HomeMy WebLinkAboutResolution No. 5323RESOLUTION NO. 5323
RESOLUTION APPROVING FINAL MAP OF SUBDIVISION
ENTITLED If SPINNAKEg POTNT, UNIT ONE"
WHEREAS, the Planning Commission of the City of San Rafael, State of California,
did on JUNE 20, 1977 , in writing, recommend to the City Council of said
City the approval of the final map of " SPINNAKER POINT, UNIT ONE"
consisting of TWO sheets hereinafter referred to; and
WHEREAS, it appears to said City Council and said City Council hereby finds
and determines said map is in conformity with the requirements of the Subdivision
Ordinance, Title 15 of the San Rafael Municipal Code, and that said City Council
is satisfied with the plan of the subdivision;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of San
Rafael, California, that the final map of said subdivision, approved by the Planning
Commission of said City on JUNE 14, 1977 and entitled
If SPINNAKER POINT, UNIT ONE" _, be and the same is hereby
approved, and that the City Clerk of said City be and he is hereby authorized and
directed to execute the certificate upon the face of the map of the approval thereof
and, upon the filing with the City Clerk of the agreement and bond (or deposit) with
the approval thereof all as required by Sections 15.20.060; 15.20.080; and 15.20.090
of said Subdivision Ordinance, to transmit said map to the Clerk of the Board of
Supervisors of Marin County;
BE IT FURTHER RESOLVED THAT certain agreement entitled "AGREEMENT (SUBDIVISION
IMPROVEMENTS) SPINNAKER POINT, UNIT ONE AND THOSE IMPROVEMENTS DESCRIBED
ON EXHIBIT ffrr ATTACHED TO SAID AGREEMENT,
being the agreement required by Section 15.20.080 of said ordinance shall, when
executed and filed by or on behalf of the subdivider and approved by the City
Attorney and City Manager as provided in Section 15.20.060 of said ordinance be
executed on behalf of said City by the Mayor and City Clerk, and said offices are
hereby authorized and instructed so to do;
BE IT FURTHER RESOLVED THAT upon the execution, filing and approval of said
agreement and bond and the recordation of said final map, all in accordance with
the requirements of said ordinance appertaining to said agreement and bond and the
recordation of said map, the City accepts the dedication of all public streets,
public utility easements and anchor easements, all as shown thereon for public
use as such, and the City does hereby remove any one (1) foot non -access strips
on any public dedicated right-of-way adjacent to this subdivision.
I, MARION A. GRADY, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted
at a REGULAR
meeting of
the Council
of said City on
MONDAY , the
20TH
day of
JUNE
19 77 , by the following vote, to -wit:
AYES: COUNCILMEN:Miskimen, Mulryan, Nixon and Acting Mayor Jensen
NOES: COUNC I LMEN: NONE
ABSENT: COUNC I LMEN: Mayor Bettini
MARION A. GRADY, City Clerk
— 2 —
AGREEMENT
(SUBDIVISION IMPROVEMENTS)
THIS AGREEMENT is made this BATH day of June, 1977, and is
entered into by and between the City of San Rafael, hereinafter
referred to as "City", and San Rafael Cayes, Inc., hereinafter
referred to as "Subdivider", both of whom understand as follows:
RECITALS:
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "Map") entitled "Spinnaker
Point, Unit One".
The map has been filed with the City Clerk of City for
presentation to the City Council of the City for its approval,
which map is hereby referred to and incorporated herein;
Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all
streets, highways or public ways and public utility facilities
which are a part of, or appurtenant to, the subdivision
(hereinafter called "subdivision") designated in the map, all in
accordance with, and as described in, Exhibit "A" hereto, which
Exhibit is incorporated herein by this reference. Plans and
specifications for all of said improvements shall be prepared by
the Subdivider and submitted to the City Engineer for his
written approval.
Council of said City on the 20th day of June, 1977, adopted
its Resolution approving map, and has accepted the dedications
therein offered, or some thereof, on condition that Subdivider
tirst enter into and execute this agreement with City, and meet
the requirements of said resolution; and
This agreement is executed pursuant to the provisions of
the Subdivision Map Act of the ,State of California and Ordinance
No. 546 (as amended) of City.
