HomeMy WebLinkAboutItem 4.05 SilveraRchTheVillas
CITY CLERK
File # D~[Q]QJ-[EJ[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 20, 2005
SUBJECT:
Approval ofImprovement Agreement for Improvements Associated
with Tract 7441, Lot Al (The Villas), Phase III - Silvera Ranch,
(Pfeiffer Ranch Investors II, Inc.)
Report Prepared by: Mark Lander, City Engineer
A TT ACHMENTS:
1)
Resolution approving the Improvement Agreement, together
with Exhibit "A", Improvement Agreement
Vicinity Map
2)
RECOMMENDATION:! ~doP' <h, R='u';= 'PP"''''''' tlæ Impro"mort Agreon~'.
FINANCIAL STATEMENT: Pfeiffer Ranch Investors II, Inc" has provided Performance Bonds
and a Labor and Materials Bonds, each in the amount of $106,058.00
(Bond No. 720111 S), to guarantee the construction of improvements,
and will pay associated construction inspection costs. Oncc these
improvements havc bcen constructed and accepted, the City will incur
maintenance costs for the street improvements.
DESCRIPTION: Pfeiffer Ranch Investors II, Inc. (db a Pinn Brothers Fine Homes,
Inc.), is seeking City Council approval of the hnprovement Agreement associated with Tract 7441, Lot Al
(The Villas), Phase III- Silvera Ranch. The Villas are the third phase of Silvera Ranch, a four-phase
residential development approved by the Planning Commission on September 23, 2003. The project site is
located on the east side of Tassajara Road immediately north of the Nielsen property, and will consist of79
single-family homes (The Estates), 73 single-family cluster homes (The Manors), and 102 multi-family
units or condominiums (The Villas). The Final Map for Tract 7441, Phase I, was approved by the City
Council on March 1, 2005, and consisted of 35 single-family homes and 28 single-family cluster homes.
Phase III includes the 102 condominium units. Improvements associated with Phase III include frontage
improvements (curb and gutter, sidewalk, pavement, and streetlights) on Tassajara Road.
An Improvement Agreement, guaranteed by a Performance Bond and a Labor and Materials Bond, each in
the amount of $ 106,058 (Bond No. 720111S), has been executed by Pfeiffer Ranch Investors to assure that
all required improvements are installed to the City's satisfaction.
__________~~_____~_M____W_____________~_~.__________________________________________________.________________
COpy TO: Dale Garren, PimI Brothers
Page 1 of2
ITEMNO.~
O:\ )EV~LOP\Silvcra kanch\Phll.se 3, The Vilhl.s\AGSTSilveraRanch_ imp agmt, Phase 3,doc
The Improvement Plans have bcen reviewed by Staff and found to be in conformance with the Vesting
Tentative Map and Conditions of Approval as approved by the PIarLl1ing Commission via Resolution No.
03~48. Aspects of the plans and map were also reviewed by the Dublin San Ramon Services District and
Alameda County Fire Department for confonnanee with each agency's requirements. Pfeiffer Ranch
Investors has submitted the required inspection deposit and insurance certificates.
Staffrecommends that the Cily Council adopt the Resolution approving the Improvement Agreement.
Page 2 of2
\0'62\
RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****..***
APPROVING IMPROVEMENT AGREEMENT ASSOCIATED WITH
TRACT 7441, Lot Al (The Villas), PHASE III - SILVERA RANCH
(pFEIFFER RANCH INVESTORS II, INC,)
WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of
Tassajara Road (formerly County Road 2568), were aunexed to the City of Dublin and to the Dublin San
RanlOn Services District via Local Agency Formation Commission (LAFCO) Resolution No. 2003·01-A
on January 9, 2003 (recorded on May 5, 2003, in Book 264 of Maps at Page 34); and
WHEREAS, the City of Dublin Plauning Commission adopted Resolution No. 03-48 on
September 23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441
(including Phase III, cncompassing Lot A1, also known as The Vi1Ias), subject to Conditions of Approval
regarding requircd on-site/off-site improvements (P A 02-024); and
WHEREAS, Pfeiffer Ranch Investors II, Inc., has exeeutcd and filed with the City of Dublin an
Improvement Agreement to install improvements associated with Phase III in accordance with the
Planning Commission Resolution, and in conformance with the improvement plans and the specifications
attached thereto; and
WHEREAS, said Improvement Agreement is seeured by a bond in the amount of$106,058 (Bond
No.72011IS issued by Developers Surety and Indemnity Company, conditioned upon faithful
performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $106,058 (Bond
No. 720111S) issued by Dcvelopers Surety and Indemnity Company, conditioned upon payment for labor
performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement in duplicate, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 20th day of December, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
:J~1 Livì y,'5
\-z...-zo- OS
City Clerk
ATTAUBMENT I.
2- Db 2.. \
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 7441, LOT A1 (The Villas), PHASE III - SILVERA RANCH
(PFEIFFER RANCH INVESTORS II,INC.)
This agreement is made and entered into this 20th day of December, 2005, by and
between the CITY of Dublin, a municipal corporation, hereinafter referred to as :'CITY", and
Pfeiffer Ranch Investors II, Inc. (hereinafter referred to as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Tract 7441, Lot A1, also known as
The Villas, Phase III, Silvera Ranch, in accordance with the requirements and conditions set
forth within the City of Dublin Planning Commission Resolution No. 03-48 (PA 02-024),
adopted on September 23, 2003, and City Council Resolution No. 207-03 adopted on
October 21, 2003; the requirements of the Subdivision Map Act of the State of California and
the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for
said development approved by the City Engineer on November 17, 2005, as follows:
. "lmDrovement Plans, The Villas at Silvera Ranch (Phase III). City of Dublin. Alameda
County, California" ( 23 Sheets: 1-23), prepared by Ruggeri-Jensen-Azar & Associates.
