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Home My WebLink AboutCC Resolution 14153 (Dominican Townhomes Subdivision)RESOLUTION NO. 14153 A RESOLUTION OF THE CITY OF SAN RAFAEL APPROVING THE FINAL SUBDIVISION MAP, THE SUBDIVISION IMPROVEMENT AGREEMENT AND THE STORMWATER MANAGEMENT FACILITIES AGREEMENT FOR THE DOMINICAN TOWNHOMES WHEREAS, the City Council of the City of San Rafael did on the 16th of July, 2007, adopt Resolution Number 12315 approving an environmental and design review permit (ED06-24) and a tentative condominium map (TS06-01) to demolish existing residential buildings located at 524 Mission Avenue (between Irwin Street and Green Way) in order to construct a new 15 -unit residential townhouse condominium development with associated parking and landscaping (APN: 014-013-05); and WHEREAS, the applicant has submitted a final Subdivision Map for said subdivision, entitled "The Dominican Townhomes" and supporting documents; and WHEREAS, the City Engineer has examined the Subdivision Map and supporting documents and has determined that they comply with the requirements of the approved tentative map and the requirements of the California Subdivision Map Act; and WHEREAS, a condition of approval of the tentative condominium map requires the applicant to enter into a Subdivision Improvement Agreement and Stormwater Management Facilities Agreement for the property; and WHEREAS, the City Engineer and City Attorney have examined the Subdivision Improvement Agreement and Stormwater Management Facilities Agreement, and are recommending that the agreements be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that the Subdivision Improvement Agreement and Stormwater Management Facilities Agreement included in the staff report to the City Council are hereby approved, subject to final approval by the City Attorney as to form, and the City Manager is authorized to execute said Agreements. BE IT FURTHER RESOLVED by the City Council of the City of San Rafael that the final Subdivision Map for "The Dominican Townhomes" is hereby approved, conditioned upon submittal by the applicant of the signed Subdivision Improvement Agreement, Stormwater Management Facilities Agreement and any required bonds, documents and/or fees. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Clerk, upon receipt of the fully -signed Subdivision Improvement Agreement, Stormwater Management Facilities Agreement and all other required documents and fees, to record the final Subdivision Map in the Official Records of the County of Marin. I, ESTHER C. BEIRNE, 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 5th day of July, 2016, by the following vote to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey ESTHER C. BEIRNE, City Clerk File No.: 15.08.265 City of San Rafael • California Subdivision Improvement Agreement THIS AGREEMENT is made and entered into by and between the City of San Rafael (hereinafter referred to as "City"), and 524 Mission Street, LLC (hereinafter referred to as "Subdivider"), RECITALS: Subdivider has presented to City for approval a final map entitled: "THE DOMINICAN TOWNHOMES, 15 CONDOMINIUMS ON ONE LOT - 0.6 ACRES, OF THE LANDS OF 524 MISSION STREET LLC". The map has been filed with the City Engineer of the City, 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 or private 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 required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits 01'Subdivision, which plans and specifications are now on file in the office of the City Engineer of the City. This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 15 of the San Rafael Municipal Code. 1. Performance of Work All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved plans and specifications for said work on file in the office of the City Engineer of City, which said plans and specifications and standards are hereby referred to and adopted and made a part of this agreement. In case there are not any standard specifications of City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California Department of Transportation. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City, who shall endorse his approval thereon, all of the following work and improvements related to the Subdivision as shown on the improvements plans and drawings entitled: "PUBLIC IMPROVEMENT DRAWINGS FOR THE DOMINICAN TOWNHOMES" and subject to the conditions, requirements and recommendations as set forth by the San Rafael City Council Resolution No. 12315 adopted at the regular meeting of the City Council held on the 1611" of July 2007. Subdivider shall also do all work and furnish all materials which, in the opinion of the City Engineer and on his order, are necessary to complete the improvements in accordance with the plans and specifications on file as herein before specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Soils Engineering Contractor It is mutually agreed that the City shall determine the soils engineering firm to perform required soils testing and investigation, at Subdivider's sole expense. during the construction of public improvements. Subdivision Agreement • 1 3. 