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HomeMy WebLinkAbout4.05 Approve Final Tract Map 5388 qlo AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 14 , 1985 SUBJECT: Approval of Final Map - Tract 5388 (Morrison Homes - 174 units ) EXHIBITS ATTACHED : Resolution - Acceptance of Final Map Letter from Developer Resolution - Parkland Deposit Tract Developer Contract Performance Bond Labor & Materials Bond Insurance Certificate Reduced Copy of Final Map RECOMMENDATION: 1 ) Adopt Resolution Accepting Final Map Tract 5388 2 ) Adopt Resolution Accepting a Deposit in Lieu of Land for Park Land Dedication ( $343, 035 ) FINANCIAL STATEMENT: None at this time . Staff ' s time is being paid by developer for processing and inspection. Portions of Inspection fee deposits and Park Land fees were previously paid under Tract 5264 and are being transfered to this Tract . DESCRIPTION: Improvement plans and the Final Map for Tract 5388 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by the City of Dublin City Council . A subdivision agreement, bond and fees have been submitted guaranteeing the construction of improvements within the subject tract . ----------------------------------------------------------------- ITEM NO. COPIES TO: Morrison Homes Creegan & D 'Angelo RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ ACCEPTANCE OF FINAL MAP TRACT NO. 5388 WHEREAS, the Final Map of Tract No. 5388 in the incorporated territory of the City of Dublin, State of California has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State of California and the Ordinance Code of the County of Alameda, as adopted and amended by the City of Dublin; and WHEREAS, the Developer, Morrison Homes has executed and filed with this City Council a contract to improve Tract No. 5388 in accordance with the Final Map of said Tract No. 5388 and Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a bond in the amount of ( $1, 250, 700 ) which, by said terms, is made to inure to the City fo Dublin, conditioned upon the performance of said contract; and WHEREAS, said contract is secured by a bond in the amount of ( $625, 350 ) which, by its terms, is made to inure to the benefit of laborers and materialmen for labor performed or material furnished under the terms of said contract; NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby approved, and the Mayor of this Council be and he is hereby authorized and directed to execute said Contract on behalf of the City of Dublin; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 5388 be and the same is hereby approved; and that those strips of land designated as "P.U.E. " or "Public Utility Easement" , "S .D.E. " or "Storm Drain Easement" , as offered for dedication to public use in conformity with the terms of dedications, 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 14th day of October, 1985 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk MORRISON HOMES 2255 CONTRA COSTA BLVD. • P.O. BOX 23172 • PLEASANT HILL. CALIFORNIA 94523 • (415) 798-9700 September 18, 1985 City Engineer City of Dublin Development Services P. 0. Box 2340 Dublin, CA 94568 Atten: Mr. Lee Thompson Re: Kildara, Tract 5388 Dear Mr. Thompson: This is to authorize you to transfer payments previously made to the City by Morrison Homes from Tract 5264 to Tract 5388. The previous payments were made on June 20, 1984 by our Check No. 00504 in the amount of $375,488.00, being $340,488.00 for Park dedication fees and $35,000.00 for estimated inspection fees. This transfer is necessary because Morrison Homes is now seeking to record a new Final Map for this same piece of land. It is understood by Morrison Homes that an additional $2,547.00 for Park dedication fees is required. Attached is our Check No. for this amount. Very truly yours, MORRISON HOM kidanaJ. Murtagh Assistant Secretary AJM/lc Attach. ` / n PART OF THE WORLDWIDE GEORGE WIMPEY ORGANIZATION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ ACCEPT DEPOSIT IN LIEU - TRACT NO. 5388 WHEREAS, pursuant to Section 8-7 .1 of the. Subdivision Ordinance of Alameda County, as adopted by the City of Dublin and as amended by Resolution 74-83 of the City Council of the City of Dublin; each residential use shall, as a condition to the approval lieu thereof, or a