Said plans are now on file in the office of the City Engineer, and are hereby referred to
for a more definite and distinct description of the work to be performed under this Agreement as
though set forth at length herein; and
WHEREAS, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete such
I mprovements no later than two years following execution of this agreement or not later than
December, 2007. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
IMPROVEMENT AGREEMENT EXBIBIT A
C:\Dccurnents and Settings\Owner\LocaJ Settings\Temporery nter~8t Files\OLK1 D\lmprovemenCAgree
.
to f::Æe resclu__t/on..-
3Cb"2\
modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to b.e One Hundred and Six Thousand, Fifty Eight and 001100 Dollars ($106,058.00).
Said amounts include costs and reasonable expenses and fees which may be incurred In
enforcing the obligation secured.
Section 3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security Ina form satisfactory to the CITY Attorney:
a. Faithful Performance. Either a cash deposit, a corporate surety bond Issued by a
company duly and legally licensed to conduct a general surety business in the
State of California, or an instrument of credit equivalent to one hundred percent
(100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate sLlrety bond issued by a
company duly and legally licensed to conduct a general surety business in the
State of California, or an instrument of credit equivalent to one hundred percent
(100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the
Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the ,Ç:ITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or
designee, as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all jnsurance required under this paragraph, and such
Insurance shall have been approved by the Administrative Services Director of CITY, as to form,
amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence
work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance
shall be maintained in full force and effect until the completion of work under this Agreement
and the final acceptance thereof by CITY. All requirements herein provided shall appear either
in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
IMPROVEMENT AGREEMENT Page 2 of 10
C:\Documents and Settlngs\Owner\Lm::al Settings\Ternporary Intemet Files\OLK1 D\lmprovernenCAgre8ml!!lnt~Phase_11I1.DOC
November 18, 2008
YObL\
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" formCG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(Hi) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liabiiity: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(Ii) Automobile Liabilitv: $1,000,000 combined single limit peraccident
for bodily injury and property damage.
(Iii) Workers' Compensation and Employers Liabilitv: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liabiiity limits of $1 ,000,000 per accident.
e. Deductibles and Self·lnsurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as.respects the CITY, Its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses.
c. Other Insurance Provisions. The poiicies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liability and Automobile Llabilitv Coveraoes.
(a) The CITY, Its officers, agents, officials, employees and
volunteers shall be named as additional insureds as respects:
liabilîty arising out of activities performed by or on behalf of
the DEVELOPER; products and completed operations of the
DEVELOPER; premises owned, occupied or used by the
IMPROVEMENT AGREEMENT Page j of 10
C:\Documents and Settings\Owner\local SettJl"Ig$\Temporary Internet FiJe5\OLK1 D\lrnprovement_Agreement_PhasøJI11.DOC
November 18.2005
':::J Db 2. \
DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain
no special limitations on the scope of the protection afforded
to the CITY, its officers, officials, employees or volunteers.
(b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials, employees or
volunteers shall be excess of the DEVELOPER's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
(d) The DEVELOpER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
(ii) Workers' Compensation and Emplovers Liabilitv Coveraae. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work performed by the DEVELOPER for the CITY.
(iii) All Coveraaes.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
(a) Acceptabilitv of Insurers. Insurance is to be placed with
insurers with a Bests~ rating of no less than A:VII.
(b) Verification of Coveraae. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each Insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be received
and approved by the CITY before work commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
(c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as insureds
IMPROVEMENT AGREEMENT Page 4 of 10
C:\Documents and Settings\Owner\Local Settjr'lgs\Tamporary Internet Files\OLK1D\lmprovement_Agreement_PhaseJI11.DOC
November 18, 2005
l.Q o-b -1- \
under its policies or shall obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only Items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies,
materials'and devices of whatsoever nature incorporated in, or attached to the work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within S'aid one-year guarantee period without
expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects In design, workmanship and materials actually appear during the one-
year guarantee period, and have been corrected, the guarantee period shall automatically be
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
Inthe event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time or such longer time period as agreed to in writing by the
City Engineer, after being notified of the defect in writing, CITY shall have the right, but shall not
be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
in the event that any defect in workmanship or material covered by the foregoing guarantee
results In a condition which constitutes an immediate hazard to the public health, safety, or
welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect,
and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The
foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and
judgment of CITY.
If CITY, at iis sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of
IMPROVI'ME:NT AGRE:E:MENT Page S of 10
C:\Documents and Settings\Owner\Local Settlngs\Temporary Internet Files\OI..K1 D\lmprovement_Agreement_Phase_'111 ;DOC
November 1 a. 2005
/0b""2\
CITY without any expense to CITY in strict accordance with the Improvements plans and
specifications.
Section 7. Aqreement Assiqnment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion with in the time specified, or any -
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER's surety or holder of other security of breach of this
Agreement, or of any portion, there.of, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall
have the duty to tak.8 over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site of the work and necessary therefor. -
Section 9. Notices
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given tò CITY shall be addressed as follows:
Melissa Morton
Public Works Director
City of Dublin
IMPROVEMENT AGREEMENT Page S oj 10
C:\Documents and Settings\Owner\Local Settings\Temporary Internet File:s\OLK1 D\lmprovemenLAgreement_Phase_tI11.DOC
Novembsr 1 B, 2005
£, Dh'L\
_/
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shaH be addressed as follows:
Pinn Brothers Construction, Inc.