NOW THEREFORE, for and in consideration of the approval of
the Map and of the acceptance of the dedications or some
thereof, therein offered, and in order to insure satisfactory
performance by Subdivider of Subdivider's obligations under said
Subdivision Map Act and said ordinance, the parties agree as
follows:
1. Performance of Work.
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all under the direction and to the satisfaction of the
City Engineer of City, all of the following work and
improvements within (and/or without) the subdivision,
to wit:
Construct and complete all of the improvements,
including all, but not limited to, streets, highways or
public ways and public utility facilities which are a
part of, or appurtenant to, the subdivision designated
in said map, all in accordance with, and as required
by, the plans and specifications for all or any of said
improvements in, or appurtenant to, or outside the
limits of said subdivision, which plans and
specifications shall be prepared in accordance with
Exhibit "A" hereto and shall be approved by and filed
with the office of the City Engineer of City, and
Subdivider shall also do all other work and furnish all
other materials necessary in the opinion of the City
Engineer, and on his order, to complete the
improvements in accordance with the plans and
specifications as hereinbefore specified, or with any
changes required or ordered by said Engineer, which in
his opinion are necessary or required to complete the
work.
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2. Work; Places and Grades to be fixed by Engineer.
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, which
will be approved by City Engineer and which will be on
file in his office, and to the satisfaction of said
City Engineer.
3. Work; Time for Commencement and Performance.
City hereby fixes the time for the commencement of said
work to be on the day of , 19
and for its completion to be within seven hundred and
thirty calendar days thereafter. At least fifteen
calendar days prior to the commencement of work
hereunder, Subdivider shall notify City Engineer in
writing of the date fixed by Subdivider for
commencement thereof, so that City Engineer shall be
able to provide services of inspection.
4. Time of Essence - Extension.
Time is of the essence of this agreement; provided,
that in the event good cause is shown therefor, the
City Council may extend the time for completion of the
improvements hereunder. Any such extension may be
granted without notice to the Subdivider's surety, and
extensions so granted shall not relieve the surety's
liability on the bond to secure the faithful
performance of this agreement. The City Council shall
be the sole and final judge as to whether or not good
cause has been shown to entitle Subdivider to an
extension.
5. Repairs and Replacements.
Subdivider shall replace, or have replaced, or repair,
or have repaired, as the case may be, all pipes and
monuments shown on the map which have been destroyed or
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damaged, and Subdivider shall replace or have replaced,
repair, or have repaired, as the case may be, or pay to
the owner, the entire cost of replacement or repairs,
of any and all property damaged or destroyed by reason
of any work done hereunder, whether such property be
owned by the United States or any agency thereof, or
the State of California, or any agency or political
subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or by
a combination of such owners. Any such repair or
replacement shall be to the satisfaction, and subject
to the approval, of the City Engineer.
6. Utilitv Deposits - Statement.
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the
area delineated on the map, a written statement signed
by Subdivider, and each public utility corporation
involved, to the effect that Subdivider has made all
deposits legally required by such public utility
corporation for the connection of any and all public
utilities to be supplied by such public utility
corporation within the subdivision.
7. Permits; Compliance with Law.
Subdivider shall, at Subdivider's expense, obtain all
necessary permits and licenses for the construction of
such improvements, give all necessary notices and pay
all fees and taxes required by law.
8. Superintendence by Subdivider.
Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman
or superintendent, satisfactory to the City Engineer,
on the work at all times during progress, with
authority to act for Subdivider.
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boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations; provided as
follows:
a. That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of
the aforesaid hold -harmless agreement, because of
the acceptance by City, or the deposit with City by
Subdivider, of any of the insurance policies
described in paragraph 12 hereof.
b. That the aforesaid hold -harmless agreement by
Subdivider 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.
12. Subdivider's Insurance.
Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance
required under this pa.ragraph, nor shall Subdivider
allow any contractor or subcontractor to commence work
on his contract or subcontract until all similar
insurance required of the contractor or subcontractor
shall have been so obtained and approved. All
requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and
shall specifically bind the insurance carrier.
