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HomeMy WebLinkAboutPW Loch Lomond Marina Subdivision Map; Phase IDepartment: Public Works Agenda Agenda Item No: 3*9 g Date: January 21, 2014 Prepared by: 4,1 City Manager Approva?l-)/U4h- Director of Public Works File No.: 15.08.09 SUBJECT: A Resolution of the City of San Rafael approving the Subdivision Map and the Subdivision Improvement Agreement for the Village at Loch Lomond Marina — Phase I RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the Subdivision Map and the Subdivision Improvement Agreement for the subject project. BACKGROUND: At the regular meeting of August 6 th , 2007, the City Council approved this subdivision by approving the Vesting Tentative Map and adopting Resolution 12332. The subdivision map and the proposed improvement plans have been reviewed and approved by the City Engineer. This property is being subdivided in two phases. The first phase designates the new main roadway into the subdivision and includes all the utility mains and infrastructure known as the backbone for the development. The attached map and subdivision improvement agreement addresses this first phase. The second phase will designate the subdivision of the individual lots. The developer has submitted preliminary maps and information for this second phase of the lot development which is currently under review. On September 9, 2013, the City issued Grading Permit 11173-13 which allowed the developer to install the sub -grade drainage systems called "Wicks", coupled with additional soil surcharge, which allows the sub -base to consolidate and sustain the development weight. The next step in the construction, following the recordation of the map and execution of the subdivision agreement, is to start the construction of the main roadway and backbone infrastructure. This work should begin in the spring of 2014. In addition, the breakwater work will begin in the summer 2014 depending upon permitting constraints. The construction of the new homes within the subdivision cannot occur until the individual parcels are developed with the execution of the phase 2 map, which we anticipate bringing to your Council in the next two months. In addition, the actual construction of these new structures cannot occur until the sub- soil has been properly drained and compacted which takes time even utilizing the wick system in place. ANALYSIS: The subdivision map is in conformance with the Vesting Tentative Map and thf1d Subdivision Map Act, and the improvement plans have been designed in compliance with the City of Sa Rafael standards to the satisfaction of the City Engineer. The applicant has submitted a propose Subdivision Improvement Agreement as a condition of approval of the Subdivision Map. The Cil :council Meefing: Dilsposiifion: vr�(CA;__ L&� I * SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page. 2 Council must take action to approve the Subdivision Map, authorize the City Manager to sign the Subdivision Improvement Agreement, and authorize the City Clerk to record the map upon receipt of the signed Subdivision Improvement Agreement and related bonds, documents and fees. The City Engineer also recommends including associated construction work on the breakwater area in relation in the subdivision improvement agreement. III Enclosures (3) 1. Subdivision Improvement Agreement 2. Resolution 3. Subdivision Map (Available at the City Clerk's office) A RESOLUTION O O 1 RAFAEL APPROVING iii SUBDIVISION 1 i AND SUBDIVISION iiO AGREEMENT FOR THE VILLAGE 1 LOCH OOD MARINA PHASE WHEREAS, the City Council of of San Rafael • on August • 2007 Resolutionadopt • +err i master permit and design p *t (ED04-063) and Vesting Tentative Map (TM04-001) for The Village at Loch ermi Lomond Marina Development located at I 10 Loch Lomond Drive and Point San Pedro Road 016-070-020, 030 0409 050i.i 009 -141-050; 009-142-070); WHEREAS, the applicant has submitted a Subdivision Map for said subdivision, #C1,ntitled "Map of The Village at Loch Lomond Marina — Phase F and supporting tocuments . proposed Improvement i ii • nt; 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 vesting tentative map and the requirements of the California Subdivision Map WHEREAS, the City Engineer, and City .Attorney have examined the proposed. Subdivision Improvement Agreement and are recommending that it be approve�LM* City Council, iiii i Iiii a San Rafael thatAgreement includedreport approved,the City Council is hereby subject to final approval form, and the City Manager is authorized to execute said Agreement. that the "Subdivision Map -The Village at Loch Lomond Marina — Phase F is hereby approved, conditioned upon submittal by the applicant of the signed��*�� Improvement 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 and all other required documents and fees, to record the Subdivision Map in the Official Records of the County of Marin. 