Attention: Alan R. Pinn, President
1475 Saratoga Avenue; Suite 250
San Jose, CA 95129
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Developers Surety and Indemnity Company
Attention: Robin Westfal
2999 Oak Road, suite 420
Walnut Creek, Ca 94597
Any party or the surety may change such address by notice In writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or 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 peliormed 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 project site shall not be constrUed in any manner to constitute a
partial or final acçeptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
when the work or its progress may substantiallY and/or detrimentally affect public health and
safety. .
Section 11. Safetv Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements as may be necessary to prevent accidents to the public and damage to the
property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to
be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and
other safety devices (except such safety items as may be shown on the plans and included in
the items of work) shall be removed from site of the work by the DEVELOPER, and the entire
IMPROVEMENT AGREEMENT Pag.. 7 of 10
C:\Doc:uments and SeuJngs\Owner\Local SeUlngs\Temporary Internet Files\OL.K1 D\lmprOV8m8nt.Agreement~PhaS9JI11 ,DOC
November 18. ~005
C\ Œb 2\
site left clean and orderly.
Section 12. Acceptance of Work and Riqht-of-Wav.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall recommend
acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
If not previously dedicated on the final map for Tract 7441, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications. .
Section 13. Patent and COQvriqht 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 or publication.
Section 14. Aiterations 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 aiterations 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.
Section 15. Liability.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper
manner. DEVELOPER agrees to indemnify, defend, release, and save
harmless CITY, and each of its elective and appointive boards, .
commissions, officers agents and employees, from and against any and all
loss, claims, suits, liabilities, actions, damages, or causes of action of every
kind, nature and description, directly or indirectly arising from an act or
omission of DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not. waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
IMPROVEMENT AGREEMENT Page 8 of 10
C:\Documents and Settings\Owner\Local Settings\Temporary Internet File.s\OLK1D\lmprövement_Agreement_PhaseJI11 ,DOC
November 18. 2005
IÛ ~ "2:\
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered,
or alleged to have been suffered, by reason of any of the aforesaid
operations referred to In this paragraph, regardless of whether or not
CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not
such insurance pOlicies shall have been determined to be applicable
to any of such damages or claims for damages.
b. Desian Defect.. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or
within one (1) year following atceptance by the CITY of the Improvements,
and said design defect, In the opinion of the CITY, may substantially Impair
the public health and safety, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Performance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c. Litlqation 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 thErtermsof 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. If CITY is the
prevaiiing party, CITY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements arid/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
IMPROVEMENT AGREEMENT . Page 9 of 10
C:\Documents and Settings\Owner\Locat Settings\Temporary Internet Files\OI.K1 D\lrnprovi!!Iment_Agreement_Phase J 111.DOC
November 18, 2005
\ \ 00"2..\
CITY OF DUBLIN:
DEVELOPER:
Pfeiffer Ranch Investors II, Inc.
Date:
BY~
By:
Janet Lockhart, Mayor
ATTEST:
Alt'lÞ? R. t?...., I .:?~.JJ~rlZ::
Typed or Printed Name
By:
Kay Keck, City Clerk
Title
/0~05
Date:
Date
IMPROVEMENT AGREEMENT Page 100110
C;\Dooumeols "od Settlogs\Owner\Local Settings\Temporary IntefOet FII..\OLK1 P\lmprovemont_Agreement_Pha.eJI11.DOC
November 181 2005
\L.-Db~"\
r-.,~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
[ .
State of California / /" /J
County of SoH1b L.eç¡Ýt!:<.
On ¡(/t7VImbqr
Dale
.3:7/)005: before me,
.A/c:¡w
personally appeared
1
1
I'
r---··-------~
. ROIIIEQN.CASTRO
. Commi..ion '" 1338296
¡. NOII.ry Public· Califomia ~
j Santa Cia"" County f
_ _ _ ~:o:m.:...~¡~~B~2~
} 55.
)ZpÞrlRÐ ÆI. (q¿,4
¿> 1II"'~l1dl1l16ojom~((~.a.. 'Jl!1i1&Doð, NcœyPulJllc")
.1"'1..."
Nllmll(lIj01 Slgr¡tir\,)
lJI:1¡ersonally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Is/are
subscribed to the within instrument and
acknowledged to me that heJsheJtheyexecuted
the same in his/her/their authorized
capaclty(les), and that by his/herlthelr
signature(s) on the Instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the Instrument.
~
3lgn!ltul'901NotsryPubll!:
OPTIONAL
TMugh 1M informstior¡ ~/DW /Q not fBqulrM by law, it ltJBy prove v81uabJ9 to pm'sotJs relying an the t;kxLlment and could prévsnt
frau(ÚJr~mr remQval and /'Ðsttaçhment of thIs form to another d~l1mBJit_
Description of Attached Document
Title or Type of Document:
Document Date:
Slgner(s) Other Than Named Above:
Capaclty(les) Claimed. by Signer
Signer's Name:
I·
o Individual
o Corporate Officer - 11IIe(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Consarvator
o Othar:
. Signer Is Representing:
Number ot Pages:
Tap of thumb Mte
--~~~~~~~""""""
~ 18BB NgtlDnøl NolslY A9!u)(;i¡! ~DrI . ~~~ DII SaID Ave., P.O. 8Q~ í?4(1~ . CI~!iœWOr1h, CA 81.3 3-24Q2 ,'ww\li,n/ilUO!lE\Ir'KJtai",'.~
Proo.ND..!!iB07
R-ordlr: Cøll TOII-FrIl1!l1·ðOO-87!H!8Z'i'
\310 -¿\
C\
'¡j'[}mì
InSC:li!Jlco
~ß!ß
INSCO INSURANCE SERVICES, INC.
