HomeMy WebLinkAbout4.15 Approve Final Map Tract 5410 CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: August 11, 1986
SUBJECT: Approval of Final Map, Tract 5410
EXHIBITS ATTACHED: Resolution: Acceptance of Final Map
Resolution: Parkland Deposit
Tract Developer Contract
Performance Bond
Labor and Materials Bond
Reduced Copy of Final Map
Vi inity Map
RECOMMENDATION: PJ Adopt Resolutions Accepting Final Map, Tract 5410, and
accepting deposit in lieu of land for parkland
dedication.
FINANCIAL STATEMENT: - Kaufman and Broad have submitted the following fees:
Park Dedication: $209,877.95
Traffic Signal: 27,729.08
Inspection Deposit 55,328.00
Total Received: $292,935.03
The proposed streets within the project are to be
private and will be maintained by the Homeowners
• Association following completion and acceptance of the
Tract by the City.
DESCRIPTION:
Improvement plans and the Final Map for Tract 5410 have been reviewed
and found to be in conformance with the Tentative Map and conditions approved
by the City of Dublin on January 13, 1986. This tract consists of 130
residential multi-family townhouse lots and- common open-space parcels.
Since this Tract lies both within the City of Dublin and the
unincorporated area of Alameda County, both agencies are approving the Final
Map.
Improvement plans and the Final Map for Tract 5410• have been reviewed by
the City and the Final Map boundary reviewed by Alameda County and found to be
in conformance with the Tentative Map and conditions approved by Alameda
County and the City of Dublin.
A subdivision agreement, bonds, and fees have been submitted
guaranteeing the construction of improvements within the subject Tract. The
City has performed most of- the processing and is to collect the fees.
This Tract will be annexed to the City of Dublin after the Final Map is
recorded.
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ITEM NO. m COPIES TO: Kaufman and Broad
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RESOLUTION NO. -86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF FINAL MAP
TRACT NO. 5410
WHEREAS, the Final Map of Tract No. 5410 in the incorporated
territory of the City of Dublin, State of California, has been presented to
this City Council for approval, all in accordance with the provisions of the-
Subdivision Map Act of the State of California and the Ordinance Code of the
County of Alameda, as adopted by the City of Dublin; and
WHEREAS, the Developer, Kaufman and Broad, has executed and filed
with the City of Dublin a contract to improve Tract No. 5410 in accordance
with the Final Map of said Tract No. 5410, the Tract Improvement Plans and the
specifications attached thereto; and
WHEREAS, said Contract is secured by a bond in the amount of
$1,580,800 which, by its terms, is made to inure to the County of Alameda,
conditioned upon the performance of said contract; and
WHEREAS, said Contract is secured by a bond in the amount of
$790,400 which, by its terms, is made to inure to the benefit of laborers and
materialmen upon such work and improvements, conditioned upon the payment of
such laborers and materialmen for labor performed or material furnished under
the terms of said Contract.
NOW, THEREFORE, BE IT RESOLVED that said Contract and bonds be and
they are hereby approved;
BE IT FURTHER RESOLVED that the Final Map of Tract No. 5410 be and
the same is hereby approved; and that those strips of land designated as
"P.U.E." or "Public Utility Easement," S.S.E. or "Sanitary Sewer Easement,"
"S.D.E." or "Storm Drain Easement," "M.A.E. or "Maintenance Access Easement,"
and "(Private Street or P.U.E. )," as offered for dedication to public use in
conformity with the terms of dedication be, and they are hereby rejected; and
that the Clerk of this City Council be and is hereby directed to transmit said
Map to the County Recorder for filing.