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a. Compensation Insurance.
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation insurance for all
Subdivider's employees employed at the site of
improvement, and in case any work is sublet,
Subdivider shall require any contractor or
subcontractor similarly to provide Workmen's
Compensation insurance for all contractor's or
subcontractor's employees, unless such employees
are covered by the protection afforded by
Subdivider. In case any class of employees engaged
in work under this agreement at the site of the
project is not protected under any Workmen's
Compensation law, Subdivider shall provide, and
shall cause each contractor and sub -contractor to
provide, adequate insurance for the protection of
employees not otherwise protected. Subdivider
hereby indemnifies City for any damage resulting to
it from failure of either Subdivider or any
contract or subcontractor to take out or maintain
such insurance.
b. Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain during the
life of this agreement such public liability and
property damage insurance as shall insure City, its
elective and appointive boards, commissions,
officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered
by this agreement from claims for damages for
personal injury, including death, as well as from
claims for property damage which may arise from
Subdivider's or any contractor's or subcontractor's
operations hereunder, whether such operations be by
Subdivider or any contractor or subcontractor, or
by anyone directly or indirectly employed by either
Subdivider or any contractor or subcontractor, and
the amounts of such insurance shall be as follows:
(1) Public Liability Insurance.
In an amount not less than $500,000.00 for
injuries, including, but not limited to,
death, to any one person and, subject to the
same limit for each person, in any amount not
less than $1,000,000.00 on account of any one
occurrence;
(2) Property Damage Insurance.
In an amount of not less than $100,000.00 for
damage to the property of each person on
account of any one occurrence.
c. Cross -Liability Endorsement.
In the event that any of the aforesaid insurance
policies provided for in this paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such policy
shall contain a standard form of cross -liability
endorsement, insuring on such policy City, its
elective and appointive boards, commissions,
officers, agents and employees, Subdivider and any
contractor or subcontractor performing work
covered by this agreement.
13. Evidence of Insurance.
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of the
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
of the cancellation or reduction in coverage of any
policy during the effective period of this agreement.
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14. Title to Improvements.
Title to, and ownership of, all improvements
constructed in a public right of way or dedicated
easement hereunder by Subdivider shall vest absolutely
in City, upon completion and acceptance of such
improvements by City.
15. Repair or Reconstruction of Defective Work.
If, within a period of one year after final acceptance
of the work performed under this agreement, any
structure or part of any structure furnished and/or
installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done
under this agreement, fails to fulfill any of the
requirements of this agreement or the specifications
referred to herein, Subdivider shall without delay and
without any cost to City, repair or replace or
reconstruct any defective or otherwise unsatisfactory
part or parts of the work or structure. Should
Subdivider fail to act promptly or in accordance with
this requirement, or should the exigencies of the case
require repairs or replacements to be made before
subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perform
the necessary work and Subdivider shall pay to City the
actual cost of such repairs plus fifteen (15) percent.
16. Subdivider not Agent of City.
Neither Subdivider nor any of Subdivider's agents or
contractors are or shall be considered to be agents of
City in connection with the performance of Subdivider'z
obligations under this agreement.
17. Cost of Engineering and Inspection.
Subdivider shall pay to the City all inspection costs
as required by Section 15.20.070 of the San Rafael
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Municipal Code.
18. Notice of Breach and Default.
If Subdivider 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 extensions thereof, or fails to
obtain completion of said work within such timne, or if
the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the
benefit of Subdivider's creditors, or if a receiver
should be apppointed in the event of Subdivider's
insolvency, or if Subdivider, or any of Subdivider's
contractors, subcontractors, agents or employees,
should violate any of the provisions of this agreement,
City Engineer or City Council may serve written notice
upon Subdivider and Subdivider's surety of breach of
this agreement, or of any portion thereof, and default
of Subdivider.
19. Breach of Agreement; Performance of Surety or City.
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the work
and the improvement herein specified; provided,
however, that if the surety, within five 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 five 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 Subdivider; and Subdivider and
Subdivider's surety shall be liable to City for any
excess cost or damages occasioned 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 Subdivider as may be on the site of the
work and necessary therefor.
