instrument as.. .
PUBLIC—CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that
tD ai/�'f-I
?A COSTA Apr.C, 1998 such corporation executed the within instrument pursuant to its by laws or a
ILy rc,tml..•na Crouei APL 2, 1988
,.^ . ., resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the. �°••c•�••i',A:L j f.,•.,County of....................
+r-+;1_ ,0 �!� on the date set forth above in this certificate.
This document is only a general form whoh may be propor for use m simple ...�� H/
transwrons and m no way acts.or is miended to act.as a substitute for the - I _ (y!\ c
advice of an anornay.The praner does not make any warranty either express or implied as to the r Notary Public, State of California
legal validity of any prowson or the sueeGlny of these lams in any speaflc transactan. _,!"1 fi!� L�'C%c f(. y
Cowdery's Form No. 28—Acknowledgement to Notary Public— M commission expires r t��!�' '4 � r'/'�
Corporation(C. C. Secs. 1190-1190.1)—(Rev. 1/83) y
Certified Copy SEABOARD ► V URETY CONIPAN-Y
• NEW YORK, NEW YORK
' No. 9238 POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State
of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Roger C .
Dickinson--------
of San Francisco , California
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: Without Limitations .
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attornev-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com-
pany on December 801. 192/7. with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII. SECTION 1:
"Policies, bonds, recognipnces, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary,
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one o it; Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..1 t n
............
day of ....................A.u.g.W.5 t..............., 19.......81
Attest: SEABOARD SURETY COMPANY,
Margaret Scofield By Thomas P . Gorke
(Seal) ............................................................................ .............................................................................................
Assistant Secretary Vice-President
STATE OF NEW YORK
COUNTY OF NEW YORK ss.:
81
On this
17th day of ...................August ........ 19............, before me personally appeared
.............. ........................................... ......................
................................................T.hb.m a.s....P.......Gio.r.k.e................................ a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of .......N.e.v... .....
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
President of said Company by like authority.
STATE OF CALIFORNIA ]
] ss.:
CITY AND COUNTY OF SAN FRANCISCO]
On this 19th day JUNE 19 84 , before me, the undersigned Notary Public, in and for the State, personally
appeared ROGER C. DICKINSON a person known to me(cx-pr o:cd�o-t e rt#te bps a sausfacte�} euid e�
to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 19th day of JUNE A.D. 1984
My Commission Expires
Notary Public.
rORnI 11612/82
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CITY OF DUBLIN
P.O. Box 2340
Dublin, CA 94568 (4 15) 829-4600
June 21, 1984
TO: City Council Meeting Date : June 25, 1984
FROM: Planning Director
RE: Park Dedication In Lieu Fees for Tract 5264
(H & H Development, Evergreen)
The developer of Tract 5264 has discussed with staff the
consideration of an upper cap or ceiling on park dedication in
lieu fees . The City ' s Subdivision Ordinance requires the fees to
be based on fair market value . The developer has indicated his
acceptance of the current ordinance . Should the item come before
the City Council for discussion, staff has prepared the following
background information. <,
In accordance with the Subdivision Ordinance as amended by the
City Council on December 12 , 1984 , the developer of Tract 5264 is
responsible for providing either a) land dedicated to the City
for park purposes or b ) in lieu fees (money) , which will allow
the City to develop parks somewhere off the site.
As calculated per the State. Subdivision Map Act, the overall park
standard for the City is approximately 2 . 3 acres of park per
1, 000 population . While Dublin ' s park standard is less than many
other cities ' standards , the Map Act restricts the amount of
parkland the City can require from developers . The Subdivision
Ordinance is consistent with the Map Act. The Subdivision
Ordinance is also consistent with the preliminary City policy to
develop additional parks as identified in the hearings on the
Dublin General Plan.
When park dedication in lieu fees are to be paid, the Subdivision
Ordinance requires the calculations to be based on the fair
market value of the property. The City has no direct control
over the market value . If the market value is high, the City
receives more funds for development of City parks . If the market
value is low, the City receives less funds . When the City
purchases property for a park, the City must in turn pay whatever
the fair market value is at that time .
The developer has suggested consideration of an upper cap or
ceiling on the in lieu fees . Some cities have established a
fixed in lieu fee, while others use fair market value . The major
advantages of a fixed fee are that 1 ) similar developers will pay
the same fee regardless of fair market value and 2 ) once
established, the fee will be a known amount . The major
disadvantages are that a fixed fee 1 ) might not keep pace with
the value of the property and 2 ) might not cover the City' s
expenses to purchase the required parkland.
The park dedication in lieu fees for Tract 5264 have been
calculated at $340, 488 in accordance with the Subdivision
Ordinance . If the City Council wishes to change the method of
calculating the in lieu fees, the City Council should direct
staff to bring back amendments to the Subdivision Ordinance for
City Council consideration.
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