PASSED, APPROVED, AND ADOPTED this 11th day of August, 1986.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
RESOLUTION NO. -86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING DEPOSIT IN LIEU - TRACT NO. 5410
WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance
_ of Alameda. County, as. adopted and amended-by Ordinance-No— 19.-83-and---- --- ---
Resolution No. 74-83 of the City of Dublin, each subdivider of land classified
by the Alameda County Zoning Ordinance for residential use shall, as a
condition to the approval of a Final Subdivision Map, dedicate or reserve
lands, pay fees in lieu thereof, or a combination of both, for park and/or
recreational purposes; and
WHEREAS, in its action on the Tentative Map of the subject Tract,
the Planning Commission of the City of Dublin did determine in accordance with
Section 8-7.1 of the aforesaid Subdivision Ordinance that a fee in lieu of
land dedication of park and recreational facilities is to be paid, said fee to
be used for the development of park and recreational facilities within a
period of five years form the date of adoption of this resolution to serve the
residents of the subject Tract; and
WHEREAS, the City Engineer is in receipt of a remittance amount
as prescribed in accordance with Resolution No. 74-83, furnished by the Tract
Developer and identified as follows:
Tract: 4991
Subdivider: Kaufman and Broad
Amount: $209,877,95
Tentative Planned Use: Dolan Park and Shannon Park
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is
hereby accepted as performance of said Subdivider's obligation under Section
8-7.1, et seq, of the aforesaid Subdivision Ordinance as amended by Ordinance
No. 19-83 and Resolution No. 74-83; and
BE IT FURTHER RESOLVED that the City Engineer of said City of
Dublin is hereby authorized and directed to convey said remittance to the
aforesaid named park district upon approval of the Final Map for the aforesaid
Tract by this City Council.
PASSED, APPROVED, AND ADOPTED this 11th day of August, 1986.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
R2C91V9D
CITY OF DUBLIN AUG 11986
TRACT DEVELOPER AGREEMENT
PUB!Ir. lA.InRKS
This agreement is made and entered into this day of , 1986, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and Kaufman and Broad of Northern California, Inc. , hereinafter referred to as
"DEVELOPER".
W I T N E S S E T H
WHEREAS, it has been determined by the City Council of the City of Dublin, State
of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract
5410,___in_accordance with the_. requirements.•_and.-condit ions--set---forth-.within__the__.Ci.ty_of-- -
Dublin City Council Resolutions No. 86-2 and 86-4, adopted on January 13, 1986, the
requirements of the Subdivision Map Act of the State of California and the Subdivision
Ordinance of the City of Dublin; and those certain plans and specifications for said
development approved by said City Council, and now on file in the office of the City
Engineer, which are hereby referred to for a more definite and distinct description of the
work to be performed under this Agreement as though set forth at length herein; and
WHEREAS, Developer intends to satisfactorily complete the required improvement
within the time hereinafter specified, and City intends to accept Developer's offer(s) of
dedication of said improvement(s) in consideration for Developer's satisfactory
performance of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time. Developer will commence the work required by this
Agreement within thirty (30) days following the date on which City executes this
Agreement. Developer shall complete said work not later than three hundred sixty-five
(365) days following said date of execution. Time is of the essence in this Agreement.
Upon completion, Developer shall furnish City with a complete and reproducible set of
final as-built plans, including any authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement,
Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials
Bond. Each bond shall be in a form prescribed by City, and shall be issued by a company
duly and legally licensed to conduct a general surety business in the State of California.
Each bond shall become a part of this Agreement.
a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal
sum of $1,580,800.
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of
California (commencing with Section 3082) . Said bond shall be in the penal sum of
$?90,400.
3. Insurance Required. Concurrently with the execution of this Agreement,
Developer shall furnish City with evidence of insurance coverage as specified below.
a. Worker's Compensation Insurance. Statutory coverage as required to
cover the full liability of Developer in accordance with the provisions of Division IV of
the Labor Code of the State of California, and an employer's liability insurance coverage
with a limit of not less than $1,000,000 per occurrence to cover any claims arising from
employment not covered by worker's compensation laws.
b. Comprehensive General Liability Insurance. Minimum limits of
liability shall not be less than $1,000,000 per occurrence combined single limit bodily
injury and property damage coverage; any deductible provision shall not exceed $1,000 per
claim, and each and every policy must contain a cross liability or severability of
interests clause.
c. Comprehensive Automobile Liability Insurance. Minimum limits of
liability shall be not less than $1,000,000 per occurrence combined single limit bodily
injury and property damage coverage; coverage shall include owned, non-owned, and hired
vehicles, and each and every policy must contain a cross liability of severability of
interests clause.