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 therefore, approved by the City Engineer and upon which he has endorsed his approval, and to the satisfaction of the City Engineer. 4. Work. Time for Performance City hereby fixes the time for the completion of the Improvements to be within two (2) vears from the date when this agreement is approved by the City Council. At least fifteen (15) calendar days prior to commencement of work here under. Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for coinmencement thereof, so that the City Engineer shall be able to provide services for inspection. 5. Time is of Essence - Extension Time is of the essence of this agreement; provided that in the event good cause is shown therefore, the City Council may extend the time for completion of the improvements here under. 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. 6. 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 damaged, 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 here under, whether such property be owned by the United States or any agency thereof, or the State of California, or any public agency or political subdivision thereof, or by the City or by any person whomsoever, or by any combination oi'such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer. 7. Utility Deposits. Provision Subdivider shall make all deposits legally required by each public utility corporation involved in the provision of services for the subdivision for the connection ofany and all public utilities to be supplied by such public utility corporation within the subdivision, and shall ensure that utilities are available to said subdivision prior to final occupancy thereof. 8. 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 tares required by law. 9. 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. 10. Inspection by City Subidvider shall at all times maintain proper facilities, and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay overtime incurred by City inspectors whenever the Subdivider elects to work on Saturday, Sundays, and holidays, he shall also pay overtime incurred by City Inspector when Subdivider works any overtime hours. The inspection of work shall not relieve the Subdivider of any of his obligations to complete the improvements as prescribed. Defective work shall be made good and unsuitable materials may be Subdivision Agreement • 2 rejected, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked and accepted by the City Engineer. 11. Improvement Security Prior to the tiling of the final map by the City Engineer, the Subdivider shall present to and file with the City of San Rafael a surety company bond in the sum of Two Hundred Ci2hty Thousand Dollars ($280,000) issued by a company duly and regularly authorized to do a general surety business in the State of California conditioned upon the faithful performance of this agreement and by its terms made to inure to the benefit of the City of San Rafael. The surety on said bond and form thereof shall be satisfactory to the City Attorney. 12. Alternate Improvement Security The Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 1 I above, in lieu of a surety bond, cash in the amount of said required bond with the Finance Director of the City as a guarantee for the faithful performance of this agreement. The City Finance Director may disburse progress payments to the Subdivider on his order as the wort: progresses; provided first that the Subdivider shall submit a demand for a progress payment and the demand for payment and the amount is approved, in writing, by the City Engineer of the City. No progress payment allowable here under shall be made for more than ninety percent (90%) of the value of any installment of wort: and not before each installment of work shall have been completed to the satisfaction of the City Engineer. The final payment for the work to be performed under this agreement shall be made 35 days after formal acceptance of the subdivision by the City upon determination of the City Engineer that all improvements required by this agreement have been completed to his full and complete satisfaction. As the herein above-mentioned deposit is a guarantee for the faithful performance of this agreement, the City may, upon a breach, default, or violation of any of the provisions of this agreement resort to the herein above- mentioned deposit for the purposes of taking over the work and prosecuting the same to completion. Upon breach, default or other violation of this agreement requiring the city to take over the work, the City Finance Director shall release, to the City Engineer, upon written demand of the City Engineer, such amount or amounts of the deposit remaining as the City Engineer estimates is reasonably necessary to complete the work. In lieu of the surety bond or cash as required by Title 15 of the San Rafael Municipal Code, an instrument or instruments of credit in the amount of said required bond may be deposited with City upon condition the financial institution furnishing the credit pledges to the City it has the funds necessary, that they are on deposit as guarantee for payment of the public improvements required and that the said funds are held in trust for the purposes set forth in this agreement. 