20. Notices.
All notices herein required shall be in writing, and
delivered in person or sent by registered mail, postage
prepaid. Notices required to be given to City shall be
addressed as follows: City of San Rafael, C/O City
Engineer, City Hall, San Rafael, California. Notices
required to be given to Subdivider and/or Subdivider's
surety shall be addressed as follows: Mr. Harry L.
Whitehead, Senior Vice President, Monumental
Properties, Inc., 25 South Charles Street, Baltimore,
Maryland 21201. 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.
21. Warranty that Plans and Specifications are Adequate.
Subdivider warrants that the plans and specifications
above described are adequate to accomplish all of the
improvement work contemplated by this agreement in a
good and workmanlike manner, and in accordance with
accepted construction practices. Should said plans and
specifications at any time within a period of one year
after final acceptance of the work performed hereunder
prove to be inadequate in any respect, then Subdivider
does agree to make such changes as are necessary to
accomplish said work in a good, workmanlike manner, and
in accordance with accepted construction practices.
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22. Attornev's Fees and Expenses of Litiqation.
Should City be required to institute legal action to
compel performance of this agreement, Subdivider agrees
to pay all reasonable attorney's fees, costs of suit,
and all other expenses of litigation incurred by City
in connection therewith.
23. "As Built Plans"
A complete improvement and grading plan "as built"
shall be filed with the City Engineer upon completion
of the said work and improvements.
(Seal)
CITY OF SAN RAFAEL
By &ice 050
Mayo
By a `C .
City Clerk
SAN RAFAEL_CAYES, -TNC.
By
(If the Subdivider executing this
agreement is a corporation, a
certified copy of the Bylaws or
Resolution of the Board of
Directors authorizing officers
of said corporation to execute
this agreement shall be annexed
hereto.)
APPROVED AS TO SUFFICIENCY:
City Engineer
City Manager
APPROVEDJNS TO FORM_:
orney
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ry L. Whitehe
A. Levee Protection System. A system of levees and
earth berms is to be constructed, as follows:
(1) Along San Rafael Canal and Bay frontage from
Murphy Rock to East Canal Street, the existing levee
will be raised to elevation 9.00 + (plus an allowance
for thirty years settlement) with approved earth
material. A new earth berm one foot in height will
then be constructed along the inside edge of the top of
the levee, with a top width of 2.00 + feet and a side
slope no steeper than two units horizontal to one unit
vertical.
(2) Approximately 200 lineal feet of East Canal
Street, located in the vicinity of the P G & E tower
easement, will be raised to a highest point of
elevation 9.00 + (plus an allowance for thirty years
settlement).
(3) Along the westerly boundary of the lands of
San Rafael Cayes, Inc., from East Canal Street to the
southwest corner of the proposed 225 lot Spinnaker
Point subdivision (a distance of approximately 1,200
feet), a new earth berm will be constructed to
elevation 9.00 + (plus an allowance for thirty years
settlement), with a top width of 10.00 + feet.
(4) Along the westerly boundary of the lands of
San Rafael Cayes, Inc., from the end of the berm
described in subsection A.(3) of this Exhibit to the
lands of the City of San Rafael (a distance of
approximately 900 feet), a temporary earth berm will
be constructed to elevation 9.00 +, with a top width
of 2.00 + feet and a side slope no steeper than two
units horizontal to one unit vertical.
(5) Along the southwesterly boundary of the
lands of San Rafael Cayes, which is a common boundary
EXHIBIT "A"
with the lands of the City, a new earth berm will be
constructed to elevation 9.00 + (plus an allowance for
thirty years settlement), with a top width of 2.00 +
feet and a side slope no steeper than two units
horizontal to one unit vertical.
(6) Along the southerly boundary of lands of San
Rafael Cayes, Inc., from the lands of the City of San
Rafael to Murphy Rock, the existing levee will be
raised to elevation 9.00 + (plus an allowance for
thirty years settlement) with approved earth material.
Top width of the levee is to be 8.00 + feet.
(7) It is intended that subsections A.(1) through
A.(6) above shall describe a continuous system of
levees and earth berms to protect Spinnaker Point.