combination of both, for park and/or recreational purposes ; and WHEREAS, in its action on the Tentative Map of the subject tract, the Planning Commission of the City of Dublin did determine in accordance with Section 8-7 .1 of the aforesaid Subdivision Ordinance and as amended that a fee in lieu of land dedication for park and recreational facilities is to be paid, and fee to be used for the development of park and recreational facilities within a period of five years from the date of adoption of this resolution to serve the residents of the subject tract; and WHEREAS, the City Engineer is in receipt of a remittance amount as prescribed in accordance with Section 8-7 . 6 of the aforesaid Subdivision Ordinance and as amended, a portion of which is being transfered from the previous unconstructed Tract 5264, furnished by the tract developer and identified as follows : Tract: 5388 Subdivider: Morrison Homes Amount : $343 , 035 Tentative Planned Use: Future Dolan Parksite, or Future Fallon School Parksite 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 and as amended PASSED, APPROVED AND ADOPTED this 14th day of October, 1985 . AYES : NOES: ABSENT: Mayor ATTEST: City Clerk CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this � day of 1985, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" , and MORRISON HOMES CORPORATION, a Delaware Corp, 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 5388 in accordance with the requirements and conditions set forth within the Dublin City Council Resolution No. 26-85 adopted on April 8; 1985; 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, 250, 700 . 00 . b. Labor and Materials Bond. Developer shall furnish City with a bond conditioned upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. Said bond .shall comply with the laws of the State of California, and with Title 15, Part 4 , Division 3 of the Civil Code of the State of California (commencing with Section 3082 ) . Said bond shall be in the penal sum of $625, 350 . 00 . 3•. Insurance Required. Concurrently with the execution of this Agreement, Developer shall furnish City with evidence of insurance coverage as specified below. a . Worker' s Compensation Insurance . Statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an employer ' s liability insurance coverage with a limit of not less than $100, 000 per occurrence to cover any claims arising from employment not covered by worker' s compensation laws . Page 1 b . Comprehensive General Liability Insurance . Minimum limits of liability shall not be less than $1, 000, 000 per occurrence combined single limit bodily injury and property damage coverage ; any deductible provision shall not exceed $1, 000 per claim, and each and every policy must contain a cross liability or severability of interests clause . c . Comprehensive Automobile Liability Insurance . Minimum limits of liability shall be not less than $1, 000 , 000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles , and each and every policy must contain a cross liability of severability of interests clause . d. • Other Requirements . All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer ' s own cost and expense, . shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better . All certificates of insurance shall name the City and its officers, agents and employees as additional insureds , shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City ( 10 ) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 4 . Work Performance and Guarantee . Developer shall secure the services of those skilled in the trade, profession, or calling necessary to 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 furnisshed in the performance of this contract, and any acceptance of the work by City will not operate as a release to Developer or Developer ' s bondsmen from the aforesaid guarantee . 5 . Inspection of the Work . Developer shall guarantee free access to City through its City Engineer and his designated representative for the safe and convenience inspection of the work throughout its construction . Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications , and all such materials and/or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications . 6 . Agreement Assignment . This Agreement shall not be assigned by Developer without the written consent of City. 7 . Abandonment of Work . If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith , the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City maydesignate, and CITY shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and. materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer And his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and materials . 8 . Use of Streets or Improvements . At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer . The issuance of any building Page 2 or occupancy permit by City for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City ' s Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety . 9 . Safety Devices . Developer shall provide and maintain such guards , watchmen, fences , barriers , regulatory signs, warning lights, and other safety devices adjacent to and on the tract site. as may be necessary to prevent accidents to the public and damage. to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences , barriers , signs , and other safety devices . At the end of all work to be performed under this Agreement, all fences , barriers , regulatory signs , warning lights , and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly . 10 . -Acceptance of Work . Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to City by Developers , City, through its City Engineer or his designated representative, shall examine the :tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall accept the work and notify Developer or his designated agents of such acceptance . 11 . Patent and Copyright Costs . In the event that said plans and specifications require the use of any material , process or publication which is subject to a duly registered patent or copyright , Developer shall be liable for, and shall indemnify City from, any fees , costs or litigation expenses , including attorneys ' fees and court costs , which may result from the use of said patented or copyrighted material , process of publication . 12. Alterations in Plans and Specifications . Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof , and consent to make such alterations is hereby given , and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California . 13. Liability . a . Developer Primarily Liable . Developer shall be responsible for any and all loss aCCIcierlL , neglect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations , or execution of this Agreement, and for which City might be held liable . Developer shall protect and indemnify the City of Dublin, the City Council , the City Engineer and/or any officer, agent or employee of the City, and save them harmless in every .way from all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement . b . Design Defect . If , in the opinion of the City, a design defect in the work of improvement becomes apparent during the course of construction, or within one ( 1 ) year following acceptance by the City of the improvements , and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense , and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. Page 3 c . Litigation Expenses . In the event that legalaction is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys ' fees and court ' costs . IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By Mayor ATTEST: City Clerk DEVELOPER By -N, azv."- MORRISON HOMES CORPORATIO Page 4 Bond No. 100210 Premium: 6,253.00 IMPROVEMENT SURETY BOND PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That MORRISON HOMES MRPORATION as Principal, and SEABOARD SURETY COMPANY as Surety, are held and firmly bound unto the CITY OF DUBLIN State of California, as Obligee, in the sum of ONE MILLION TWO HUNDRED FIFTY THOUSAND SEVEN HUNDRED DOLLARS AND NO/100--------($1,250.700.00)--- for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly -and severally by these presents. The CONDITION of the above obligation is such that, Whereas the Principal has entered into an agreement, dated ' September 18, -1985 , with the Obligee to do and perform certain work relating to KILDARA - TRACT #5388 NOW THEREFORE, if the Principal shall fully perform all of the covenants and terms of said agreement, then this obligation shall be null and void; otherwise this obligation shall remain in full force and effect, and Surety shall cause the agreement to be fully performed or pay to Obligee the cost of performing said agreement in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to Obligee court costs and a reasonable attorney's fee,- to be fixed by the Court. The Surety does hereby consent to any and all alterations, extensions -- "- ­hpr modifications to the contract secured by this bond. STATE OF CALIFORNIA ]q�ppp ��� OFFICIAL SEAL 'i+�r�nAY12A1blCCiU ] SS.. I,i;�,,r r'}'i;_:.