13. Labor and Material Bond (50% of Improvement Cost) The Subdivider shall furnish security in the amount of One Hundred Fortv Thousand Dollars ($140,000) securing payment to the contractors, subcontractors, persons renting equipment or furnishing labor or materials for the public improvements required to be made by this instrument. The security may be cash, surety bond, or instrument of credit as permitted by the Subdivision Map Act of the State of California. Such security shall be retained by the City for a period of ninety (90) days following acceptance of the improvements by the City or for such other period as may be required or permitted pursuant to Government Code provisions governing the release of labor and material bonds for subdivision improvements. 14. Monumentation Bond N/A 15. Maintenance Bond N/A Subdivision Agreement • 3 16. Hold Harmless Agreement Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider or Subdivider's contractors, subcontractors, agents, or employees of the Subdivider's contractors. subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors arising out of Subdivider's performance of its obligations or conduct of its operations under this Agreement. Subdivider agrees to, and shall, defend, indemnify and hold harmless the city and its elective and appointive 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. A. 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 of the deposit with City of Subdivider of any of the insurance policies described in paragraph 18 hereof. B. 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, regardless of whether or not City has prepared, supplied or approved of plans, specifications, or either, for the subdivision, and regardless of whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages. C. Subdivider agrees that the use of any and all streets and public improvements herein above required to be constructed shall be, at all times prior to the final acceptance of the subdivision by the City, the sole and exclusive risk of the Subdivider. The City may, at its sole option, issue permission to occupy all or a portion of the Public Improvements prior to Final Acceptance of said Public Improvements. The issuance of any permission to occupy such Public Improvements located within the said subdivision shall not be construed in any manner to be an acceptance and approval of any or all of said streets and improvements in said subdivision, or that stage of development of said streets and improvements represented by their conditions at the time of issuance of said occupancy permit or permits, or any stage of their development reached between the period commencing with the issuance of any occupancy permit, and the final acceptance of said subdivision. 17. Protection of Public Safety The Subdivider is obligated to protect the public safety during all phases of the work, and shall erect and maintain all necessary barricades, signs and warning devices necessary to ensure public protection. In the event that City discovers a condition on the site which in its determination constitutes an immediate danger to public safety, and Subdivider cannot respond at once, City may erect any barriers, signs and warning devices it deems necessary. In such event, Subdivider shall pay for the labor of City's crews as specified on the latest fully -burdened rate schedule at the time the work is performed per man; plus the cost of any materials used and a reasonable fee for use of any barricades found necessary. In no event shall Subdivider pay less than one hour minimum per man assigned if City takes action pursuant to the paragraph. 18. Insurance A. During the term of this Agreement. Subdivider shall maintain, at no expense to City, the following insurance policies: Subdivision Agreement • 4 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate. for death, bodily injury, personal injury, or property damage. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. Worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect Subdivider and City against all liability for injuries to Subdivider's officers and employees. Subdivider's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. B. The insurance coverage required of the Subdivider in subparagraph A above shall also meet the following requirements: 1. The commercial general liability insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policy for both ongoing and completed operations. 2. The additional insured coverage under the commercial general liability insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in the Subdivider's policy shall be at least as broad as ISO form CG20 01 04 13. 3. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the City. 4. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 5. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 6. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) belore CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits ofcoverage of any insurance policy or proceeds available to the named insured; whichever is greater. Subdivision Agreement • 5 19. Repair or Reconstruction of Defective Work If, within a period of two years after final acceptance of the work performed under this agreement, any structure or part of any structure furnished 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 cost to City, repair or replace or reconstruct any deflective or otherwise unsatisfactory part or parts of the work or structure. Liability under the contracts of surety or guarantee referred to in paragraphs 1 1 and 12 of this agreement shall be released upon the completion of all work and public improvements to the satisfaction of the City Engineer as provided and permitted by the Subdivision Map Act of the State of California. 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 the City the actual cost of such repairs plus fifteen percent (15%). 20. 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's obligations under this agreement. 21. Cost of Engineering, Inspection and Other Fees Subdivider shall pay to the City all engineering and inspection costs as required by Section 15.1 1.040 of the San Rafael Municipal Code. Subdivider shall also pay overtime incurred by the City Inspector whenever the Subdivider elects to work overtime or on Saturday, Sunday and Holidays. Final Map and Improvement Plan Check Fees $1,500.00 Construction Inspection Fees(Estimated) $2,000.00 Total $3,500.00 Amount Previously Paid -$3,285.00 Amount Due * $215.00 * The amount due shall be forwarded to the City of San Rafael prior to the recordation of the Final Map. 22. 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 ensure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or it' Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit 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 may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider. 23. Breach of Agreement. Performance by 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 improvements herein specified; provided however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract and does not commence performance City may elect to 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 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 therefore. The Subdivision Agreement • 6 Subdivider shall be liable to the City for any excess costs, claims, damages, liability, or expenses of whatever nature or kind, direct or indirect, including reasonable attorney fees which are directly or indirectly Caused by the execution and enforcement of this agreement. 24. Binding of Agreement This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal representatives, executors, administrators, successors in office or interest, and assigns. 25. Legal Fees In the event that legal action is necessary to enforce any provision of this agreement, the prevailing party shall be entitled to reasonable attorney fees and legal costs. f/f Dated this %L 4f day of lunecu k -N CITY OF SAN RAFAEL: x�int'x �2 x� icj Jim S h t z fta City Manager ATTEST: fZ 54 1--1a Esther C. Beirne City Clerk APPROVED AS TO FORM: 4g--+ PEE✓ Rober! F. Epstein City Attorney APPROVED AS TO CONTENT: Kei1i7 McGolran Assistant Public Works Director/City Engineer ,'0/'� SUBDIVI R: Bv:r Title: Subdivision Agreement • 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On August 12, 2016 before me, Dalia Nieto, Notary Public (insert name and title of the officer) personally appeared Paras Sharma who proved to me on the basis of satisfactory evidence to be theon — hose name(, scribed to the within instrument and acknowle d t m that �o f / ey executedfhe same in i htj�f'eir authorized capacity(), and that by hist it signature( on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature LIuVt7ti" �W%� DALIA NIETO Commission # 2047836 Notary Public - California z Marin County D M Comm. Expires Nov 3, 2017 SURETY PERFORMANCE BOND Bond Number: 070023055 Premium: $5,880.00 2 year term KNOW ALL MEN BY THESE PRESENTS, that we 524 Mission Street, LLC Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph. (610) 832-8240 , as principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto the Citv of San Rafael , as obligee (the "Obligee"), in the penal sum of Two Hundred Eighty Thousand & 00/100 ----------------------------------- ----------- --- — --------- — ---- — --- — --- — ----- ---- ---- ----- — --- — ------------------------------------------------------------ Dollars ($280.000.00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement, dated the 12th day of Auoust , 2016 entered into a contract (the "Contract") with the Obligee for The Dominican Townhomes. 15 Condominiums on one lot - 0.6 acres. of the lands of 524 Mission Street, LLC NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or 1.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefore to the Obligee; or b. Deny liability in whole or in part and notify the Obligee citing reasons therefore. LMIC-5100 Page 1 of 2 Rev. 3/12 2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term or condition of the Contract. 