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d. Other R rements. All insurance poli s shall be issued by a
company legally licensed to transact business in the State of California, shall be issued
at Developer's own cost: and expense, shall be maintained by Developer in full force and
effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or
better. All certificates of insurance shall name the City and its officers, agents and
employees as additional insureds, shall contain a provision that a written notice of
cancellation or reduction in coverage shall be furnished the City (10) ten days in advance
of the effective date thereof, and shall state that such coverage is primary to any other
coverage of City.
4. Work Performance and Guarantee. Developer shall secure the services of those
skilled in the trade, profession, . or calling necessary to perform the work to be
accomplished under the terms of this contract, and shall guarantee and maintain the work
for a period of one (1) year following the completion and acceptance thereof against any
defective workmanship or defective materials furnished in the performance of this
Agreement, and shall guarantee and maintain the work for a period of one '(1) year
following the completion and acceptance thereof against any defective workmanship or
defective materials furnished in the performance of this contract, and any acceptance of
the work by City will not operate as a release to Developer or Developer's bondsmen from
the aforesaid guarantee.
5. Inspection of the Work. Developer shall guarantee free access to City
through its City Engineer and his designated representative for the safe and convenience
inspection of the work throughout its construction. Said City representative shall have
the authority to reject all materials and workmanship which are not in accordance with the
plans and specifications, and all such materials and/or work shall be removed promptly by
Developer and replaced to the satisfaction of City without any expense to City in strict
accordance with the improvement plans and specifications,
6. Agreement Assignment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If the work to be done under this Agreement is
abandoned, or if this Agreement is assigned by Developer without written consent of City,
or if City through its City Engineer determines that the said work or any part thereof is
being unnecessarily or unreasonably delayed or that Developer is willfully violating any
of the conditions or covenants of this Agreement or is executing this Agreement in bad
faith, the City shall have the authority to order Developer to discontinue all work or any
part thereof under this Agreement, and Developer shall cease to continue the work or such
part thereof as City may designate, and CITY shall thereupon have the power to obtain by
Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed
necessary to complete the work and to use such materials as may be found uporr the line of
such work. Developer and his sureties shall be liable for all expenses incurred by City
for the acquisition and use of such labor, equipment, and materials.
8. Use of Streets or Improvements. At all times prior to the final acceptance
of the work by City, the use of any or all .streets and improvements within the work to be
performed under this Agreement shall be at the sole and exclusive risk of Developer. The
issuance of any building or occupancy permit by City for dwellings located within the
tract shall not be construed in any manner to constitute a partial or final acceptance or
approval of any or all such improvements by City. Developer agrees that City's Building
Official may withhold the issuance of building or occupancy permits when the work or its
progress may substantially and/or detrimentally affect public health and safety.
9. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to
and on the tract site as may be necessary to prevent accidents to the public and damage to
the property. Developer shall furnish, place, and maintain such lights as may be
necessary for illuminating the said fences, barriers, signs, and other safety devices. At
the end of all work to be performed under this Agreement, all fences, barriers, regulatory
signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by
the Developer, and the entire site left clean and orderly.
10. - Acceptance -of-Work. - Upon notice of- the completion--of -all tract work--and -
the delivery of—a set of final as-built plans to City by Developers, City, through its
City Engineer or his designated representative, shall examine the tract work without
delay, and, if found to be in accordance with said plans and specifications and this
Agreement, shall accept the work and notify Developer or his designated agents of such
acceptance,
11. Patent and Copyright Costs. In the event that said plans and
specifications require the use of any material, process or publication which is subject
to a duly registered patent or copyright, Developer shall be liable for, and shall
-2-
indemnify City from, any fees, _fists or litigation expenses, in.._ading attorneys' fees and
court costs, which may result from the use of said patented or copyrighted material,
process of publication.
12. Alterations in Plans and Specifications. Any alteration or alterations made
in the plans and specifications which are a part of this Agreement or any provision of
this Agreement shall.not operate to release any surety or sureties from liability on any
bond or bonds attached hereto and made a part hereof, and consent to make such alterations
is hereby given, and the sureties to said bonds hereby waive the provisions of Section
2819 of the Civil Code of the State of California.