(8) The provisions of paragraph 3 of the Agreement to
the contrary notwithstanding, the improvements described in
subsections A.(1), A.(2), A.(3), A.(4), A.(5) and A.(6) of
this Exhibit shall be completed prior to the granting of
occupancy permits for the lots shown upon the Map of
"Spinnaker Point, Unit One".
(9) The levee and berm improvements described in
subsections A.(4) and A.(6) will be temporary, and are to
be further improved as follows:
(a) The temporary berm described in subsection
A.(4) of this Exhibit will be further improved by the
addition thereto of sufficient approved earth material
to widen the top thereof to a width of 10.00 + feet.
(b) The portion of the levee referred to in
subsection A.(6) of this Exhibit will be further
improved by the addition thereto of sufficient
approved earth material to widen the top thereof to a
width of 10.00 + feet.
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Any provision of this agreement to the contrary
notwithstanding, if the City of San Rafael exercises the
existing option to acquire the proposed marina site, or
otherwise agrees to acquire a portion of the land upon
which the further improvements described in this subsection
A.(9) are to be located, then San Rafael Cayes, Inc. or its
successor in interest shall only be required to construct
that portion of such further improvements as are located
upon the land to be retained by San Rafael Cayes, Inc. or
its successors in interest, and the remainder of such
further improvements shall be constructed by the City of
San Rafael. In any event, the further improvements
described in this subsection A.(9) shall be completed
within the time limitation described in paragraph 3 of the
Agreement.
B. Street Resurfacing. Where existing streets are cut
with utility trenches, the portion of such streets so cut shall
be resurfaced with one and one-half inches of "Type A" plant -mix
surfacing. As each portion of a street is resurfaced to the
satisfaction of the City Engineer, the obligations of the
Subdivider as to that street shall be deemed complete.
If, however, any streets are damaged by the Subdivider or
its contractors or subcontractors, such damage shall be repaired
by the Subdivider to the satisfaction of the City Engineer.
Newport Way shall be repaired or resurfaced, as required by
this section B, within forty-five days of the issuance of the
last of the occupancy permits for the lots shown upon the Map of
"Spinnaker Point, Unit One."
C. Sanitary Sewer System. A sanitary sewer system for all
lots shown on the Map of "Spinnaker Point, Unit One" shall be
installed by the Subdivider. When sanitary sewers are installed
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to the satisfaction of the City Engineer, the system, including
side sewers from any sidewalk clean-out to a main line, shall be
accepted for maintenance by the City of San Rafael. If
additional easements for sewer purposes are required, the
Subdivider shall grant such easments to the City prior to
acceptance.
D. Miscellaneous Site Preparation. All lots and common
area as shown on the map of "Spinnaker Point, Unit One" shall be
graded to conform to the requirements of the City of San Rafael.
The finished floors of all buildings located thereon shall be
not lower than elevation 6.00.
The existing sand fill on such lots shall be further
compacted, as necessary, in accordance with the recommendations
prepared by Harding, Lawson Associates and approved by the
Geotechnical Review Board. The work of compaction shall be
subject to the supervision and approval of Harding, Lawson
Associates. If additional material is required, it shall be
provided by the Subdivider.
A grading plan will be prepared by the office of Coleman,
Selmi & Wright, Engineers and Surveyors, reflecting the above
grading requirements, and will be submitted to the City Engineer
for approval. Such grading plan shall include all necessary
appurtenances necessary for proper drainage.
E. Maintenance of Lagoon Bank. The portion of the lagoon
bank included within the Map of "Spinnaker Point, Unit One",
from the top thereof to any existing water line, shall be
landscaped by the Subdivider in accordance with the approved
landscaping plan, and such landscaping shall be maintained by
the Spinnaker Point Homeowner's Association. As additional
phases of Spinnaker Point are completed, the portion of the
lagoon bank included within such phases shall be similarly
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landscaped by the Subdivider and maintained by the Association.
If the Subdivider or the Association so desires, and if the
maint-enance district agrees, the maintenance district may assume
the obligation of maintenance described in this section E.
