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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. -2- 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 -3- 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. -4- 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. -5- 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. -7- 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 �� 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. -10- 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 -11- 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. -2- 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 -3- 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 -4- 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 ($200,000.00). H. Approval of Governmental Agencies. The City and the Subdivider acknowledge that permits and approvals from other governmental agencies may be required for the construction of various portions of the improvements referred to in the Agreement. The Subdivider shall use its best efforts to obtain such permits and approvals and the City shall offer such assistance as it deems appropriate. In the event that any governmental agency refuses to approve or permit any portion of the improvements to be undertaken or completed, the resulting -5- r 0 inability of the Subdivider to undertake or complete such portion of the improvements shall not be deemed a breach of the Agreement, but such inability shall not relieve the Subdivider from any other obligations to construct improvements imposed by the Agreement. '' t Q{ O rt (1 A r4 6 0 z' Li Bond No. 600 00 26 ~(Subdivision) — — — KNOW ALL MEN BY THESE PRESENTS: SAN RAFAEL CAYES, INC., a That we California corporation , of San Rafael California California, as Principal, and Fidelity & Deposit Co. of Md.—, a corporation, organ- ized and existing under the laws Of the State of _ 14aryland , and authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto THE CITY OF SAN RAFAEL, County of Marin, State of California, Obligee, in the penal sura of Two Hundred Thousand Dollars ($ 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�� _ '�•_.'... _ ::. _ : •.. -.. _ � r..• ri. „ ,� _ '' 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) - 2 - 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 - 2 -