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4.09 Approval of Final Map and Improvement Agreement, and Acceptance of Parkland Dedication In-Lieu Fees Associated with Tract 7539, Phase II - Silvera Ranch, (Pheiffer Ranch Investors II, Inc.)
CITY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 20, 2005 SUBJECT: ATTACHMENTS: RECOMMENDATION: 0 �C2 0 Approval of Final Map and Improvement Agreement, and Acceptance of Parkland Dedication In -Lieu Fees Associated with Tract 7539, Phase II — Silvera Ranch, (Pfeiffer Ranch Investors II, Inc.) Report Prepared by: Mark Lander, City Engineer 1) Resolution approving the Final Map for Tract 7539, together with Exhibit "A", Improvement Agreement 2) Resolution Accepting Parkland Dedication In -Lieu Fee 3) Reduced copy of Final Map Adopt the Resolutions approving the Final Map and Improvement Agreement, and accepting Parkland Dedication In -Lieu Fees associated with Tract 7539, Phase II — Silvera Ranch FINANCIAL STATEMENT: Pfeiffer Ranch Investors II, Inc., has provided Performance Bonds and a Labor and Materials Bonds, each in the total amount of $991,417.00 (Bond No. 7210100S), to guarantee the construction of improvements, and will pay of associated construction inspection costs. Once these improvements have been constructed and accepted, the City will incur maintenance costs for the street improvements. Pfeiffer Ranch Investors has provided Parkland Dedication In -Lieu Fees of $107,730.00 for Neighborhood Parks and $180,180.00 for Community Parks. DESCRIPTION: Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes, Inc.), is seeking City Council approval of a Final Map associated with Tract 7539, Phase II — Silvera Ranch. Tract 7539 is the second 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 of 79 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 II includes an additional 45 single- family cluster homes. COPIES TO: Dale Garren, Pinn Brothers 1 ITEM NO. G:\DEVELOP\Silvera Ranch\Tract 7539 - Phase 2\AGST7539_ imp agnt, Phase 2.doc An Improvement Agreement, guaranteed by a Performance Bond and a Laoor and Materials Bond, each in the amount of $991,417 (Bond No. 720100S), has been executed by Pfeiffer Ranch Investors to assure that all required improvements are installed to the City's satisfaction. The Final Map and Improvement Plans have been reviewed by Staff and found to be in conformance with the Vesting Tentative Map and Conditions of Approval as approved by the Planning 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 conformance with each agency's requirements. Pfeiffer Ranch Investors has submitted the required inspection deposit and insurance certificates. Parkland dedication in -lieu fees of $107,730.00 (Neighborhood Parks) and $180.180.00 (Community Parks) have also been submitted. Staff recommends that the City Council adopt the Resolutions approving the Final Map and Improvement Agreement, and accepting Parkland Dedication In -Lieu Fees associated with Tract 7539, Phase II — Silvera Ranch. RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT 7539, PHASE II — 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 annexed to the City of Dublin and to the Dublin San Ramon 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 Final Map for Tract 7539, 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 provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 03-48 on September 23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441 (including Phase II, being filed as Tract 7539), subject to Conditions of Approval regarding required on- site/off-site improvements (PA 02-024); and WHEREAS, Pfeiffer Ranch Investors II, Inc., has executed and filed with the City of Dublin an Improvement Agreement to install on -site improvements within the said Tract 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 secured by a bond in the amount of $991,417 (Bond No. 720100S) 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 $991,417 (Bond No. 720100S) issued by Developers 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". BE IT FURTHER RESOLVED that the Final Map of Tract 7539 is hereby approved; and that rights to the areas marked as Rocking Horse Court, Public Service Easement (P.S.E.), and Emergency Vehicle Access Easement (E.V.A.E.), offered for dedication to the public in conformity with the terms of dedication, are hereby accepted subject to improvement; and that the Clerk of this City Council is hereby directed to transmit said map to the County Recorder for filing. v y 9 S LTTt€IOtE1fl /. Z %3Z PASSED, APPROVED AND ADOPTED this 20th day of September, 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DEVELOP\Silvera Ranch\Tract 7539 - Phase 2\RES07539_ imp agmt, Phase Il.doc 2 CITY OF DUBLIN IMPROVEMENT AGREEMENT IMPROVEMENTS FOR TRACT 7539, PHASE II - SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.) This agreement is made and entered into this 20th day of September, 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 7539, 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 August 15, 2005, as follows: • "Improvement Plans, Tract 7539 - Silvera Ranch (Phase 11),City of Dublin, Alameda County. California" ( 13 Sheets: 1-13), prepared by Ruggeri -Jensen -Azar & Associates. • "Joint Trench Improvement Plans, Tract 7539, Silvera Ranch. Phase 11" (20 Sheets: 1- 20) prepared by UDI-Tetrad Consulting Engineers, Inc. • "Landscape Improvement Plans for Tract 7539 - Silvera Ranch. Phase 11.City of Dublin. California" (20 Sheets: L0.0 — L4.7) prepared by Rose Associates Landscape Architects, Inc. 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. IMPROVEMENT AGREEMENT G:\DEVELOP\Silvera Ranch\Tract 7539 - Phase 2\Improvement Agreement_ Phase II.DOC MI A• iO /L� /)LSO�G k »t � �3z DEVELOPER will commence construction of The Improvements within ninety (90) days following the date on which CITY executes this Agreement. DEVELOPER shall complete such Improvements no later than two years following execution of this agreement or not later than September 20, 2007. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as -built plans of The Improvements, including any authorized modifications. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be Nine Hundred Ninety One Thousand, Four Hundred and Seventeen and 00/100 Dollars ($991,417.00). 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 in a 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 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 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 CITY, 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 insurance 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 IMPROVEMENT AGREEMENT G:\DEVELOP\Silvera Ranch\Tract 7539 - Phase 2\Improvement Agreement_ Phase II_DOC Page 2 of 10 July 11, 2005 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. 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 Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1178) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (iii) 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 Tess than: (i) General Liability: $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 Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. c. Deductibles and Self -Insurance 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 policies are to contain, or be endorsed to contain, the following provisions: (i) General Liability and Automobile Liability Coverages. IMPROVEMENT AGREEMENT Page 3 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 (a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability 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 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 Employers Liability Coverage. 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 Coverages. 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) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Coverage. 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 IMPROVEMENT AGREEMENT Page 4 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 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 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 said 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. In the 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 its 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. IMPROVEMENT AGREEMENT Page 5 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 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 CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Agreement Assignment. 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 within 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, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER 's surety shall have the duty to take 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. IMPROVEMENT AGREEMENT Page 6 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 Notices required to be given to CITY shall be addressed as follows: Melissa Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Pinn Brothers Construction, Inc. Attention: Alan R. Pinn (Contact Name), President (Title) 1475 Saratoga Avenue, Suite 250 San Jose, CA 95129 Notices required to be given surety of DEVELOPER shall be addressed as follows: Company Name: Pinn Brothers Construction, Inc. Attention: Alan R. Pinn, President Street Address: 1475 Saratoga Avenue, Suite 250 City: San Jose, State: Califronia, Zip Code: 95129 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 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 project site 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. Section 11. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, IMPROVEMENT AGREEMENT Page 7 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 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 site left clean and orderly. Section 12. Acceptance of Work and Riaht-of-Way. 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 7539, 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 Copvriaht 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. 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. Section 15. Liability. a. DEVELOPER Primarily 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 IMPROVEMENT AGREEMENT Page 8 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 11 lt,32 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 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. Design 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 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, 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. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing 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 and/or CITY's failure to enforce or comply with any applicable laws. IMPROVEMENT AGREEMENT Page 9 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 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. CITY OF DUBLIN: By: DEVELOPER: Pfeiffer Ranch Investors II, Inc. Janet Lockhart, Mayor Date: By: LA-K3 ATTEST: Typed or Printed Name ?recc7t Kay Keck, City Clerk Title By: Date: "/vim Date IMPROVEMENT AGREEMENT Page 10 of 10 C:\Documents and Settings\dale garren\Local Settings\Temporary Internet Files\OLKD\Improvement Agreement_ Phase II.DOC July 11, 2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rr ,.E`C;f-:i7/r>'�r.��`n�.C-1 h :..^..�:"C; L"s,`CYn^C`.GC`3G�`�C`i :£�C'�\'..C: C`vt^C>F;:^.0 C'Y.�-'\-:'•'�J�\•" 1oC': C�,c-��h:C�; � State of California %Q County of Sc OYV L - On —7/ /.5—/ O`S before me, / bate personally appeared A1a.... ROMEO N. CASTRO Commission # 1338296 Notary Public - California Santa Clara County My Gomm. Expires Jan 8, 200AS SS. o w eo 1J . C4 s-tro f� Name and Title of Officer (e.g., "Jane Doe, Notary Public") 1`Ilo1✓\ Name(s) of Signer(s) A5 personally known to me ❑ 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/she/they executed the same in his/her/their authorized capacity(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, executed the instrument. WI yI S my hand an.,.ffi Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General O Attorney -in -Fact ❑ Trustee O Guardian or Conservator O Other: Signer Is Representing: Number of Pages: Iry AN Top of thumb here 1 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 improvements in the subdivision identified as INSCO INSURANCE SERVICES, INC. Underwriting Manager tor: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: BOND No. 720100S PREMIUM INCLUDED IN PERFORMANCE BOND That we, Pfeiffer Ranch Investors II, Inc., A California Corporation as Principal, and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the City of Dublin as Obligee, in the penal sum of Nine Hundred Ninety One Thousand, Four Hundred and Seventeen and 00/100 ($ 991,417.00 ) DOLLARS, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas. the above -named Principal, has entered into an agreement which is made a part of this bond, with the City of Dublin , State of California, as Obligee, for the designated public Improvements for Tract 7539, Silvera Ranch, Phase II , as required by the Government Code of California. Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Dublin to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned, as surety, are held firmly bound unto the and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure for material furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the penal sum hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the penal sum thereof, costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City of Dublin City of Dublin in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 18, 2005 rety an ] : • emniity Company Timothy Starbird 11D-1093 (CA) Subdivision Labor and Material Bond (REV. 1/01) Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Timothy Starbird*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005. By: By: David H. Rhodes, Executive Vice -President Walter A. Crowell, Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE . pANy�c von. Ogq)' 9 2OCT. 5O ur+ 1967 �Q. 2 p 1/4/FOP� On February 1, 2005, before me, Nita G. Hiffineyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE 11 i P. r 16. v vi .d I. r NITA G. HIFFMEYER e�i_ COMM. # 1543481 " e4 NOTARY PUBLIC CALIFORNIA v `yrf ORANGE COUNTY rot` My comm. m picas Jan.10, 2009 IC The undersigned, as Executive Vice -President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the I $ tYl day of July 2 0$ By David L. Kerrigan, Executive Vice -President ID-1380 (Rev. 