Undarwrltlng Manager for:
Develope'. Surety and Indemnity Company
Indemnity Company af Ca,lIfomla
177S0 Fitch, Suite 200 . Irvine, California 92614· (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
ßOND.NO. 720111 S
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESE!\'TS:
111"[ we, Pfeiffer Ranch Inve~tQrs II. Inc.
and Devclop~t Suretv and Indernoitv Company
under and by vjnue of the laws of the State:: of Iowa
to conduct ~ gene-rut surety businc5~ 111 the: Stat~ af California as Suret}', are. held and firmly bound unto the
as Oblige-e, in [he pc:nal 51.lm of
OueHundrcd and Six Tho1Js2t1d, FiftyEip-pt"t1d 00/100 ($ 106.058.0Q ) DOLLARS.
for whkh pnymcnt. well and truly to bo made:, W~ bind (}IlThelv~!ì, ü1li' heir.!ì¡ e:"xecutm's and ~ucceSSDrs, jointly and seve.raJ1y finnly by thc.sc:
prt:.se.nts.
, .8 Pri"cipal. .
, <I corporation organíæd and doing business
and duly liccnsod
CJty ot Dublin
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WhCTca:;;~ [he ~çwe~named Prin.cipal. has entered into an agre.~mcnt which i1' made a part of thÌs bond, with the ~~
~!tv of Dublin , Slale of CaJiforrria. as Obligee, for ,he do¡;jgqaœd public
;mJ'.rQv~ments in Ih, ,ubdivi,;(," identifLod a8 . l?Iprovcmellt Plans, The Villas at Silvera lþmch (phase III)
Llty of Dublin. .Alameda County. (.al1f0Tt11a ," required by the Governme"' Code ofCalifomia.
Whcr~as. uodel' the terms of said 8.greem~t, rincìpal is required before entering upon the performance of the work, to tile a gOod and
~llffió:¡c=n~ payment bond whh th~ . . \0 ~~c;l1re the claims
to which fcfeT~nce; hi made in Title 15 (c.ommcncing wìth Se.clíon 3082) of Pan 4 of Division 3 of the CiviJ Code of the State ofCaliforoia.
N(JW, thctdorc. said principa1 and the undersigned, as sur~ty, arc held firmly böund Unto ~he Citv of Dublin
and aU contractors, subcontractors, laborc:rs. materialmen and other persons
employed in ~he performance of th~ aforesaid agrccrncnland referred to. in the afo~snid Code of Civil Proccdure for material furnished. or labor
thereon of any kind. or for i1mount."ì due undcr the Unemploymcnt Immrancc: Act with respect tö :mch work or labor. that 'said surety 'WÌU pay
the ~amc in an am¡¡unt not exceeding the penal sum hereinabove set forth, and als.o in case suit i~ brought upon this bond, wil1 pay, in addition
to the penal s!;'!T1 thereof! cost~ and reasonab]e expense.;s and fees~ including reasOnable attorney's fees. incurrcd by
Cl1:Y of Dublin i" .ucccssfully cnforci"g ,uch obligatio", '0 be owordcd nnd fl10d by the court,
and to be taxed as costs and to h~ induded in the judgement therein rendered.
H i:- l1~l·cby expressly stipulated and agreed that this bond shalJ ìnurc 1:.0 {hI:- bc=nc=f¡~ ()f any Wld an r~!inn1>, companie~ and corporationt>
~l1title:d to me claims undcT Title 15 (coitnne.ncil1g with Section 308.2) of Part 4 of Division 3 of th~ Civil Code. so as to give right of action to
them or their assigfl8 in nny !iuit brought upon this bond.
Should the conditiot\ of this bond be. fully performed, then this obliga.lion shall be.¡;;ome null and void, otherwise it shall be a.nd remain
in full force and effect.
The 5Urcty hereby stipulates and agrees that no chnnge., ext~nsion of time; alteration or additjDn to lh~ lormS. of I'aid agreement Or I.hl;:
specific¡¡tion~ ac(;ompanying the Sílme shall in any m¡trinct' affect hs Obligations on this bond. and ¡t doc/> hereby waÎve. noûcc of any such
change. C;(t¢ 1, )\on, alteration or addition.
In witnos.~ whereot. this. ¡nstrumen~ has been duly executed by the principal and surety above n.amed, on
November 30 2005 .
PRINCIPAL: Pfeiffer Ranch Investors II, Inc.
~~~
Timothy St:ubird,
AttorneYrjn-Fa.ct
ID.1093 (CA} Subdivision L.ø.bQr ~M Matðl'tal Band (REV. 1101)
IY Db "2.\
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE, CA 92623 (949) 26)·»00
KNOW ALL MEN BY THESE PRESENTS, that except as cxprC:!i!¡;!Y limited, DEVELOPERS SURETY AND l'NDRMNlTY COMPANY and INDEMNITY
COMPANY OF CA1JfORN1A, d.o each, I1crcby make. constitute and appoint;
-'Timothy Starbird-'
as th~ir true and lawful Attom~Y(5)-ill~f"'act, to make, execute, deliver a.,d acknQwledge, fQr and OJJ ncl:ialf of said coqJ(1raticmJ), as sur~tics. bond!;,1.lIldcrtakíngR
and. ÇQ[ t~çts Qf¡¡1,lrt:ty!5hìp giving aDd granting unto said Anorney(s)-in-Fact.thl[ power and authority to do and to pcrfonn every act necessary. requis;t~ or proper
to be done in cOllnection therewith as each (If said corporations. COllJj do, but reserving to each of said corporluions [ull power of substitution and r~vocatiotl, and
an of the acts of said Anotney(s)~jn-Paúl, pUl1iuant to the:;c prl::liOno., are h~eby ratifÍt:J and confirmed.