13. Liability.
- - a.-'Developer Primarily Liable. Developer shall be responsible for any
-. .and .all .loss, accident, neglect,- injury. or damage to person, life or property which may be
the result of or may be caused by construction, operations, or execution of this
Agreement, and for which City might be held liable. Developer shall protect and indemnify
the City of Dublin, the City Council, the City Engineer and/or any officer, agent or
employee of the City, and save them harmless in every way from all suits or actions at law
for damage or injury to persons, life or property that may arise or be occasioned in any
way because of construction operations or execution of this Agreement.
b. Design Defect. If, in the opinion of the City, a design defect in
the work of improvement becomes apparent during the course of construction, or within one
(1) year following acceptance by the City of the improvements, and said design defect, in
the opinion of the City, may substantially impair the public health and safety, Developer
shall, upon order by the City, correct said design defect at his sole cost and expense,
and the sureties under the Faithful Performance and Labor and Materials Bonds shall be
liable to the City for the corrective work required.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER
By
Kauf an and Broad of Northern California, Inc.
i
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_ .. YS�.3nj`x,"mJ'bS;cr .?':,;rr.� - ..
E Bond No. 931 24 75
PERFORMANCE BONn F ium: $7,509.00
WHEREAS, the Board of,Supervisors of.the County of Alameda, State of
California. and KAUFMAN`AND BROAD OF-NORTHERN CALIFORNIA, A CALIFORNIA CORPORATION,?
(hereinafter designated as,'Principal') have entered into a contract under which I--
Principal is to install ands`complete certain ,designated public '....prc:•c^�enfc, J �,
identified as Tract No: 5410,-County of Alameda, .State of California, which Cp
contract is hereunto annexed-and made's part hereof; and N
WHEREAS, said principal :is required.under the terms of said contract
to furnish a bond ,for the faithful performance of said Contract.
NOW, .THEREFORE, we', the-Principal and zl WERICAN CASUALTY COMPANY OF READING, PA.
- a corporation duly authorized .to do business in the State of California, as
are -held.and.ti.rmly bound unto..-the-County.-OT Ala meda..-_here.i.nafter-,caI led.
..._
("County'), in the penal slum of One million five hundred eighty thousand eight hundred "
(;�,58o,8o0;.), lawful money of the United States, for the payment of which sum dollars,
well and truly to be made, we bind ourselves, our heirs, successors executors
and administrators, jointly And severally. firmly by these presents.
The condition'of this obligation is such that if the above bounded Principal , 1
his or its heirs, executors, ,administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said contract and any alteration thereof made
as therein provided, on his or their part, to be kept and performed at the time
and in the manner -therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless County, its officers,
agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face
amount specified therefor, there shall be included costs and reasonable expenses
and fees, including reasonable attorney's fees, incurred by County in successfully
enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees Ahat no change, extension of time,
alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect
its obligations on this bond, and said surety does hereby waive notice of any
such change, extension of time. alteration or addition to the terms of the
contract or to the work'or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in four counterparts, each
one of which shall be deemed an original , by the principal and surety above
named, this . 29th day of July, 1986.
s
KAUFMA nAD OF NORTHERN CALIFORNIA, InC.
R :
y
J n Polk, President
By: ,-
r (ALL SIGNATURES MUST BE AMERICAN CASUALTY COMPANY OF READING, PA
NnTARIZEn AND PROPERLY -
I ACKNOWLEDGED)- — -
By;
Brunetta Armstrong rev-in-Fact
`e�ecni_n� bond was in open- ;rd &:cepted
----�- 1984.
STATE OF CALIFORNIA Alameda )ss. - -- --
COUNTY OF -
On--July On--July 30 f 1986 )
before me,the undersigned,a Notary Public in and for
said State,personally appeare John E: POlk
i
--- and
4 basis of satisfactory evidence)to be the persons who executed the Personally known to within instrument as a(or proved to me on the
CL (California
E 1 President and - I do
Of Northern California Secretary,on behalf of Kaufman & Broad
d . Inc
• Reading, Pennsylvania,
P the corporation therein named,and acknowledged to me that
n such corporation executed the within instrument pursuanttoit, BARBARA J TAYLOR ne Person
OFFICIAL SEAL Whose name
by-laws or a resolution of its board of directors. r .< `ed before me this day in
° NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN lered said instrument, for
WITNESS my hand and official seal ALAMEDA COUMiY
I:`.jJ MY.COAMISSION EXPIRES AUG 261986 n9. Pennsylvania, for the
Signature i K the City of Sa-- Bruno
I (this area-for official notarial seal) $6
Mti 19
A. D.
P
w
Y u
N blic
OtBr .