F. Elevations. The elevations referred to in this Exhibit
or the Agreement are Mean Sea Level Datum (1929). Where any
elevation refers to an allowance for subsequent settlement, such
allowance shall be deemed adequate when approved by the City
Engineer, and nothing in this Exhibit shall be deemed to affect,
(by extension or otherwise) the warranty requirements set forth
in paragraphs 15 and 21 of the Agreement. Where an allowance
for subsequent settlement relates to the improvement of a levee,
berm or site fill in existence as of the date of the Agreement,
the period of such allowance shall be deemed to have commenced
as of the date upon which the existing levee, berm or site fill
was originally completed.
G. Amount of Security. For the purpose of determining the
principal amount (penal sum) of the surety bonds required by
paragraph 10 of the Agreement, the "contract price" shall be
deemed not to exceed the sum of Two Hundred Thousand Dollars
($200,000.00).
H. Approval of Governmental Agencies. The City and the
Subdivider acknowledge that permits and approvals from other
governmental agencies may be required for the construction of
various portions of the improvements referred to in the
Agreement. The Subdivider shall use its best efforts to obtain
such permits and approvals and the City shall offer such
assistance as it deems appropriate. In the event that any
governmental agency refuses to approve or permit any portion of
the improvements to be undertaken or completed, the resulting
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inability of the Subdivider to undertake or complete such
portion of the improvements shall not be deemed a breach of the
Agreement, but such inability shall not relieve the Subdivider
from any other obligations to construct improvements imposed by
the Agreement.
'' t Q{ O rt (1 A r4 6 0 z' Li Bond No. 600 00 26
~(Subdivision) — — —
KNOW ALL MEN BY THESE PRESENTS:
SAN RAFAEL CAYES, INC., a
That we California corporation , of San Rafael California
California, as Principal, and Fidelity & Deposit Co. of Md.—, a corporation, organ-
ized and existing under the laws Of the State of _ 14aryland , and
authorized to transact a surety business in the State of California, as Surety, are
held and firmly bound unto THE CITY OF SAN RAFAEL, County of Marin, State of California,
Obligee, in the penal sura of Two Hundred Thousand
Dollars ($ 200,J;—lawful 000.00 coney of the United States rica,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally by these
presents:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH T1'AT:
WHEREAS, said Principal has entered or is about to enter into a contract
with THE CiTY OF SAN RAFAEL, which contract is entitled AGREEMENT (SUBDIVISION
IMPROVENENTS) and is dated the 2o -l" day of JumG- , 19-17,
and covers the installation of improvements in and/or for the benefit of that
certain subdivision known as Spinnaker Point, Unit I ; and
WHEREAS, Principal is required to secure said contract with a good and suf-
ficient improvement security;
NOW, THEREFORE, if the said Principal shall fully and faithfully perform said
contract and the work and Improvements covered thereunder, including any and all
changes or alterations thereto and shall fully and faithfully maintain and repair
such work and improvements and any and all changes or alterations thereto as set
forth in said contract, then this obligation shall be null and void, otherwise to
remain in full force and effect.
No extension of time granted the Principal and no change or alteration of
said contract, whether made after notice or not, -shall relcascc cr- otherwise affect
the obligation of the
extension, change or alteration. The Surety, by the execution of this bond,
represents and warrants that this bond has also been duly executed by the Principal
with proper authority, and the Surety hereby waives any defense which it might have
by reason of any failure of the Principal to execute or properly execute this bond..
In the event suit is brought upon this bond by THE CITY OF SAN RAFAEL and
judgment is recovered by It, court costs, including reasonable attorney's fees,
shall be an additional obligation of this bond for which Principal and Surety shall
be liable.
This obligation shall be effective as of this date and shall continue In
effect until said contract and any changes or alterations thereto and the maintenance
and repair mentioned above have been performed in full, unless previously released
by THE CITY OF SAN RAFAEL.
Signed and sealed the 24th day of June 1977
SAN RAFAEL CAYES, INC.
By: `, am in, ornes- n- ;Re C
�� Fi it,
and Deposit Compa%y of, 1`_arylanc
PRINCIPAL Gordon L. Greens un, Vice Pres. SURETY
THE FGREGOiNG BOND IS APPROVED AS TO
SUFF I C I ENCY • .