^ COUNTY OF ORANGE ,. ,..,LL=:a.-1: :y 1 L:.., „_ ,.�!�YE On this k..,,,.•�`-. AY Cormi s �xp.Jan. 2T. 138° –163 day 19. 5, before me, the undersigned Notary Public, in and for the State, Personally "`' "-^"'"*►,A ha�;��f sarisfactory evidence) STATE OF CALIFORNIA � On this...����' G� COUNTY OF.CC�??? 4L. G)Sri7�...ss. Iq .. '........ dayof... J2j� /hbe� ................in the year !r1�c� 2!L .................................... ...,before me, duly licensed and sworn, Nota Public,State of California, ,personally appeared. a ` ...,.. OFFICIAL SEAL .�hn.I.?... LINDA CHEEK personally known to me(or proved to me on the basis of g i••' ce) NOTAPY PUBLIC—CALIFORNIA to be the r` CO1;T3A COSTA COUNTY Person who executed the within instrument satisfactory evidence) or on behalf of the co as.17��5 raY fommisston Erp�res Apr.2, 1988 corporation therein named and acknowledged to� such corporation executed the within instrument u resolution of its board of directors, me that Pursuant rsuant to its by-laws or a IN WITNESS WHEREOF This document is on 1118 my official seal in the�� have hereunto set my hand transactions and in no wad loan which y he Proper for use in Sip I� ,C /; y acts,or is Im P� ..�'.CnT1ZL1 0.1 .C,qkf and affixed advice of en a,_y.the Printer ended to act.as a the ?-...�:C4 TA.. .....,County of.. does not make �stltute for to""81b„Y of an am warren eithererpressorimPliedastod* ,on the date set forth above in this certificate. Y Pmvisgn or Me suitehility of tf�esa forms in • COwdery'g Form No.28— ar"specific a...,ion. Acknowledgement to Notary Public Corporation(C. C.Secs. 1190-1190.1)—(1v 1/83) Yf/°Fl� Notary Public, State of Cali My commission expires fornia_�,(Ji)cQ a 9�'�r - __ �EA � SURE7I' ��_ NY0 MA 3_80 0 8 - `'°No Q ew_York )VewYork _ - _ POWER OF ATTORNEY KNOW ALL MEN BY THESE.PRESENTS .That SEABOARD SURETY.COMPANY a corporation of the State of New York has Y. _- _-- _. - made; constituted and appointed and by.these presents does make, constitute-and appoi "Scott.:R Grover nt :of California; = _ __. .._ its true and lawful Attorney in-Fact,.to make,execute and deliver on its behalf insurance policies,surety bonds;undertakings and :=other instruments of similar nature as follows:-.:,.-' Without :Limitations Such Insurance policies surety bonds,undertakings and instruments for said purposes when duly executed by the aforesaid =_ :_. _ _ _ Attorney-in-Fact,'shall_be,binding the said Company as fully.and to the same extent as.if signed by the dulya ithorized _. ;.officers of the Company and sealed_wlth its corporate seal and all the acts of said Atto_rney-in Fact, pursuant to the authority hereby given,'are hereby ratified and confirmed ..'-,This-appointment is madepursuant to the following By-Laws which were duly-adopted_by the Board of Directors of the said Company on December 8th, 1927,with Amendments to and including January 15,;1982 and are still in_full;force and effect: _,_:ARTICLE VII,SECTION 1 :_ - - _ - _ _ = - __ 'Policies,bonds,recognizances stipulations,consents of surety,underwriting undertakings and instruments relating thereto-- -1nsuiance policies,bonds,recognizances:stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other writings relating in any way.thereto orao any claim or loss thereunder,shall be signed.in the name•and on behalf of the Company (a)-by the,Chairmanof the Board:.the President;a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary;a Resident =Secretary or a Resident Assistant Secretary;or(b)by:an Attorney-in-FacYfor-the:Company appointed_and authorized by the Chairman of the Board the. President or a Vice-Presideritto makesuch signature;or(cj by such otheroffice�s or representatives as the Board may from time to Lme-determine. - _ _. - _ cThe seal_of the Company shall if appropriate be aftixed thereto by anyauch officer,Attorney m Fact or.representative _ --_IN_WITNESS WHEREOF :SEABOARD .SURETY COMPANY has caused-these presents to be.signed _6y one of Its.Vice = --- - Presidents;and its corporate seal to be hereunto affixed and duly attested byorle oths Assistant Secreta s this :7 h..::. : . December 81 = day_Of....................................... 19 _ s * Attest _ - SEABOA Y NY _ � �i�L alh Wya"� (Seal) _ t By tant Se eta e ry = - Vice-President STATE O.F..NEW YORK - _:COUNTY OF NEW YORK On this : :..th day of December.._ ....... .:.... __. 