This Power of Attomey Îs granted a.tJd is signed by fat!iimiJe under a:nd by authority of th.e following resolutions adopted by the respectivc: BO~l.rd of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and fNlJEMNfrV COMPANY Q)~ CALIFOKNIA, ~ffccljve ¡;Iii of November 1, 2000:
RHSo.LVF..D, that the ChaJnnan of the Board, the President and any Vice P!'esident ot"thc corporation be, and tbat each of them hereby is. authorized to
execute. Powers ofAttorncy, quaJifying the aHurncy(s) m)'T1i~d in the- POWen; of Atlornc::y to eX~cllte, o ] behalfoftbt corporütion:!i. bonds, undertakings and (;oIHraC"ts
of su:rctyship; and that the S(:cretary or any AÃ~iRtant ~ccretary of the corporations be, a.nd each of them hr;:rcby i~, authorized to att!;:" )t the ex!;:cutìon of ¡my such
P'ower of Attorney;
RESOLVED, fURTHER, that [he signatures of such officers mfty be affixed to any stich Power of Attorney or to any certificate relating Thereto by
facsimjle, and any such Power of Attort.u:::y or certificate bearing !;uch fncsimile signatures sho.ll bt "'aJid arid bindin~ upOn the corporation wht=n So affixed alld in
the future with re::;p~út tu ãny bond, und~rtaking (If CO!;1ITact (If suretysh.ip to whiçh it is .attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANV or CALIFORNIA I",. ,"v<tOlly causcd
Ihe:i:.e presents to bt signed by their re~pectiv~ Hxc:cutíve Vice President and atte1>tro by the:ìr respective Sl::crctary thili 1st day of February, 2005.
'(~~) ~)
By: ...___...".
~ ~"'''~.~
Walter A., CT(lwcU. ~ecrct&l)'
,..o11.IIIII'I!",
~,\\"{ .l\NO I.;~"'~
I:~ø ...........".:'ð"'.~
4'/'o-¡'POR-4?~~
t7)! (,¡ ~\~
!~! OCT. .""':
:~! - 10 ]t",IS
h\ 1936 l!i!
\"'''.}';-''"./ow ~ ......-;.,bl
,'1"0' .......,... 'r-".to~
~"'" * 1/&,,'1....,'
""'111.'11.1.1
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On h::.bru.ary 1, 2'005, bd'orc me, Nit~ G. Hit1ìneycr, personally appeared D~vid J:i, Rhodes ani:! Walte;r Á. CrQwell, PCTW'Osl1y known to me (í?r proved
to me on the basis of sati~factory evidence) to be the persons whose names are subscrjbed to the within instrument and. acknowlcdg~d to me that they cxecutc:d the:
same in their autboriz~d capacities. and that by th~r signatures on the ins.ltum¡:nt the entity upon bebalf of which the persons acted, e"ccuted the instrument,
WITNESS my hand and official seül.
Signan"c ~ ¿- ~LA.-J
fa NITA G. HIFFMEYER
~ COMM.~ 1643481
!II NCm\R'I P!JSUG) CALIFQ!INIA
;¡: . ORANGE COUNTY
~ . ~;;~'~:æ:~..1a:~~
CJ£RTl¡.."lCATE
The undersigned, &/> l:ix~cutive ViccrPresidcnt. of DEVELOPERS SURETY AND lNDBMNJTY COMPANY and INDEMNITY COMPANY or
CALIFORN[A, does b~r~by ~e:rtity that the foregoing Power of Attorney remains in fl..11l fOrce. and has not been revoked, and tùrtbcTmorc, th¡;lt th~ pmvÜ¡ion~ of
the n:!5ollltì()n~ of the respective Boards off)¡n::eto~ of said cO!"p(lratiQns set fortn in the powcr (If Attorney, an=: in force !IS öf th~ date Oflhis C~rti(icllt~.
This Ccrtîticatc is e"ccutçd ill the City ofIt'vine, Calitonlia, the ..1O..:t.h... day of
By ;;;J¿~ï;::=P!~
Nn"r,..mhp.'r'
2005
ID-IJ80 W'V. 2/05)
\5D62\
~~~~
-~
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
: ¿~~r:~
...-.,..
-
State of California
Santa Clara
County of
On November 30, 2~0q,efore
Llata
-"
"""
~~1~
} ss.
Maureen Barreras, Notary Public
personally
appeared
me,
Name and 11119 of Officer (e.g., 'JI!I1'19 O(l!¡l, No'Iflry P!,!þll..")
Timothy Starbird
NamS(SlofSlgner(s)
~------------
M.\\IR£EN IlARREW
. ~ CommIssIon#1373283 .~
¡. Not"'V PublIc . C_ I
f Santa ClaraCounly d
... ... __ ~:~:~~,!7~
PIROO NQmry Sel;1 Abo..."
~ personally known to me
n proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/shelthey executed the same In his/her/their
authorized capacity(les), and that by his/herltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
"--frlcJ JJ..tV»n JÔc>~.¡;u;.....
S!gT' ¡;¡1url3 ¡¡f No~ry PL.Jbli¡;¡
OPTIONAL
Though the Information below 1$ not requIred by law; it may prove valuable to persons relyIng on the document
and CQuld prevent fraudulent removaf and reattachment of this form to another document.
Description of Attached Doc\.!lTleljlj & . 1 B d 720111 S
Title or Type of Document: LaOor Matena on w.