1, 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 21 st day of January, 2014, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips 1111ii Iiii1l, —guy Im 11, 1 1 Ila eA ,aj*r2 ESTHER C. BEIRNE, City Clerk 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 Marina Village Associates LLC (hereinafter referred to as "Subdivider"). RECITALS: ' Subdivider has presented to City for approval a parcel 'Map entitled: "MAP OF THE VILLAGE AT LOCH LOMOND MARINA PHASE I 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 of 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: "IMPROVEMENT PLANS, THE VILLAGE AT LOCH LOMOND MARINA — PHASE F and "LOCH LOMOND MARINA BREAKWATER IMPROVEMENTS" and subject to the conditions, requirements and recommendations as set forth by the San Rafael City Council Resolution No. 12332 adopted at the San Rafael City Council on the 6thof August 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 during the construction of public improvements. Subdivision Agreement - I 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) years 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 commencement thereof, so that the City Engineer in writing of the date fixed by Subdivider for commencement 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 of 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 of any 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 taxes 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. I I 10. Inspection by City Subdivider 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 Subdivision Agreement - 2 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 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 filing of the parcel 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 Five Million Dollars ($5,000,000) 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 11 above, in lieu of a surety bond, cash in the amount of said required bond with the City Treasurer of the City as a guarantee for the faithful performance of this agreement. The City -Treasurer may disburse progress payments to the Subdivider on his order as the work 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 work 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 Treasurer 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 Two Million Five Hundred Thousand Dollars ($2,500,000) 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 Subdivision Agreement - 3 15. Maintenance Bond The subdivider shall maintain all infrastructure installed including but not limited to the items shown on the plans titled "IMPROVEMENT PLANS, THE VILLAGE AT LOCH LOMOND MARINA — PHASE I" and "LOCH LOMOND MARINA BREAKWATER IMPROVEMENTS". The subdivider shall be responsible for all utility cost for the improvements and maintenance including but not limited to water, and electricity until such time as, in the opinion of the Public Works Director, there is sufficient funding in the Mello -Roos District for Community Facilities District No.2 (Loch Lomond Marina Development, I 10 Loch Lomond Drive) to support all maintenance costs. 16. Hold Harmless Agreement I 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 asfromclaims 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. 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 9 peci ied on the latest weighted 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. Subdivision Agreement - 4 18. - 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 defective or otherwise unsatisfactory part or parts of the work or structure. Liability under the contracts of surety or guarantee referred to in paragraphs 11 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%). 19. 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. 20. Cost of Engineering, Inspection and Other Fees Subdivider shall pay to the City all engineering and inspection costs as required by Section 15.11.040 of the San Rafael Municipal Code and condition number 49 of City Council Resolution No. 12332 requires the subdivider to pay all fees shown below. Subdivider shall also pay overtime incurred by the City Inspector whenever the Subdivider elects to work overtime or on Saturday, Sunday and Holidays. Parcel Map and Improvement Plan Check Fees $11,924.00 Construction Inspection Fees (Estimated) $90,1000.00 Total $1011924.00 Amount Previously Paid -$2000.00 Amount Due *819924.00 * The amount due shall be forwarded to the City of San Rafael prior to the recordation of the Parcel Map. Condition 44 of the Conditions of Approval requiring a $ '263,252 traffic mitigation fee shall bo assessed prior to the recordation of the IMPROVEMENT PLANS, THE VILLAGE AT LOCH LOMOND MARINA — PHASE 2 map. Condition 49 of the Conditions of Approval requiring a $50,000 security deposit for Traffic Calming measures and $ 10,000 for emergency vehicle access security shall be assessed prior to the recordation of the IMPROVEMENT PLANS, THE VILLAGE AT LOCH LOMOND MARINA — PHASE 2 map. 21. Notice of Breach and Default If Subdivider refuses or falls to obtain prosecution of the work, or any severable part thereof, with sucl diligence as will ensure its completion within the time specified, or any extensions thereof. or fails t obtain completion of said work within such time, or if Subdivider should be adjudged a bankrupt, Subdivider should make a general assignment for the benefit of Subdivider's insolvency, or if Subdivide or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of. ffi provisions of this agreement, City Engineer may serve written notice upon Subdivider and Subdivider' surety of breach of this agreement, or of any portion thereof, and default of Subdivider. Subdivision Agreement - 5 22. Breach of Agreement. Performance by urety or ty 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 possessio n 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 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. 