2/05) Its Ob32_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 9c `c ck ro rocw7c iy�,/ rT .no lee • wror State of California County of Santa Clara On Jule' 18, 2005 before Date personally appeared SS. me, Maureen Barreras, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Timothr,1 Starbird rars-dlerat. jiecagirfaidiLif MAUREEN BARRERAS Commission# 1373283 Notary Public - California Santa Clara County My Comm. Expires Sep 7, 2006 Place Notary Seal Above Name(s) of Signer(s) EIpersonally known to me ❑ 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/she/they executed the same in his/her/their authorized capacity(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, executed the instrument. WITNESS my hand and official seal. APi i e( Signature of Motary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor & Material Bond 720100S Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 14 © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date ;` g personally appeared s (fie fr %A before me, 1 ROMEO N. CASTRO Commission # 1338296 t Notary Public - California Sant Clara County • My Comm. Expires Jan 8, 2006 f-<•*7<> r zz use r SS. owe& (s1/Z) Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) . ❑ personally known to me ❑ 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/she/they executed the same in his/her/their authorized capacity(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, executed the instrument. WITN my hand and�offic 1. C7fLG�.G� /�(/ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuabld to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 41 ( 1 Signer Is Representing: 0 Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402. www.nationalnotary.org Number of Pages: Prod. No. 5907 Top of thumb here Reorder. Call Toll -Free 1-800.876-6827 BOND NO. 720100S Faithful Performance BOND i 48 c2)3z Premium: $9,914.00 KNOW ALL PERSONS BY THESE PRESENTS: That, Pfeiffer Ranch Investors II, Inc., A California CoToration as PRINCIPAL(S), and Developers Surety & Indemnity Company a corporation, as SURETY, and licensed to do business in the State of California as sole surety, are jointly and severally bound unto the City of Dublin ,aCommunity Services District organized pursuant to Division 2, Title 6 of the Government Code in the Counties of Alameda and Contra Costa, State of Califomia, in the penal sum of Nine Hundred One Thousand, Four Hundred and Seventeen and No/100 ($_ 991.417.001 to be paid to the District, for which payment well and truly to be made, we bond ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 27th day of July , 2005 and executed and to be performed in the District. THE CONDITION OF THE FOREGOING OBLIGATION LS SUCH THAT: The Principal has been issued PERMIT NO. by the District ('Permit") for doing the following work generally described as follows: Improvement Plans, Tract 7539 - Silvera Ranch, Phase II a true and correct copy of Permit is presently on file in the office of the District Engineer, and is hereby referred to and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly perform the obligations agreed to be performed under Permit, comply with all the provisions of the District Code and shall construct all water and/or sewer lines in a proper and workmanlike manner in accordance with all the requirements of the Dublin San Ramon Services District andto the satisfaction of the District Engineer, then the above obligation shall be void, otherwise to remain in full force and effect. No cancellation or termination of this bond by the Surety shall be effective unless thirty (30) days prior written notice thereof has been delivered to the District Engineer, provided that no cancellation or termination shall affect any liability incurred or accrued hereunder prior to expiration of said thirty (30) day period or any work performed under Permit prior to receipt of such notice. 1of2 H:\ENGDEPT\TEMPLATEIFORM\Permitting\Performance Bond.doc Rev. 10/10/01 BOND NO. 720100S Faithful Performance Bond As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the teens ofthe Permit or to the work to be performed thereunder of the plans accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by Permit This bond is executed in accordance with the rules, regulations, standards, specifications and policies of District IN WITNESS WHEREOF, the said Principal(s) and Surety have caused these presents to be executed, and corporate names and seals to be hereunto attached by proper officers hereunto duly authorized, the day and year first hereinabove written. By: Pfeiffer Ranch Investors II, Inc., A California Corporation Timothy Starbird, Attorney -in -Fact Developers Surety & Indemnity Company Surety (Attach Acknowledgments) 2 cf 2 H:IENGDEFr\TEMPLATnFORMTermiriing\Performance Bond.doc 10/10/01 Rev. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Timothy Starbird*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005. By: By: David H. Rhodes, Executive Vice -President Walter A. Crowell, Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On February 1, 2005, before me, Nita G. Hiff neyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE NITA G. HIFFMEYER COMM. # 1543481 NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ro My comm. expires Jan. 10, 2009 i 1 The undersigned, as Executive Vice -President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 27th day of July 2005 By David L. Kerrigan, Executive Vice -President ID-1380 (Rev. 2/05) 2- DeY'L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1�c+.���ati`cv�vrt;+,�iX•�iw�`c'.�olcofo`Scfe`�v.r-"r���vyr y.•i�..•.�r.y�•::..c�twnx�ra'curi��wn.�w��.w�.��vw+��J.���vrt���d>�.��..h.��v,.�.,w�.�.,T���w�.�✓� �vw��w�v✓wZvw-.n; State of California County of Santa Clara On July 27, 2005 , Date personally appeared SS. before me, Maureen Barreras, Notary Public , Name and Title of Officer (e.g., "Jane Doe, Notary Pubic") Ttmothu Starbtrd MAUREEN BARRERAS Commission # 1373283 z Notary Public - California Santa Clara County My Comm. Expires Sep 7, 2006i Place Notary Seal Above `.Name(s) of Signer(s) C personally known to me ❑ 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/she/they executed the same in his/her/their authorized capacity(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, executed the instrument. WITNESS my hand and official seal. Signature of'1Vergiry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond - 720 1 00S Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: eI stt�'1sla'fi Top of thumb here Signer's Name: E Individual E Corporate Officer — Title(s): E Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other: Signer Is Representing: r�Tx�:.�d��rayv_J._fvai!^lrb�Aavv — 7ceac�, �L�o�urrrH ors © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 2:2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fi 1 County of State of California -S P77k C�a On Jd ` % Z,/ 'Z�S before me, 6 Date personally appeared A fate ROMEON.CASTRO Commission # 133E296 Notary Public - California Santa Clara County My Comm. Expires Jan 8, 2006 40141.90 if. Cas,�o • /Nammnd Title of Officer (e.g.. "Jane Doe. Notary Public") Name(s) of Signer(s) ,,Sbersonally known to me ❑ 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/she/they executed the same in his/her/their authorized capacity(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, executed the instrument. WITmy hand and o 'cial Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:. t.,i-`1Lc1 Ia•i Top of thumb here Ct 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free t-800-576-6527 RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEE FOR TRACT 7539 WHEREAS, pursuant to City of Dublin Municipal Code 9.28.020, 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 Vesting Tentative Map for Tract 7441 (PA 02-024) approved via Planning Commission Resolution No. 03-48 on September 23, 2003, the Planning Commission of the City of Dublin did determine that a fee in lieu of land dedication for park and recreational facilities is to be paid, and said fee is 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 Developer has paid to the City a remittance amount for r Phase II of Tract 7441 (being filed as Tract 7539) as prescribed by the Municipal Code as follows: Subdivider: Pfeiffer Ranch Investors 11, Inc. (dba Pinn Brothers Fine Homes, Inc.) Community Park: $180,180.00 Neighborhood Park: $107,730.00 Total Amount: $287,910.00 WHEREAS, the proposed In Lieu Fee is to be used for the acquisition and/or construction of Neighborhood and Community Park Facilities in Eastern Dublin; NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as performance of said subdivider's obligation under the Municipal Code. PASSED, APPROVED AND ADOPTED this 20th day of September, 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DEVELOP\Silvera Ranch\Tract 7539 - Phase 2\resoparkded_7539 - Silveria Ranch, PH. 2.doc A9TACHEYT Z. 0 ❑ ❑ MY COMMISSION NUMBER: < } Y Z } < N 18 = ®y= ? 1 1 g 0 WW tE.WO6K 1 Z <T C NI-loo * o� al AIR: a og b<ap�Im< NE o W w mZ 2— W V w Z aH g- ON TOF¢ U- W 66FW q ozom }i a6wb s12 3S Foz��o� aw o6 �� i;? <ww a¢ mm Z ¢1.� zzm WN 1�ay/�+OapZy 0 VO m ` �0•2�j0 N N R LIR S O ZZ mm` Z .-.O NO o�000< av w" 6‹ U wo ���b S y W UZW O o S w NK" }g2o 2.0 0 E`W=""5g < Ovtva <CbKNN .'2T.3o 151 >VWooew=waa. ;cz .�� G�? Aj W? 0iy-Z O18 _ _ =1JGW ((nnZZm< pO U Uy < S =W o8 8 8 lli T w_ ooQzo'4<z,6 < < 2 S zr <Ws wWo K<-mwz 6 a O < V < V= o 0 j C 8 < O wa xg 00 O yKj J N O B. Z m AC 8 I C 4I8 0 z AMERICAN SECURIRES COMPANY, A CAUFORNIA CORPORATION THIS MAP SHOWS ALL EASEAIENTS ON THE PREMISES OR OF RECORD. 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