Document Date:
Number of Pages:
Signer(s) Other Than Named Above: ____
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
D Individual
D Corporate Officer - 11I1e(6):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer'S Name~
D Individual
D Corporate Officer - Tille(s):
D Partner - D limited D General
D Attorney in Fact
o Trustee
C Guardian or Conservator
D Other: _...-._
Top of thumb here
RIGtiT THUMBPI'1INT
OF ~IGNr::R
Signer Is Representing: _
RIGIIT TlllJMBPRINT
OF SIGN[:R
Top of thumb here
Sigrier Is Representing:
~eorder. Call Toll-Free '-SOO-97S·6a27
_.9" ~ - _,"'""" _ ~~~~:~ """""---..
~ 2004 Nati¢r'lill Notary A!!80ClaUon . 9350 De SotoAve" F'.O. Box 24<.12' Chatsworth. CA 9131,Ni!40::': Ilem No. 5907
\ 19- 0 ¡-:-¿ \
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r '_"~~'"'Q I"_}O~ ----,
~ County of ~#h a/f .
I
;
I
1
1
Dat"
betore me,
~ðÞ?7f'Ð ;r/ (Ôs lí~
f? þme and illlll cIOI1iCfl¡ (t:I.Q., "JHnll OCð, N~lIry P\.Iblic")
'.. -?
On
personally appeared
À/~n R.
NMn'M!I(~) riI Slgrwtr(¡;j
Æ!Þer$onally known to me
o proved to me on the basis of satisfaotory
evidence
'I
I
,
"'"11".1'- ROMEO N. CASTRO
@""comml"'ion#1338296",
~¿ . 4: N¡;:tTIr¡ PUb:it:. .. Californ¡a ~
i: '.' s.!~f1tR C)(~ra county
i '. ' My ('...omrtJ. 8~:lIres Jan 6, 2006
to be 'the person(s) whose name(s) Is/are
subscribed to the within instrument and
aoknowledged to me that he/she/they executed
the same in his/her/their authori>ed
capacity(ies), and that by his/h.er/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted. executed the instrument.
~~du~
Slgnll'lurll plNç¡I~1'¡I F'IIDllc
"
OPTIONAL
Though rhe IntOrttJi!Itiaf ,/;JBIQW Is not required by law, It may pta\le vBluabhJ to pl!Jrsðfl~ relying 0{1 the docum~J'It rInd could preVi;lf/t
fraudu/9r!l removsl end reartd~hml!lnt ÇJf this form ra 8,;'¡Oth9t. dCJCument.
\
'I
I
I
Description of Attached Document
Trtle or Type of Document:
Document Date:
Number of Pages:
)
.)
Signer(s) Other Than Named Abcve:
Capaclty(les) Claimed by Signer
mgnerls Name:
iJ Individual
o Corporate Officer - Title(s):
o Partner - 0 limited 0 General
o AltorneY'În,Fect
o Trustee
o Guerdien cr Conservator
LJ Other;
Top'QI th(J!'t' ~ hare
I,
Signer 15 Representing:
I
~~~=~.. Co
C 1999 NII.~¡¡n~] NctJ.r~ AA~ClCltl!lO~' 93~1J Dc Sato Ave" P,O. !;lox 2402· Chli!!lwtlrth, (;.A 1'1131:3-2402 . WWN.n..tlonAlnoi~fY.()~ F'Md, NtI. ð(/O" ~øn:mr. elll) ÌDII.~I~Q j.f,lOIJ-57¡: .ai¡li!7
.,
n 0 "2..\
'jj'r:;:Œ
InSCI¡f,JII:c
~@b!J~
INSCO INSURANCE SERVICES, INC,
Undorwrillng Mo.og., for:
DevslDpers Surety and Indemnity Company
Indemnity Compar1Y of Callromil!l
177.60 Fitch, Suite 200· INin,B. CalifornIa 92614. (949) 263-3300
BOND NO. 7201115
$ 1.061.00 oremium is for
a term of
TWO
year(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Pfeiffer Ranch I!:1vestors II, Ine. ,a. Principal,
and De:vdotJer Suretv and Indemn1tv Compa.ny , a corporatioD. organized and doing business under and by virtue Of the
law, of the State of Iowa and duly licOI1sed to conduct . ~cnera! ,urety bu,inc" in the State of California
as Surety, are held ""d firmly bound uItto
City of Dublin
as Obligee, in thc Sum of One Hundred and Six Thousand, Fifty E41;ht and 00/100
($ 1 06,0 SR 00 ' ) Dolla.., for which payment,
well und truly to b~ made, we bind ourselves, our heirs. exe~utors a.nd successor~, JOÎntly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT;
WHEREAS, the above nomed Principal. as . condition of the tiling of the final subdivision mop of (Tract/Parcel) Map No. ~,
'fract 7441. Lot A 1 entered into an "grooment or agreemellrs with .aid Obligee to co,"plete the improvemcnts specified in
said agreement or agreements.
NOW THEREFORE, the cOl\dition ofthi, obligorioll i, ,uch. that ifthc above Principal ,holI well ond truly perform said agreement
or agreements ùuring the original tenn tberc:af or of any extension of said term that ma.y be granted by the Obligee with or without
notice to the Surety, this obligatíon shall be void, othr.."IWise it shalll:'emain in full force and effect.
IN WITNESS WHEREOF, the .e.land signature of said Principal i. hereto affixed and the corporate 'eol ond the name of the said
Surety is hemo aftixed and atte,ted by it. duly authorized Attorney-in-Fact at .
San T o~e
California, this
30th
day of
November
2005
YEAA
"PRINCIPAL"
"SURETY"
Pfeiffer Ranch Investors II, Inc.