r S i
American Casualty Company
of'Reading, Pennsylvania R E C E I V E D
- NAUMAN= AUG 11986
Offices/Chicago, Illinois PURLIr .A./QRKS
POW
ER_OF._ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT _
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a corporation duly organized and
existing under the laws of . the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and
State of Illinois, does hereby make, constitute and appoint Charles E Phillips, Brunetta Armstrong, _
Individually
of San Bruno California
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and
other obligatory instruments of similar nature
— In Unlimited Amounts
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were
signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney,
pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company:
"Article VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The President or Vice President may,from time to time,appoint by written certificates attorneys
in-fact to act in behalf of the Company in the execution of policies of insurance, bonds..undertakings and other obligatory instruments of like
nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice
President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
"Resolved,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power
of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the
seal of the'Company may be affixed by faccimile to any certificate of any such power, and any power or certificate bearing such facsimile
signatures and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
In Witness Whereof, AMERICAN CASUALTY COMPANY OFPR Ap ING, PENNSYLVANIA has caused these presents to be signed by it Vice
President and its corporate seal to be hereto affixed this l th day of April 19_D
�T ",b AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
State of Illinois 1 .��f �
County of Cook ( ss mu IfGI 11 L J
-
'�� J. E. Purtell Vice President.
On this 18th day of April 11985 before me personally came
J. E. Purtell, to me known,who, being by me duly sworn, did depose and say:that he resides in the Village of
Glenview State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,
the corporation descried in the which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed..
his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
e /
',}`/V4f Leslie A. Smith Notary Public.
CERTIFICATE My Commission Expires November 12, 198E
P. F. Granahan Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do
certify that the Power of Attorney herein above set forth is still in force,and further certify that Section 2 of Article VI of the By-Laws of the Company
and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said Company this 29th day of
July 19 86
a _
i
AAA H. �
I• tea_ P. F. Granahan Assistant Secretary.
8-23142-D
.a..,' o4YMENT"BOND Rond No. 931 24 75
er a1S) emium Included in
performance Bond
WHEREAS, the .Board of'Supervisors`of the County of Alameda, State of
California , and KAUFMAN AND BROAD,OF-NORTHERN CALIFORNIA, (hereinafter
designated as .'Principal') have `entered into a contract under which Principal is
to install and complete* certain-designated public improvements, identified as
Tract No. 5410, County-of Alameda,' State of California County of Alameda, State
of Cali•1-ui-Ilia, which contract .is hereunto annexed and made a part hereof; and
WHEREAS, under the terms of'said contract, Principal is required before
entering upon the performance of-the work, to file a good and sufficient paymeqt
bond with the Count of Alameda -to secure the claims to which reference is Igade �
in Title 15 (Cornencing with Section 308.2) of Part 4 of Division 3 of the Civil
Code of the State.of California.
NOW THEREFORE, we the Principal , "AMERICAN CASUALTY COMPANY OF READING, PA,
a corporation duly authorized to do business in in the State of California, as C
surety, are held and firmly bound unto the County of Alameda and unto all
contractors, subcontractors, lab orers,` materialmen and other persons employed in
the performance of.the aforesaid -contract and referred to in the aforesaid Civil -_
Code in the Sum of Seven hundred-nine't thousand four hundred dollars for
materials furnished or labor thereon oil any kind, or for amounts cue under J f,
the Unemployment Insurance Actwith respect to such work or labor, and unto the
Franchise Tax Board of the' State of California, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by said County of Alameda in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs and to be included
in the Judgment therein rendered:'
It is hereby expressly stipulated and agreed that this bond shall inure
to the benefit of any and all persons, companies and corporations entitled to
file claims under .Title 15 (commencing with Section 3082) of Part 4. of Division r
3 of the Civil Code so as to give a right of action to them or their assigns in it
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force and
effect.