City Engineer
City Manager
THE FOREGO �G BOND IS APPROVED
FORM :..,7 % i
C 1 T%r,-A1T,!Pnay
NOTE TO SURETY COMPANY: The following
fors;( of acknowledgement should be used.
If any other form of acknowledgement is
used, there must be submitted a certi-
fied copy of unrevoked resolution of
authority for the attorney-in-fact.
. �:
,
7 � ti.,Si_i,."..:'xis..�a�:�i..=i�.i°-:.i:.:.�:�r.�x..aia� �a.rra��
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'' t Q{ O rt (1 A r4 6 0 z' Li Bond No. 600 00 26
~(Subdivision) — — —
KNOW ALL MEN BY THESE PRESENTS:
SAN RAFAEL CAYES, INC., a
That we California corporation , of San Rafael California
California, as Principal, and Fidelity & Deposit Co. of Md.—, a corporation, organ-
ized and existing under the laws Of the State of _ 14aryland , and
authorized to transact a surety business in the State of California, as Surety, are
held and firmly bound unto THE CITY OF SAN RAFAEL, County of Marin, State of California,
Obligee, in the penal sura of Two Hundred Thousand
Dollars ($ 200,J;—lawful 000.00 coney of the United States rica,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally by these
presents:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH T1'AT:
WHEREAS, said Principal has entered or is about to enter into a contract
with THE CiTY OF SAN RAFAEL, which contract is entitled AGREEMENT (SUBDIVISION
IMPROVENENTS) and is dated the 2o -l" day of JumG- , 19-17,
and covers the installation of improvements in and/or for the benefit of that
certain subdivision known as Spinnaker Point, Unit I ; and
WHEREAS, Principal is required to secure said contract with a good and suf-
ficient improvement security;
NOW, THEREFORE, if the said Principal shall fully and faithfully perform said
contract and the work and Improvements covered thereunder, including any and all
changes or alterations thereto and shall fully and faithfully maintain and repair
such work and improvements and any and all changes or alterations thereto as set
forth in said contract, then this obligation shall be null and void, otherwise to
remain in full force and effect.
No extension of time granted the Principal and no change or alteration of
said contract, whether made after notice or not, -shall relcascc cr- otherwise affect
the obligation of the
extension, change or alteration. The Surety, by the execution of this bond,
represents and warrants that this bond has also been duly executed by the Principal
with proper authority, and the Surety hereby waives any defense which it might have
by reason of any failure of the Principal to execute or properly execute this bond..
In the event suit is brought upon this bond by THE CITY OF SAN RAFAEL and
judgment is recovered by It, court costs, including reasonable attorney's fees,
shall be an additional obligation of this bond for which Principal and Surety shall
be liable.
This obligation shall be effective as of this date and shall continue In
effect until said contract and any changes or alterations thereto and the maintenance
and repair mentioned above have been performed in full, unless previously released
by THE CITY OF SAN RAFAEL.
Signed and sealed the 24th day of June 1977
SAN RAFAEL CAYES, INC.
By: `, am in, ornes- n- ;Re C
�� Fi it,
and Deposit Compa%y of, 1`_arylanc
PRINCIPAL Gordon L. Greens un, Vice Pres. SURETY
THE FGREGOiNG BOND IS APPROVED AS TO
SUFF I C I ENCY • .
City Engineer
City Manager
THE FOREGO �G BOND IS APPROVED
FORM :..,7 % i
C 1 T%r,-A1T,!Pnay
NOTE TO SURETY COMPANY: The following
fors;( of acknowledgement should be used.
If any other form of acknowledgement is
used, there must be submitted a certi-
fied copy of unrevoked resolution of
authority for the attorney-in-fact.
/VZ
STATE OF )
0F_
(SURETY CO. ATTORNEY-IN-FACT)
SS.