19 8 .....:, before rrie personally appeared = .R _-._T-_Gunders.en :....::.-:_.: aVice-President of SEABOARD SURETY COMPANY, ._ with whom I am personally acquainted;.who,-being by me duly sworn, said that he resides in_.�the State-of =New..York..,: ; -that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which,executed the foregoing instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Comp authority. <: .MARGARET M (_?IP ;LAN Notary PitYin Ne.v York - m NOTARY. m rhrtt�nr!(Seal) Gx�. Ou Ilfied in County .: ....... .... ... * Certificate Hri din`•dn/York Coun ary Public ty_. ........ c sr PUBLIC Q� Commission T-E _ I,the eftJi istant Secretary.of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full,true and co py,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of SEABOARD SURETY COMPANY... This Certificate maybe signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use'of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf.of the Company.surety bonds, underwriting undertakings or other - instruments described in said Article VII;Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." : = - 'IN WITNESS WHEREOF I e hereunto set my and affixed the corporate seal of Company to then resents this so"ETr - .....:..........................'.. _ day of 9 ..� 1927 — _ --,'-_- For verification of the authenticity of this Power of Attorney you may call,collect,212-943-7440 and ask for the Power of Attorney clerk.Please refer to the Power Bond No. 100210-85 Premium: 6,253.00 IMPROVEMENT SURETY BOND LABOR AND MATERIALS KNOW ALL MEN BY THESE PRESENTS: That MORRISON HOMES CORPORATION as Principal,and SEABOARD SURETY COMPANY as Surety, are held and bound unto CITY OF DUBLIN State of California, as Obligee, in the sum of SIX HUNDRED TW= FIVE THOUSAND THREE HUNDRED FIFTY AND NO/100--------------($625,350.00)------ for which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. The CONDITION of the above obligation is such that, Whereas the Principal has entered into an agreement, dated September 18, 1985 with the Obligee to do and perform certain work relating to KILDARA — TRACT #5388 and Whereas provisions of the said agreement require the Principal to perform and complete all of the work described in said agreement at his own expense and to provide a bond to guarantee payment for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work agreed to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, all said parties hereinafter referred to as Beneficiaries. NOW THEREFORE, if the Principal shall pay in full all of said Beneficiaries, then this obligation shall be null and void; otherwise this obligation shall remain in full force and effect, and Surety shall pay in full all of said Beneficiaries in an amount not exceeding the said sum above specified and shall also, in case suit is brought upon this bond, pay to said Beneficiaries court costs and a reasonable attorney's fee, to be fixed by the Court. This bond and obligation of the Surety shall inure to the benefit of all said Beneficiaries and shall grant the right to said Beneficiaries or their assigns to bring suit on this bond. ----- a^^^ 1,o ',v innSent to any and all alterations, extensions of STATE OF CALIFORNIA X OFFICIAL.SEAL COUNTY ORANGE l ss.. = �`. OF ORANGE z ro i!:w:t?"w, ^ -:,!'11't tis�t:• ",i.i�'.'�(.":IA 48 -C*A;' ' o:.,. Cc.;rr.r .� my Commies ea Exp.Jan.21, 1989 STATE OF CALIFORNIA r1 r-h �y On this..�., day .�2./J7GPr- COUNTY OF.C� :. ss. ,P L'>?IkGt,L.:.�T�• .. .... ..� . ................. .in the year .r.�% .................................................before me, ••••••••••••...,a Notary Public,State of California, duly licensed and sworn,prsonally appeared............. ............................ t..•. OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) �D 10 LINDA CHEEK to be the person who executed the within instrument as. r 1 NOTARY N I]PUBLIC T CALIFORNIA or on behalf of the corporation therein named and acknowledged COP;IRA COSTA COUNTY "r ~J such co to ky Commission ExF res Apr.2, �ggg corporation executed the within instrument pursuant to i by-laws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed This document;„nya general form ma mY official seal in the..S(R Q, o ,simp transactions g and in no way acts•or is intended to act mass ar'tu tismute for the / f•••••....... �afKa� l�Jg rq ,County o on the date set forth a do”100 validity tf aney.ftr��he s rfa make these Wema^N either".Press or implied as to ete hove in this certificate. h W any prov sion or'he'u taMl ty a tf»,e farms many Veafic Cowde transaction. J , ry's Form No. 28—Acknowledgement to Notary public— CorPoration(C. C.Secs. 1190-1190.1)— n"" ""�" Notary Public, State of California (Rev. 1/83) My commission expires / 4 �=Ceitified_Cop - -- - - - - --- _- _ - -- -- - - - 5E KRD SURE CO = 9 9311 :,` New_York;Neva York= _ - _ _ _ -_ POWER OF ATTORNEY = = _ KNOW ALL MEN-BY.THESE PRESENTS -That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made, constituted and appointed and by these presents does make,.constitute and appoint Scott R:: Grover'-,_ zz `of Irvine,:California - _ = Z. -its true and lawful Attorney-'in-Fact,to make,execute and deliver on its behalf in policies,surety bonds,undertakings and other instruments'of similar nature as follows =Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes,:.when duly executed by the aforesaid Attorney-in-Fact,shall be binding upon the said Company as-fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal;'and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. - This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927,'with Amendments to and including January 15, 1.982 and are still in full force and effect: ARTICLE VII,SECTION 1: =- "Policies,bonds,recognizances,stipulations,consents of surety,-underwriting undertakings and instruments relating thereto. - - Insurance policies,bonds,recognizances,stipulations".consents of surety and underwriting undertakings of the Company,and releases,agreements and other writings relating in any way thereto or any claim or loss thereunder,shall be signed in the name.and on behalf of the Company'=:- _ (a) by the Chairman of the Board,the.President,a Vice-President or a Resident Vice-President and by the Secretary;an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary;or-(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the ' President or a Vice-President to.make such signature;or(c) by such other officers or representatives as the Board may from time to time determine.- The seal of the Company shall if appropriate be affixed thereto byanysuch officer,Attorney-in-Fact or representative.`- IN WITNESS WHEREOF, SEABOARD SURETY.COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto_ affixed and duly attested by one of its Assistant Secreta s, this 7th._... ... day of : ........................er_.:..... ::. Attest: SEABOA Y NY 1927 i = (Seal) C %� .. . ... ........... R6W��Q� - _ .... - .................................. By ...: tant Se etary - Vice-President STATE OF NEW YORK ss.: = COUNTY OF NEW YORK _ On this........7th................. day of ......_._D_ecember......_._...--------:-----....._.............::............1-19§1...... before me personally appeared ..................R.:..T_...Gunders.en......`........._..................................... ....::::....... a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State'of :New.•York............. . that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and.that he signed his name thereto as Vice-President of said Comp authority. = MARGA�.ET M. O!,'!NLAN ��° ��,., Notary Pi!Yic. F'•-+n r,f New York (Seal) NOTARY Ouniifi�d in r:chr and County �-- C,� * Certificate Fh�.. ��:.rl.r York County ry Public 4r�l PUBLIC Q1 Commission t;tcR;VFT*4"elh T-E 410 •+, I,the eR3igtfAI istant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full,true and co py,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. -. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made,hereby is authorized and approved." . IN WITNESS WHEREOF I have hereunto set my hand and affixed the corporate seal of the Company to thes resents this kith: SEP'I' - 85 �suerr, day of..:._ -.--... _ 9. - = N -1927 - Nf'l e'` = Assistant Secre ry - _r _Form 957 1 v.7/84) _ For verification of the authenticity of this Power of Attorney you may call,collect,212-943-7440 and ask for the Power of Attorney clerk.Please refer to the Power STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE September 17, 1985 POLICY NUMBER: 244-85 Unit #'378 CERTIFICATE EXPIRES: 10/1/86 r CITY OF DUBLIN CITY HALL DUBLIN, CA 94568 L This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the,insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. i3EStOENT TRACT 5388, KILDARA EMPLOYER r MORRISON HOMES P 0 BOX 23172 PLEASANT HILL, CA 94523 L ISSUE DATE(MM/DD/YY) !Onre 9/16/85 2150 600W BROKER G THIS CERTIFICATE IS ISSUED AS A MATTER 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. Corroon Black COMPANIES AFFORDING COVERAGE 50 California Street COMPANY San Francisco, CA 94111 LETTER A National Fire Insurance Company Tel: (415) 981-0600 COMPANY B INSURED LETTER COMPANY Morrison Homes Corporation LETTER C 2255 Contra Costa Boulevard, Suite 200 COMPANY Pleasant Hill, CA 94523 LETTER COMPANY E 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- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE(MM/DDfYY) DATE(MM/DO/YY) EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY COMPREHENSIVE FORM GLA 180 2969 RA 7/15/ 5 7/15/86 INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS BI 8 PD CONTRACTUAL COMBINED $ 1,000 $ 1,000 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1,000 R1 ANKET-- AUTOMOBILE LIABILITY BODILY INJURY $ ANY AUTO BA 928 4070 RA 7/15/ 7/15/86 (PER PERSON) ALL OWNED AUTOS(PRIV. PASS.) BODILY INJURY OTHER THAN ALL OWNED AUTOS PRIV. PASS. PER ACCIDENT) $ HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI 8 PD COMBINED $ 1,000 EXCESS LIABILITY UMBRELLA FORM BI 8 PD COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION CA AND WC 155 5065 RA 7/15/ 7/15/86 $ (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY CA 7 $ (DISEASE-EACH EMPLOYEE) Soo OTHER The term CertificatD Holder, wherever used in thi Certificate of Insurance, ns: City of Dublin, its officers, agents and empl ees.Coa�rehensive General Liability and Automobile Liability The Certificate Holder i an Additional Insured sol ly as respects all work performed and vehici s used by or oh behalf of the Named Insure DESC• T A IL / on n y o n raC Such insurance as is afforded by the aforementioned policies is primary insurance and no other insurance of the Additional Insured will be called upon to contribute to a loss.The Comprehensive General Liability Policy contains the Standard Cross Liabili s • o Ci of Dublin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City PIRATION DATE THEREOF, THE ISSUING COMPANY WILL E XX�SS��7CC PO BOX 2340 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER THE' Dublin, CA 94568 LEFT, � 7X Of AU IN CURVE DATA N0. DELTA RADIUS LENGTH NOTES: Cl 181'22'31' 35.00 110.80 C2 79'00'08" 4400 59.37' 1. THE AREAS DESIGN, LINE DATA \ L_A t D 51 O D.S.R.3.Lt ACCESS EASEMENT' AND N0. BEARING DISTANCE ;v F_ 041:39 rA;&,77 SHOWN ON TRACT 5264, Ti N24'18'42*N 110.35 s: _ ;4-,-I OF MAPS AT PAGES 74 - T2 N88'57'35OE 34.10 Y �' `IP , P RECORDS, WILL BE QUIT T3 N73'51'38 M 20.50 T4 N54'53.20'E 148.45 G ' Lg 368 S 3G/b T5 N82'53'20'E 120.35 I�l:•✓' nn{- \ T5 l8 2 DONLON WAY OFFEF TB N78'23'20-E 84.48 " r Y"r' i 0 — T7 N83'47'20'E 78.00 •~ �1"o g'j' - _ IN BOOK AT PAG TO NOG'31*37OW 50.94 710 N24'44'52'N 118.05 �'; IZJj`9 00 2�-� / 1 ,' • �,��,� T4 ��•%`- _ —/• cri 4 25 T 5 3 *`_ SHADOW t ,,:r. `. DRIVE \ '' •• _ `' " / ?7•�'•t �3�`•`3f i. --- V ci VALLEY _ in i I 8 �` — BOULEVARD 23 �.•1 t� N I � � Jr3 8 10 v N I m —fi Z— 1 CASTLE '\ _ I 1 2 _ " COURT `J i _ _ �- i t'• ::;.. cu -- -21— t 13 14 2 S o BETLEN — 2 15 / ° se ' DRIVE M 11 L LO tn I 19 � } �•t �rt y am z :� 17 I I `�•' ' k ��? Q ,� N69'27'41-E 427.18 / C� ,4< - - - - ��_- &1„ is E 815 �GD I c i•;r:_77 .73 ' •�.�w�Xif r1"'1 str�:`C•iy :�•: i Y," i l� o. ,,w SHT. 3 ' Z>- INDEX MAP FD 3 "jP. o 3 SEE NOTE 2 _ BEARS N.0 V/'24£0.77' SCALE: 1 1 00 X84046