The surety hereby stipulates and agrees that no change, extension of time_,
alteration or addition to the terms of said contract or the specifications
accompanying the same shall in any manner affect •its obligations on this bond,
and it does hereby waive notice of any such change, extension. alteration or
addition.
IN WITNESS WHEREOF, this instrument is executed in four counterparts, each
one of which shall be deemed an original . by the principal and surety above f>
named, this 29th day of July, 19806.
I .
KAUF D OF NORTHERN CALIFORNIA, INC.
1 =
By• I .
By o
. Polk. President
(ALL SIGNATURES MUST BE AnxICAN CASUALTY COMPANY OF READING. PA
NOTARIZED AND PROPERLY
ACKNOWLEDGED) !
By: — —
runetta A.rmstrong.f..,, . rney --Fact
accepted
STATE OF CALIFORNIA �
COLINTYOF Alameda )ss. --•.__-.
)
0n July 30, 1986
before me,the undersigned,a Notary Public in and for
said State,personally appeared ,John R- Polk
�i --- and
Personally known to me(or proved to me on the
basis of satisfactory evidence)to be the persons who executed the within instrument as
i California
President an
of Northern Cal d '--
? do
ifornia, Inc
Secretary,on behalf of Kaufman & Broad
=
the corporation therein named,and acknowledged to me that K�* Reading, Pennsylvania,1 . OFFICIAL SEAL
such corporation executedthewithininstrumentpursuanttoits BARBARA UBLIGCALlFOgNiA i.e person whose name
by-laws or a resolution of its board of directors :j , , PAL OFFICE iH ed before me this day in
` DA COUNTY
WITNESS my hand and official seal. ES AUG 2b,1988 eyed said instrument, for
• F<., ng, Pennsylvania, for the
Signature
j' t
(his area for official notarial seal)
i the City I y of Sa_n Bruno
r�wl iro fia.l iF 1, t 1
86
A. D. 19
Ameridan Casualty Company
lof Reading, Pennsylvania R I V R D
Mw
CNA - AUG 11986
OfficesfChicago,Illinois PURL.IC' �^InRKS
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a corporation duly organized and
existing under the 13ws of . the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and
State of Illinois,does hereby make,constitute and appoint Charles E Phillips, Brunetta Armstrong,
Individually
of San Bruno California
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds, undertakings and
other obligatory instruments of similar nature
— In Unlimited Amounts —
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were
signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney,
pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company:
"Article VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-tact.The President or Vice President may,from time to time,appoint by written certificates attorneys
in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like
nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice
President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of "
Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
"Resolved,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power
of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the
seal of the Company may be affixed by fascimile to any certificate of any such power, and any power or certificate bearing such facsimile
signatures and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
In Witness Whereof, AMERICAN CASUALTY COMPANY OFREADING, PENNSYLVANIA has caused these presents to be signed by its Vice
President and its corporate seal to be hereto affixed this 18th day of April ' 19 85 .
0cr AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
State of Illinois 1 ss
County of Cook ( JULY,i L
1X7 J. E. Purtell Vice President.
On this 18th day of April _, 1985 before me personally came
J. E. Purtell, to me known,who, being by me duly sworn,did depose and say:that he resides in the Village of
Glenview State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,
the corporation descried in the which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed,
his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
eLeslie A. Smith Notary Public.
CERTIFICATE My Commission Expires November 12, 198E
l P. F. Granahan Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do
certify that the Power of Attorney herein above set forth is still in force,and further certify that Section 2 of Article VI of the By-Laws of the Company
and the Resolution of the Board of Directors,set forth in said Power of Attorney are still it force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said Co mpany this yy
July 19 8
_ or
PAT 31.
"o F. F.. Granahan Assistant Secretary.
B-23142-D
<:
qsond. ->. `1/31/86 .{
.
PRODUCER THIS CERTIFICATE IS ISSUED AS A WftER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ALEXANDER & ALEXANDER OF CA., INC.