On the _ ay day of Z/
unde signed, a N tart' ublic in an for said County and States fore me, the
r , personally appeared
a rney n -fact of the corporate surety namedktnwn to the within be the
knownrtoed
to be authorized to execute said instrument on behalf of said corporation, known
to me to be the person whose name is subscribed to said instrument as the attorney-
in-fact of said corporation, and acknowledged to me that he (she) subscribed the
name of said corporation thereto as surety, and his (her) own name as attorney-in-
fact and that said corporation executed the same.
Witness my hand and official seal.
(SEAL)
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Notary Public in and f said-Caaflty
and State
My commission exp ires?'Y COMMISSION EXPIRES JULY 1. 1978
BOND REQUIRED BY SECTION 119612 OF THE
CALIFORNIA BUSINESS AND PROFESSIONS CODE Bond No. 600 00 26
Labor and Materials
KNOW ALL MEN BY THESE PRESENTS:
SAN RAFAEL CAYES, INC., a
That we, California corno ation , of San Rafael. California , as
Principal, and Fir3A1JJ-,y and nA Zvi . Co. of Md. , a corporation organized
and existing under the laws of the State of Maryland, and authorized
to transact a surety business in the State of California, as Surety, are held and
firmly bound unto THE CITY OF SAN RAFAEL, County of Marin, State of California, and
unto the hereinafter described contractors, subcontractors and persons renting equip-
ment or furnishing labor or materials to them, in the penal sum of
One Hundred Thousand Dollars ($ 100.000.00 )
lawful money of the United States of America, for the payment of which.sum, well and
truly to be made, 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, said Principal has entered or is about to enter into a contract with THE CITY
OF SAN RAFAEL, which contract is entitled AGREEMENT (SUBDIVISION IMPROVEMENTS) and is
dated the 20TM day of JuNF , 19-77 , and covers
the installation of improvements in and/or for the benefit of the certain subdivision
known as Suinnaker Point. Unit I ; and
WHEREAS, Principal is required to secure payment -to the contractor, his subcontractors
and to persons renting equipment or furnishing labor or materials to them for the said
improvements;
NOW, THEREFORE, if the above Principal pays or causes to be paid all contractors, sub-
contractors and persons renting equipment or furnishing labor or materials to them
for the said improvements, then this obligation shall be null and void, otherwise to
remain In full force and effect.
No extension of time granted to the Principal and no change or alteration in said
contract, whether made after notice or nor, shall release or otherwise affect the
obligation of the Surety hereunder, and the Surety waives notice of any such extension,
change or alteration. The Surety, by the execution of this bond, represents and
warrants that this bond has also been duly executed by the Principal with proper
authority, and the Surety hereby waives any defense which it might have by reason
of any failure of the Principal to execute or properly execute this bond. A �
Signed and sealed this 24th day of June 1977
SAN RAFAEL CAYES, INC.
BY: h-eQ` a<- t^-- ( ddlj
PRINC1P L Gordon L. Greenspu , Vice Pres. SURETY
THE FOREGOING BOND IS APPROVED AS TO
SUFF IENCY:
K
City Engineer
City Manager
THE FOREGOING BOND IS WROVED AS TO
Lambdin, Attorney -in -Fact
and Deposit Company of Maryland
NOTE TO SURETY COMPANY: The following
form of acknowledgement should be used.
if any other form of acknowledgement is
used, there must be submitted a certified
copy of unrevoked resolution of authority
for the attorney-in-fact.
(3/2/72)
STATE OF E)
W )
OF
(SURETY CO. ATTORNEY-IN-FACT)
SS.
On the 04 day of d_ ,. 192-Z, before me, the
under ign d, a Not ry public in aifd for said County and State, personally appeared
�- known to me to be the duly authorized
att ney-in- act of the corporate surety named in the within instrument, known to
me ko be authorized to execute said instrument on behalf of said corporation, known
to me to be the person whose name is subscribed to said instrument as the attorney-
in-fact of said corporation, and acknowledged to me that he (she) subscribed the
name of said corporation thereto as surety, and his (her) own name as attorney-in-
fact and that said corporation executed the same.
Witness my hand and official seal.
(SEAL)
wov
Notary public in and for d y
and State
My commission expiresMY COMMISSIONEz(PifE-S JULY !, 1373
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