23. 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. 24. 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. Dated this 21st day of January, 2014 _0ee ef V any C. Phillips - - Q - �__ Esther C Reirne City Clerk A PROVED AS TO FORM: A" Robert F Epstein City Attorney SUBDIVIDER, �gi Marina Villa ssociat s, LLC a Delaware I' ited liabi y company r"A-- Michael Rosq , &ld, Manager Subdivision Agreement - 6 APPROVED AS TO CONTENT: it Kevin McGowan Assistant Public Works Director/City Engineer Subdivision Agreement - 1111�� III 13:00M W. UTCH, That Marina Villagp Associates, LLCI, 1999 Avenue of the Stars, #2850, Los Angeles, CA 90067 —as Principal, and Lexon Insurance Compapy . a Texas corporation authorized to do business in the State of California as surety, are held and firmly bound unto City of San Rafael, 1400 5th Avenue, San Rafael, CA 94915 as Obhgee, in the sum of Five Milhon' & 00/100 U.S. Dollars , ($5, 000.00 lawful money of the United States of America, for which payment well, and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. SIGNED,. SEALED AND DATED THIS 15th day of January 2014 . Whereas, the Principal has entered into an agreement with City of San Rafael, 1400 5th Avenue, San Rafael, CA 94915 as obligee, guaranteeing only that the Principal will complete improvements for ( Construction Improvements at The Village of Loch Lomond Marina — Phase I, San Rafael, CA all of which improvements shall be completed on or before the date set forth in the agreement. Now, therefore, the condition of this obligation is such, that if the Principal shall carry out all the terms of said agreement relating to the improvements only and perform all the work as set forth therein all within the time set forth in said agreement, then this obligation shall be null and void, ' otherwise to remain in fun force and effect. This bond is not transferable or assignable. No party other than the obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety of the Bond Obligation set forth herein shall not exceed the pena sum hereof for any cause or reason whatsoever, inclusive of attorney's fees or other costs. Exclusion: This hon and any -related honds do not cover improvements that -have heen performed hyprincipalprior tothe issue date this hond, *�ds-, LLC any 11 S-7/ Joi I Attest'. M WWI, my arl It# &N I MIN POWER OF ATTORNEY Lexon Insurance Company LX- 067579 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in 7 Louisville, Kentucky, does hereby constitute and appoint: Leonard E. Callahan, James F. Jones, its true and lawful Attorney(s)-1 n- Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Co[npany is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond n, ot to exceed $ 5,000,000.00 Five million dollars dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, go appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the sea[ of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and. sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON'INSURANCE COMPANY has. caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 21st day of September, 2009. LEXON INSURANCE COMPANY ARIA lie •00 ell A %_0 vg, **80 A 0.-* TEXAS 0 0 N TEXAS? 0. C SU X INSURANCE > COMPANY BY 0 OMPANY • David E. Campbell "0 00". Ne"6960906060• President On this 21st day of September, 200'9, before me, personally came David E. Campbell to me known,. who being duly sworn, did depose and say that he'is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corPoration. "OFFICIAL SEAL" MAUREEN K. AYE Y V - I _,.% Notary Public, State of Illinois (0___)`y� _­_ U A N My Commission Expires 09/21113 \, Maureen K. Aye ( - CERTIFICATE Notary Public 1, the undersigned, Assistant Secretary of LE ON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Illinois this 0'7 44-"9441 Signed and Sealed at Woodridge Day of 1 20 1-0 % A Z_ TEXAS i�4 S U RA, N(3 E COMPANY • • Philip G. Lauer Assistant Secretary "WARNING: Any person who knox.Awringly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi- al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties!"",'. W CITY OF SAN RAFAEL hqT6-VA INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/ SRCC AGENDA ITEM NO. 3 * 9 F!V*H;WM DATE: 1/13/14 TITLE OF DOCUMENT: A Resolution of the City of San Rafael approving the Subdivision Map and the Subdivision Improvement Agreement for the Village at Loch Lomond Marina — Phase I PERM (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL /AGENCY AGENDA ITEM: V City Manager (signature) NANONM APPROVED AS TO FORM: City Attorney {Signatu e)