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal ceased to work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety Law Department at the above address. DATED as of this 9th day of January 2017 WITNESS / ATTEST ZFJi'lVA= Iq 524 Mission Street, LLC (Prin By:yal— (Seal) NameS'1.1.,_ ,... Title: n awitr LIBER M UAL INSURANC pMPANY t � By al) Afhrney-i -act Sta ;y M. Clinton LMIC-5100 Page 2 of 2 Rev. 3/12 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Rower of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7448363 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Catherine A. Pinney; K. Dixon Wright; Loretta Lange; Lynn Ellen Patton; Michael Landucci; Nancy L. Wallis: Natalie Ann Horder; Nicki Moon; Stacy M. Clinton all of the city of Petaluma state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and sha!i {I be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of August 2016 4.PNO American Fire and Casualty Company 13 Cgy yJP��'vy NSt, j Jo`J �H �AvrF The Ohio Casualty Insurance Company N avok. Ase, N o z 8•- Liberty Mutual Insurance Company m 1912 a 1906 0 a 1919 n o r s 199 West merican Insurance Company b 2 a a y ? /p•�/y////�/ D 0 y H',,,u�v.�ra�ri° ��3sq�HU'� !_ �� •:JIAnP F iAti��l /-- L .� 0) t 1 * * * By' A C STATE OF PENNSYLVANIA ss David M. Carey�Assistant Secretary M COUNTY OF MONTGOMERY r- 0 pt On this 10th day of August 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v w m Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,W p (a execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E a> > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O a -a 5P Pgsr COMMONWEALTH OF PENNSYLVANIA/tet /Aw) i 40'' Q M NwE� F!� Not lla- Sea. /"' �"�' ��%�'�""'�`' C 'N ti� u ri y Teresa Paslella. Notary Public By: O Oi of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public y = a`P My Commission Expires March 29, 2017 L.. 3 d OLO��P ��G Member, Pennsylvania Association of Notaries O E 4.- N qqy PV8 d m C ` This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance t CD L, Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: rn m0) ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c S to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, y O c acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective =p S E N powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '� d p executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > a the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. _ le a. N c ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 00 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, L. M O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their C co Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of January 20 17 4. PNI) CAS Gq JPY INSURq JPS Nu Ug91 CPN INSUggt �oNYo.2irG �� j �V Hq r4 rF` mac` � YYOHgr�(^ a 1906 p o 1919 > 1912 ° ¢ 1991 By: 3 C _° �� w Gregory W. Davenport, Assistant Secretary � `!f'rf4mecF°aiD '�Ssn(MJSt� 122 of 200 LMS_12873_122013 CALHIFORNIA ALL-PURP,�SE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Sonoma ) On January 9, 2017 before me, Catherine A. Pinney, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stacy M. Clinton Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1j CATHERINE A. PINNEY Notary Public - California a='n•,,, -_ Sonoma County i Commission # 2148404 My Comm. Expires May 3, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL - Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01--I x• c� c v�cww �cw w� c� w� c�c� c s v � c� cw� cw�ctic�c�cw�t�c�c�c c cmc t�c� c c�c� ©2014 National Notary Association - www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On January 10, 2017 before me, Dalia Nieto, Notary Public (insert name and title of the officer) personally appeared Paras Sharma who proved to me on the basis of satisfactory evidence to be the p on hose names/ e �er cro the within instrument and acknowl ed to me that e/ I/t y executed the me in rauthorized capacity( and that b his he heir sign ure on the instrument the pon or the entity upon behalf of which the p rson acted, exec ted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DALIA NIETO WITNESS my hand and official seal. commission # 2oa7a36 -m^ Notary Public - California v Z Marin County My Comm. Expires Nov 3, 2017 Signature N i (Seal) Liberty mutual SURETY PAYMENT BOND Bond Number: 070023055 Premium: included in performance bond KNOW ALL MEN BY THESE PRESENTS, that we 524 Mission Street. LLC Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph. (610) 832-8240 , as principal (the "Principal"), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto the Citv of San Rafael as obligee (the "Obligee"), in the penal sum of One Hundred Fortv Thousand -------- —--- --- ---------------------------------------------------------------------------------------- Dollars ($140.000.00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the 12th day of August , 2016 entered into a contract (the "Contract") with the Obligee for The Dominican Townhomes. 15 Condominiums on one lot - 0.6 acres. of the lands of 524 Mission Street. LLC NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3 No suit or action shall be commenced hereunder by any Claimant: (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety. The Principal may be served at any place where an office is regularly maintained for the transaction of business, or in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. The Surety may be served to the attention of The Surety Law Department at the above -listed address. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. LMIC-5200 Page 1 of 2 Rev. 03/04 (c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevant law) following the date on which the Subcontractor provided the last labor and/or materials to the project. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's contractual defenses, including but not limited to pay -if -paid provisions, whereby payment to the Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations on amounts due under the contract between Principal and Claimant. 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such improvement, whether or not a claim for the amount of such lien be presented under and against this bond. DATED as of this 9th day of January , 2017 524 Mission Street, LLC (Prin By: (Seal) Name: air S�Ar Title: "c, y s LIBERT UT AL INS::4 U ANCE O'Opfi ( t By: 1) Attorn y -in -Fac l Stacy . Clinton LMIC-5200 Page 2 of 2 Rev. 03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Thi§ Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7448364 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company s a corporation du y organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organ zed under the aws of the State of Indiana (herein collective y called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Catherine A. Pinney; K. Dixon Wriqht; Loretta Lanqe; Lynn Ellen Patton; Michael Landucci; Nancy L. Wallis; Natalie Ann Horder; Nicki Moon; Stacy M. Clinton all of the city of Petaluma state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on 'ts behalf as surety and as its act and deed, any and all undertak'ngs, bonds, recognizances and other surety obligations, in pursuance of these presents and shat be as b nding upon the Companies as f they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of August 2016 j, N0 CAS �V IN �,1NSUq NINSUq American Fire and Casualty Company a The Ohio Casualty Insurance Company N a 1906 0 0 1919 > 1912 V ° 1991 ° Liberty Mutual Insurance Company c �ts _o West mJeericcaann/Insurance Company �r3stcHU'.'F'�� l O * t * * * * By. O STATE OF PENNSYLVANIA ss David M. Carey�Assistant Secretary M M COUNTY OF MONTGOMERY C M dm On this 10th day of August 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v v d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, AN p 3 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m E �p C a`> > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O a t0 P PAS COMMONWEALTH OF PENNSYLVANIA ' O •oo 111 Nw�T��` Notarial Seal ra M C '— �� E, ti v Teresa Pastella, Notary Public B O d M y of Plymouth Twp., Montgomery County y L O ` Teresa Pastella, Notary Public d C ` �\P My Commission Expires March 28, 2017 3 M I OOd P 'YpT �� Member, Pennsylvania Association of Notaries O E RYILIO C p This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance •(A O 6Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: =.r c CDM ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C 4; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, y O acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective ='O E y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > •O L. the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. .Oc -4 +, N M C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, M O O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their c o? Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O II? Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of January 20 17 p10 CAS ZV IN5(, 1N5 up NINSUq �p P,��ac,rfL9(< �JP�owvo2; ��9?� jJ�,pPUrcq ��'1C� �Q��yoYYUq,�,�1CF r a 1906 p o 1919> 1912 0 ¢ .1941 o BY: s D o 0. _° 4 ao y_ a Gregory W. Davenport, Assistant Secretary',ran,^:,.' .J��trn�.vsm• ,D �Gd, `t *� y �a J ncnn,, � :•:Dina 123 of 200 LMS_12873_122013 CALIFORNIA ALL-PURPOSE ACIKMOWLEDG6 ENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Sonoma ) On January 9, 2017 before me, Catherine A. Pinney, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stacy M. Clinton Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CATHERINE A. PINNEY .; :.. Notary Public California Sonoma County z `�i,s� , • Commission # 2148404 " My Comm. E pires May 3, 2020 r v w^tir r. n q• •�'• w• • v r Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Pubic _ ..... - OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: N-161 ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On January 10, 2017 before me, Dalia Nieto, Notary Public (insert name and title of the officer) personally appeared Paras Sharma /- who proved to me on the basis of satisfactory evidence to be the onxhose namWe le scribed to the within instrument nd acknowle d to ��}}e tha he/ e/t y executedme in Ll r/t it authorized capacity(i, and that b is h� /t�'ieir sign ure( on the instrument the person or the entity upon behalf of which the pers6n( acted, exec ed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DALIA NIETO Commission # 2047836 WITNESS my hand and official seal. z =m Notary Public - California z ' Marin County D My Comm. Expires Nov 3, 2017 � v w � ti 'rr"y..p. y.�rL .�1n li'•V^ � o .ir . Y Signature (Seal) CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Kevin McGowan Extension: 3389 Contractor Name: 524 Mission Street, LLC (Subdivision Improvement Agreement) Contractor's Contact: Paras Sharma Contact's Email: Click here to enter text. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor C'l�c�� yj-g to EX en er a ate. b. Email contract (in Word) & attachments to City Click here to Atty c/o Laraine.Gittens@cityofsanrafael.org APPAte. 111 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager Clic. lic .e to 4. c�Eiler,�A b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ('ri I 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date 4 Project Manager When necessary, * contractor-siened agreement N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval Click here toenter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City I, 8/23/16 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed �( (J agreement I k-0 7 City Attorney Review and approve insurance in PINS, and bondsI— (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Record Without Feeg Per GC 27383 and When recorded mail to: RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: Esther Beirne, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 95415-1560 Assessor's Parcel Nos. 014-013-05 t itllllfllllllllllllllllllllllllllllllllllll 2017-0006320 Recorded I REC FEE 0.00 Official Records I County of I COHFORIIED COPY 0.00 Barin I RICHARD Il. BENSON I Assessor -Recorder I County Clerk I I 08:22AII 14 -Feb -2017 I Page 1 of 6 STORMWATER MANAGEMENT FACILITIES AGREEMENT FOR THE DOMINICAN TOWNHOMES This Agreement is entered into as of the 2 474 day of January, 2017, by and between the CITY OF SAN RAFAEL, a charter city (hereinafter "CITY"), and 524 Mission Street, LLC (hereinafter "OWNER"). WHEREAS, OWNER owns certain real property commonly known as 524 Mission Avenue, San Rafael, bearing Assessor's Parcel No. 014-013-05, also commonly known as "The Dominican Townhomes" for which the final subdivision map is on file with the City Clerk, until recordation of the final subdivision map is completed (the "Property"); and WHEREAS, the conditions of approval for a development project on the Property, as contained in Resolution 12315, require OWNER to construct certain stonnwater management facility improvements on the Property, the approved plans for which are titled "The Dominican Townhomes" dated May 2016; which are on File with the Department of Public Works of the CITY, and collectively referred to hereafter as the "Stoi nwater Facilities"; and WHEREAS, the aforementioned conditions of approval of the development project also required OWNER to maintain the Stormwater Facilities in perpetuity, and to enter into an agreement with CITY specifying the scope of OWNER'S maintenance obligations and the rights of CITY with respect to enforcement of OWNER'S maintenance obligations. NOW THEREFORE, the parties agree as follows: 1. At its sole expense, the OWNER shall construct the Stormwater Facilities in accordance with the approved plans on file with the CITY. 2. At its sole expense, OWNER shall use its best efforts to diligently and adequately maintain the Stormwater Facilities, in perpetuity, in a manner assuring peak performance at all times, and shall make such changes or modifications, subject to CITY approval, as may be reasonably necessary for the Stor nwater Facilities to continue to operate as originally designed and approved. 3. At its sole expense, OWNER shall inspect the Stor nwater Facilities as often as required, but in any event at least once a year, and shall provide CITY with an Annual Inspection Report on or before the anniversary of this Agreement, in a form approved by CITY, which describes the condition and performance of the Stormwater Facilities. 4. OWNER, in removing and disposing of any materials as part of its maintenance of the Stonnwater Facilities, shall comply with all federal, state, and local laws. Upon CITY's written request, OWNER, at its sole expense, shall provide CITY with documentation identifying any materials removed in connection with maintenance of the Stormwater Facilities, their quantity, and their destination. 5. OWNER agrees that CITY, its employees, contractors, and agents, may enter upon the Property, upon twenty-four (24) hours advance written notice, for any duration of time reasonably necessary to inspect the Stormwater Facilities and do any related testing. CITY agrees that every effort shall be taken to minimize or avoid interference with OWNER's use of the Property in connection with such an inspection. 6. In the event OWNER fails to satisfactorily maintain the Stormwater Facilities as required under this Agreement, and OWNER fails to cure such failure within thirty (30) days after written notice to cure is given by CITY, CITY, its employees, contractors, and agents, may enter the Property to cause any maintenance as may be necessary to be done on the Stormwater Facilities, and may thereafter bill OWNER for the entire cost and expense of such maintenance, including administrative costs and interest, to the maximum amount permitted by law, from and after 30 days from the date the maintenance expense bill is mailed by CITY to OWNER. In the event any such maintenance expense bill is not paid within said 30 days, CITY may initiate a civil action to recover the amount owed, and the prevailing party in such action shall be entitled to recover its costs, including reasonable attorney's fees. CITY also shall be entitled to cause a lien for any such