øß-/?'Æ:-
Timothy S"'-rbird, Attorney-in-Fact
ID.1266 (CA) IREV 1101)
\ '6 vb ""2..\
POWER OF ATTORNEY FOR
DEVELOPI!:RS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE. CA 92623 (949) 26J"J)()O
KNOW ALL MEN BY THESE PRESENTS, thal except a~ exprc!iRly limít~d, mWELOPPRS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORN'IA. do each, hereby make, cQn!';.tìt1;ltc and apPQi!:Jt:
"'Timothy Starbird'"
as thej¡' trne alld lawful Attomey(!;)-in~Fact, to make, execute, deliver aJid ac:k.nowl~dgel for ilnd on behalf of said corporations, J'iS sureties, bonds, uTldertakì[1g5
nnd contracts of ~urctyJ'ihip giviDg mid granting unto saidAtt(1rn~y(s)-in-PI1()l full 'Power Iißd aulhorìty t() dQ and to pcrfoml every ~ct nec~ssary, requisite Qr proper
to be done in connection thf.:rcwhl1 as each of said corporalions could. do, but reserving to each of !;>sid corporations íhn power of Sl1bstitutiot'J and revocation, :and
aU ofthç açt~ of !5aid ATtorney(s)·in~F¡),ct, pursuant to th~.!;e prC!;cmtfi, arc hc=r~hy ratU1~d aJ1d cQIli:Ïnned,
Thi£ POwer of AUomey is grantod .and is sig~1f~d by fa('.simil~ under atld by autboriry of th~ following rvsolutioT1!5 adopted by the n:spcctivc Board of ()ir¡;:dOIl:i of
D1WHLOPER~ SURETY AND INDEMNITY COMPANY ,nd INDEMNITY COMPANY Of CALIFORNIA, etreetive as of November I, 2000:
RESOLVED, that the Ch.aim1all of the Board; the President and any Vice President of the corporation be, and that eac.h ofthc.m hereby is, authorizçd to
e=:xecutç Power!! ot'Anorncy, qualifYing the attomey(.s) mImed in the Powers of Attorney to c=x~çutf:;, on bchajf ohhc corporntions. bonds,' w1dertakings and contracts
of suretyship; aod that the Secretary Or any Assistant Secrct:ary ofth~ corpQr.ations be, and each of them hereby is, authorized to atte!;t th~ execution of atìy sllch
P'ower of Anonley;
R.ESOLVED, FURTHER~ that tbe signatures of:mch officer!; may be affb:cd to any such Pow~r of Attorney or to Rfty certificate t'elating thereto by
t1:lcsimile. and an)' such Power of Attorney or œrlificutc: bearing !;uch facsimile !;igl.latures shall be valid and bindit!g upon the corporation wherl so affixed and in
thÐ furnre with respect to any bond¡ undertakin~ or contraçt ofS\lrctyship to which it is attached.
IN WITNESS WHBREOf, D.EVHL.OPERS SURETY AND INDEMNITY COMPANY .nd INDEMNITV COMPANY OF CAJ.WORNIA bove severally cau5ed
thcse present.,<; to be signed by theil' resp~Cli'l¡t Executjv~ Vic~ PrcJ:;id~nt and .auc8tcd by their rts'pective Secrc:tary thjs 1st day of February, 2005.
....----
\'I.illll r.,
.....~.·'i ANlJ /1'"°""
.l"~~···I·'···"···~C¿'
!~",·o~f'OR4Jo·"'of.:\
¡~ jf;.J <"'"\~",
:~{ OCT. t..(~
!~~ 10 ~C",I~
l<;'\ 1936 ¡~J
\1r~~..,.{OW ~_,.§~.
~ "" '''".'' ~~-
".....t, ¡ * .~,"'\'
jl,,,.tllI.,1)
Oy: __
""=~'2.n
Wa.lIer A_ Crowcll, Secretary
STP;rE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
01'1 February 1, 200.5, before Ine, Nita G. Hitrmeyer, personaJIy I1ppeureù Dil'l{id H~ Rhodes and Walter A. Cr6wcll, pe=:r!;ona!!y known to me=: (or proved
tQ me on the basis of satisfactory evidence) 10 be the perSotls whùse nfirtlC:!i arc: :<i.ubscrib~d to the within ín5tn,lIncnt and :acknowlcdg~d to me that they executed the
same in their authorized capaciti~s. and that by their signaturc::s 011 the Ìn!!ITwncnt the entity \lpon bch:::¡]f ofwhieb the persons aotcd. executed th~ instrument,
WJTNF.SS my hand ß.nd official seal.
¡a· NITA G.HIFI'~~~R· ì
i . COMM.II'1543481: ¡
N<mRY I>USUO CAUFOn>M Iš
ORANGE COUNTY ..
~ , . ~~~,~~re~J~n..10:~'
Signamrc /háJ ð, ~tA-J
CERTIFICATE
·the ulldcr~ig:ned, a!5 Exccutîv~ yiec--Prcsident, of DEVELOPERS SURETY AND INDEMNITY COMPANY and JNù'£MNITY COMPANY OF
CALIFORNIA, Goes hereby certify thar the foregoing Power of Atlm'm:y remuins in full force and has: not been ,re=:voked, and furthemlorc, that the provj¡.¡ om> of
the resolutions of the respective BO~rds of Direclors of.!iaid corpoTatiom set forth in the POWC( of Anot'Dcy, arc in fQrce as ofthe date ofthh Ccrtitieatli:,
Thi~ Certificate is executed in the City of Irvine. C;¡.Ufomia. the3..O..t.h.. day of NO_~.~mÞ,~,I'..~~w._'~ 200~.
..-
BY&~~ t '
Dav;d L'."¡(;;';gan, Hx;;~~tivo ViCC'Prc~
ID·D80 (Rev. 2105)
\ ~ Db '2.\
.....~---
QIi
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
- - - ,~~ä,': ~ ~ ,~...,~,",~,;~
j ¡;¡; lii'Ri:-:J; ~_~~~~!'