3550 Wilshire Blvd. COMPANIES AFFORDING COVERAGE
Los Angeles, CA 90010
- (213) 385-5211 TWX 910=321-2907 CLEOTTER Y A
Transcontinental Insurance Company
COMPANY
z INSURED LETTER 13 Continental Insurance Company
KAUFMAN AND BROAD, INC. , ET AL. COMPANY
11601 Wilshire Boulevard LETTER C Transportation Insurance Company
Los Angeles, California 90025 COMPANY p
T LETTER
COMPANY E
r LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI•
mss` TIONS OF SUCH POLICIES. r.
`.CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE(MMNDDin) DATE(MWDDMO EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY BODILY
RY $
AT COMPREHENSIVE FORM SXP3584474 3/1/86 3/1/87 INJU
t PREMISES/OPERATIONS DAMAGETY $
UNDERGROUND
EXPLOSION 8 COLLAPSE HAZARD
PRODUCTSICOMPLETED OPERATIONS
CONTRACTUAL COMBINED $ 110001 $ 1 !000�
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $ rr4.
L
{ AUTOMOBILE LIABILITY
B X ANY AUTO BUA001 70 36 36 3/l/86 3/1/87 ; 'x ;I $ °
& X ALL OWNED AUTOS(PRIV. PASS.) IVRY
OTHER THAN PE;�
�} C ALL OWNED AUTOS(OTHER PASS.) CCP001 70 36 37 (Texas) 3/1/86 3/1/87 Ix; tiT, $ , s
HIRED AUTOS PROPERTY
NON-OWNED AUTOS Physical Damage Coverage - DAMAGE $
GARAGE LIABILITY self-insured by Kaufman Ell aPO f,
& Broad, Inc. COMBINED $ 250, ,
EXCESS LIABILITY - AUTO
A UMBRELLA FORM SXP3584474 . 3/l/86 3/l/87 BCOMBNED $ 750, $750,
OTHER THAN UMBRELLA FORM
WC001 70 24 09 Calif. 3/1/85 3/1/88 STATUTORY ''
C WORKERS' COMPENSATION E.L. '$2,000,000 ?°-�$ (EACH ACCIDENT)
AND WC001 70 24. 17 (All States) 3/1/85 3/1/88 ;$ (DISEASE-POLICY UMIT)
EMPLOYERS' LIABILITY E.L. $500,000 : $ (DISEASE-EACH EV.PLCYEE:
OTHER woul 70 24 21 (Sun Life7
E.L. $500,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Re: All operations of Named Insured in
City of Dublin
•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
City of Dublin PIRATION DATE THEREOF,.THE ISSUING COMPANY WILL ENDEAVOR TO
6500 Dublin Boulevard MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE p
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
Dublin, California 94568 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED 9EPRESENTATIVE
TRACT 5.410
SILVERGATE HIGHLANDS TOWNHOUSES
CITY OF DUBLIN AND UNINCORPERATED TERRITORY • i
IN THE COUNTY OF ALAMEDA. CALIFORNIA
A SUBDIVISION OF LOT 1 OF TRACT 4859 (147 M 55) c�T�
AND LOT 6 OF TRACT 5003 (147 M 98)
JUNE 1986 SCALE 1'• 100' �° `�%qt 0 r Fp ' (.P• �' 0
FERGUSON 6 WOLLMAN CONSULTING ENGINEERS. INC.
y, AAC'/P9d�
PLEASANT HILL. CALIFORNIA �• to 93_98_ 88778' X379 00' r
NO d•07•40o9
a° Q� 0 L•?0.79
1) THE PARCELS OF LAND i'ITHIN THE EXTERIOR ' 13 N�
BOUNDARIES OF THIS YAP ARE SUBJECT TO 1 3� ql
EASEMENTS OF
RECORD TO 2
ELECTRIC
; 11 &/���rf` `y��� �• O `
COMPANY, RECORDED IN BOOK 1176 OF DEEDS, ' . 10 / 9
PAGE 70, AND SERIES NO. 65-230936, 1 122 Q��2L00'
RESPECTIVELY, OFFICIAL RECORDS OF ALAMEDA COUNTY. 0 +1/ D 9 8 7 I 123 I'd+62'29/6°
2) THE INTERIOR COURSES AND DISTANCES FOR PARCELS o`' 108 I 124 1�jSQp9' I
A AND B ARE THOSE SHOWN ON SHEETS 4 THROUGH / 82 I.