unpaid maintenance expense bill to be recorded against the Property. In addition, CITY shall be entitled to have the unpaid amount of the maintenance expense bill placed as a special assessment on the next regular tax bill levied against the Property, after which such assessment shall be collected in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedures under foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes. 7. CITY may require OWNER, from time to time, to post security in a form, amount, and for a time period satisfactory to CITY to guarantee performance of the obligations stated herein. Should OWNER fail to perform the obligations under this Agreement, CITY may, in the case of a cash bond, act for OWNER using the proceeds from such cash bond, or in the case of a surety bond, require the surety to perform the obligations of this Agreement. 8. OWNER shall indemnify, hold harmless, and defend the CITY from and against any and all claims, demands, suits, liabilities, losses, damages and payments, including reasonable attorneys' fees, claimed or made against or incurred by CITY arising from OWNER's construction, operation or maintenance of the Stormwater Facilities. However, to the extent that liability is caused by the active negligence or willful misconduct of CITY, OWNER's 2 indemnification obligation shall be reduced in proportion to the CITY's share of liability for the active negligence or willful misconduct. 9. This Agreement shall be binding upon the parties and their administrators, representatives, successors and assigns, and shall inure to the benefit of the parties, and each of them, and to their administrators, representatives, successors and assigns. 10. This Agreement shall be recorded in the Office of the Recorder of Marin County, California, at the expense of OWNER, and shall constitute notice of the obligations herein set forth, which shall run with the land and shall be binding upon all of the successors and assigns in title to the Property. 11. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows, except that notice also may be given to OWNER at the address(es) shown on the records for the Property maintained by the Assessor -Recorder of Marin County, California: TO CITY: Public Works Director Public Works Department City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO OWNER: 524 Mission Street, LLC. 448 Ignacio Blvd., Box 504 Novato, CA 94949 IN WITNESS WHEREOF, the parties have affixed their signatures as of the date first hereinabove written. CITY OF SAN RAFAEL r By: Jimchu , City Man r 3 ATTEST: Esther Beirne, City Clerk APPROVED AS TO FORM: Robert Epstein, City Attorney OWNER 524 Miss' S t, Y,C. By: Paras Sharma, Managing Member 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On :2— 1 /3/ 2before me, C •�c� �PNL�, /vDi�7Q y �r�� c • (insert name and title of the officer) personally appeared � jh2— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s6/are subscribed to the within instrument and acknowledged to me thai(1j3Vshe/they executed the same in is her/their authorized capacity(ies), and that by i her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature '-55� - A'`'PL" - (Seal) E. BEIAE t COMM. #2112433 z Notary Public . California o 191 Marin County My Comm. Expires .lune 10, 2019 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On January 12, 2017 before me, Dalia Nieto, Notary Public (insert name and title of the officer) personally appeared Paras Sharma who proved to me on the basis of satisfactory evidence to be the p9MpnKwhose namek5 is/ e s scribed to the within instrument and acknowle t m that e/ Pe/tlpey executed the s me in is/ r/th it authorized capacity((os), and that b his/ t it signature(s) on the instrument the person6s',or the entity upon behalf of which the p son acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DALIA NIETO Commission # 2047836 Notary Public - California Marin County My Comm. Expires Nov 3, 2017 Signature (Seal) CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Kevin McGowan Extension: 3389 Contractor Name: 524 Mission Street, LLC (Stormwater Management Facilities Agreement) Contractor's Contact: Paras Sharma Contact's Email: Click here to enter text. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor CtMl� /e g to El en er a ate. b. Email contract (in Word) & attachments to City Click here to Atty c/o Laraine.Gittens@cityofsanrafael.org eXP/lAte. 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager c to t Clir, l/'er b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor �' i '; I to I 'Q61im &- 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor-siened agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval Click here toenter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 8/23/16 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official + J� /K 9 City Clerk Attest signatures, retains original agreement and v forwards copies to Project Manager I 5 - / I ;4 , r � a e MAIN.MNIV NJ — A A 8! Ir ! m .•,I �' �' + �a + ' ., � 1A 1 � it ' ra 1 �� (�, ¢, k' L • A1= 1 Al m � .3ar, xcs..m .$ � .. 5 > Y v i >n G I� =s` Z I A 1A'; ,, ➢ Ail ; A � �F I e w 6 ;:. � ir;. a .: �— m � .: •� a; — 11 ,�, �. i' � I � r .. ' ,� ,• � - 911 : e"'. s Fi t it