State of California
County of
Santa Clara
me, Maureen Ba17"eras, Notary Public
Name and T1t18 of OtllcElr (e.g., "Jan¡:¡ 001\1. Nãq¡,ry PI,I!;Þlilj"¡
Timothy Starbird
Namø(s) ofSlgnar(a)
On November 30, 2004,efore
,
D.~
personally
appeared
:-
} ss.
I----~
-@ =~~~3-f
j NOby PuOIc . CaIItomIa
IorIIa CIQ Q eo...tv -
- - - ~~~'!~~
~Iace Notary Seal Above
-Ki personally·known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and aoknowledged to me that
he/she/they exeouted the same in hls/her/thelr
authorized capaclty(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
exeeuted the instrument.
~\~.!'JESS my hand an~icial seal.
j ¡ laLVV 1m . rJAN MifL...
SI!:lni!ltI.J~ of NQI~ry Public
OPTIONAL
"
Though the Information below Is not reQlJlred by fdW, it may prove V8./uable tö persons relyÎng on the documfint
Bnd could prevent fraudulent f8moval and reattachment of this form to anothBr documt:mt.
Description of Attached Doclpflenfc
Title or Type of Document: _.,... ¡-,en ormance Bond 720111 S
Document Dete:
Number of Pages:
Signer(s) Other Than Named Above:
Cepaclty(ies) Claimed by Slgner(s)
Signer's Name:
D Individual
o Corporate Officer -lltle(s):
D Partner - D Limited D General
D Attorney In FacI
D Trustee
o G,"m"" m """~~
n Other:
Signer's Name:
D Individual
o Corporate Officer - Title(s):
o PMner - 0 Limited 0 General
[J Attomey In Fact
U Trustee
o Guardian or Conservator
U Other:
RIGI-IT THUMBPRINT
O¡:;SIGNI:.II
Top of thumb here
Signer Is Representing: _---'--
,-~,--~~,--_.,._""-
RIGHT THUMBPRINT
Úf SlliNI:.H
Toþ Qf thumb hefe
._~~-~
Signer is Representing:
~ w ~
Item No. 5907 f'¡eon:ler: Call ToIl-rree 1-a.OD-B76-Fja~7
L.. J-......--..~ _ ,....... .......
02004 Niiltionø.1 N<JtBI)' AssCJ~ atlon . 9350 Oe 6oio Ave., ~.O. BoX' 2:402 . Ohatsworth. CA B1313-2402
·,
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~
i County of S~m£ ¿¿{kt } SS. :
~~'.: On 0"",,,6) d (QJh :
~j before me" _._ ..." )
I Dille 1\ ./...,. J-A /J.,. ... ~1I::;n(! TUle of Of i~i!t {e.g., 'JIIIIQ 'PQe, Notary Public") I I
I personally appeared I r'« 4' v, ((. J
N!lme(5J'DtS¡¡;nef(t¡
I .)
I,
. D personally known to me
D proved to me on the basis
evidence
of satisfaclory
.1'"
"
},
to be the person($) whose name(s) Is/ar.
subscribed to the within instrument and
ecknowledged to me that he/sheJthey executed
the same In his/her/their authorized
capacity(les), and, that by his/her/their
signature(s) on the in.trument the person(s), or
the entity upon behalf of which the person(.)
acted, executed the Instrument.
- ..<10
.. -0'." ~ - œ'--f
ROMEO N. CASTRO
Comrni!isior\ # 13M·296
Nctz¡-y Public ~ Ca.lifom"IÐõ ~
S",\¡" Ci.." County 1.'
My Comm. ".><pire. J"n B, 2000;
_ __ '" """' ~..... __ __.c. '
:!;lgrull Jrll 01 Now.r)I P¡Jl!li~
OPTIONAL
rho~h th~ infotms,tian below i;¡ nor requited by law, ;, may prOve valuBt:iIfJ W persons relying on the cJccumenJ aM cDuld p~v~nt
fraur;J/,Jlent f8moval Bnd ~ttaohm6nt of this form to anorh9f doCLlment.
\
Description of Attached Document
l1t1e or Type of Dooument:
Document Date:
Number of Pages:
Signer(s) other Than Named Above:
I'
I'
Capacity(ias) Claimed by Signer
Signer's Name:
I'
D Individual
D Corporate Offioer - Title(s):...
D Partner- 0 Limited 0 GeneraJ
o Attorney-In-Fact
[J Trustee
D Guardian or Conservetor
o Other:
T(J¡)t)1 thumb hera
Signer Is Represen jng:_.~
L«> ~ _~
<01999 N&Dn¡¡¡I Noja[y Aawtiã!ion' B3SO De Soto AI/e" P,D. 6( ~ 24~ . Chllt5warll'¡, ç" 91313-2401. www.NlI!(If"I~ll.\~t£i(y.Olg
,,~~~,
~rcti. Nc. 5907
RgDf~ør: CflIIT¡jII-Free 1-/!OD-a'7~'I\B27
;)0 Db -¿ \
"
1
,I
1
·~I
§
\~
t:l
o
o
N
II
....
~
~~
~
v
"
~
~
~
t..R'
I:::!~
~
'-
~p ~
~a
1_
¡ (1)(,"9)
~ (r) ll;
OHONr.
v--- (r) ~ ,19
(f)x.~ ,LH:ll 1.!K.61.1ON
\t ,9n¡ç ~or.~
I
~ >- ~ A. .....~
~ I
~ J -< ~~
·2 ~ ~<f.I,
<0. cp_
.----..-