11, INCLUSIVE FOR THE EXTERIOR BOUNDARY LINES h 07 �
OF EACH CLUSTIR OF LOTS SHOWN THEREON. a 0 �/ / 3 76 ��� 125 vJ
0 //�� 84 IS 9Z/G� 128 v V�
104 / / 85 �/ / 2 \
BASIS Of BEARINGS :- --- ��so� ,/ / / 86 441 he
T 3 0`� 12e
THE MONUMENT LINE OF SILVERGATE DRIVE 103 I I
TAKEN AS N 12.44'36' W AS SHOWN ON THE ' Q 1 al I 87 < 129 F'J
102
YAP OF SUBDIVISION TRACT 5003 (141 Y 98)1
z 88 MOH, q
w 101 �j GOaREA ENE- 8+129.00
+•1 100 I 9D `ARCEL 0 Sl/[if64(�1 1-5% O�
Ln at 72 6
99 91
m 14, 71 66 ,!q Z /
98 Z 92 70 67 �N V /
uo 97 IZIc g3 '� 69 _°to� O r-100'
96 9 59 l 00' L-�81. 4• . 7 Z7GS�
95 40 44
8.1090 1{•47'57- (P)
Do- •-26.39'39• . /
SARI�I (fa) 8.1010• u. -L-469.9;,.
K
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E 5�5' S 33 20 19 '
S�LyGRG�'}4t��, u`` '34 J2 21 19 ICI
t� Ly�r3 39 35 31 22 17 �rG�/ 2 �N� LEGEND
4'� • oN 59 1 62 36 36 23 16
{I ' _i O/'Q AG I44F4q CA7Y,JTD. M ON.
fG.0 r v t�� 61 {2 31 29 2{ 15 y/y 5 .
(fIG) J,'°°^'r� 587 �n\C� 60 38 r J �VV F.Q lQtW P/&e-AS JWWV
Nu � 58 +� "C iA� �l �,��enc _ E)7meioR soummey
1 v�gq'is�yE........- '•� -s 55 ��� P17 AS VCS 1{ � " 6 hh —_—. AUAL/,yefryiImIrs
Este r�+ • 9io { x / Q 43 8 7 6 25 7 I°.;-
1 1 ` 13 8 �,•�N (R) REMOTES Q.4jWgL BFOIN44
3 �LS�� 5 { ,n. PU.E. AzUkz117z17rEA.s,5wAwr
2 1 6 \ /��� '2 + 9 Na S.S.E. SAN/TARP SEA'EREAS.EMd7
0 8 7 , �� 'j 9s \ c 10 = S.D.E. STGRM zRAiNEAS�wecvr
£_{ 9 9 �.L o N/g'S•S?' �---- AXA0.. AN4Wr.0A•tr•EATESS
` vs o.tE'•.. i r �� Z1. 0.O?•f R-607.00• aS EASEMEA?
_a.l err) 11� .�a L-146.61
99 .t COAa CWAI,�^
c•�
A
no ,Nst•.d'6YE � 'Z
-bD �J J le..l.40•
/ o*11AI � 8
s.
k
TRACT '
SIL. VERGA. TE HIGHLANDS - TOWNHOUSES
CITY OF DUBLIN AND UNINCORPERATED TERRITORY
IN THE COUNTY OF ALAMEDA. CALIFORNIA
A SUBDIVISION OF LOT 1 OF TRACT 4859 (147 M 55)
AND LOT 6 OF TRACT 5003 (147 M 98)
JUNE 1986 SCALE 1 '~ 100'
FERGUSON b 410LLMAN CONSULTING ENGINEERS. INC.
PLEASANT HILL.. CALIFORNIA-
Z ors.
t \ �
DPI✓E -L_
�• � � \ CASjAN
c
4MA2_II a
t7N
Z .
�PPERT,QEE
G
i7o �-�
Ro
BASIS OF BEARINGS
THE MONUMENT LINE OF SILVERGATE DRIVE
TAKEN AS N 12'44'36' I AS SHONN ON THE
MAP OF SUBDIVISION TRACT 5003 1147 M 981
y/CINlry MAP -
. N.T.S.