HomeMy WebLinkAboutCC Resolution 12649 (Map of 33 San Pablo Ave. Condominiums)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING SUBDIVISION AGREEMENT FOR
SUBDIVISION ENTITILED
"MAP OF 33 SAN PABLO AVENUE CONDOMINIUMS"
WHEREAS, the Planning Commission of the City of San Rafael, State of California, did on
March 11, 2008, approve the tentative map entitled "Map of 33 San Pablo Avenue
Condominiums"; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
San Rafael, California, that the Subdivision Agreement for said condominium subdivision,
approved by the Planning Commission of said City on March 11, 2008, and entitled, "Map of 33
San Pablo Avenue Condominiums," is hereby approved, and that the Mayor of said City is
hereby authorized to execute the Subdivision Agreement.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, California, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 2nd day of February 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: Subdivision
:,..:7
City of San Rafael • California
Subdivision Agreement for the
Construction of Public Improvements
THIS AGREEMENT is made and entered into by and between the City of San Rafael
(hereinafter referred to as "City"), and MC2 Capital Partners, LLC, (hereinafter referred
to as "Subdivider").
RECITALS:
Subdivider has presented to City for approval a subdivision map entitled:
"Map of 33 San Pablo Avenue Condominiums."
The map has been filed with the City Engineer of City and will be recorded following
approval of this agreement.
Subdivider has requested approval of the map prior to the construction and completion
of improvements, including all streets, highways or public ways and public utility facili-
ties 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 out-
side the limits of Subdivision, which plans and specifications are now on file in the of-
fice 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 plans prepared by Adobe Associates, Inc. and approved by
the City Engineer, and 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 im-
provements plans and drawings entitled: "Man of 33 San Pablo Avenue Condominiums"
and subject to the conditions, requirements and recommendations as set forth in the
reports of the City Engineer and Planning Director, which reports shall be incorporated
herein by reference. Further incorporated herein and made a part hereof by reference
are the appropriate resolutions of the Planning Commission and of the City Council ap-
proving Subdivider's tentative map. 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
NOT APPLICABLE
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 therefor, 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 Commencement and Performance
City hereby fixes the time for the commencement of said work to be not later than nine
1% months after date of this agreement, and for its completion to be within 365
calendar days 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
therefor, 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 ex-
tension.
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 dam-
aged, 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 in-
volved 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.
S. Permits. Compliance With Law
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for
the construction of such improvements, give all necessary notices and pay all fees and
taxes required by law.
8.5 Improvement Requirements on Land Not Owned by Subdivider or City
In accordance with Section 66462.5 of the Government Code, the City requires the
Subdivider to pay the cost of acquiring offsite real property interests required in con-
nection with the subdivision, including but not limited to, appraisal fees, title reports,
surveying of land to be acquired, witness fees, attorney fees and all costs of acquisition
whether by settlement with property owners or eminent domain proceedings.
The Subdivider may secure the performance of this provision by separate improvement
security subject to the approval of the City Attorney.
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
Subdivider shall at all times maintain proper facilities, and provide safe access for in-
spection by City to all parts of the work and to the shops wherein the work is in prepa-
ration. The Subdivider shall pay overtime incurred by City inspectors whenever the
Subdivision Agreement • 2
Subdivider elects to work on Saturdays, Sundays, and holidays, he shall also pay over-
time incurred by City Inspector when Subdivider works any overtime hours. The in-
spection 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.
10.5 Inspection by Others
When required by the conditions for approval of the Tentative Map, the City may require
the work or public improvements or part thereof to be inspected by an outside consul-
tant selected by the City Engineer. The Subdivider shall be responsible for all fees, costs
and expenses for said inspection services.
11. Improvement Security
Prior to the filing of the parcel map, the Subdivider shall present to and file with the
City of San Rafael a surety company bond in the sum of sixty-two thousand and five
hundred dollars ($62,500) 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.
Liability under said bond shall be released upon completion of all work and public im-
provements to the satisfaction of the City Engineer as provided by the Subdivision Map
Act of the State of California.
12. Alternate Improvement Security
The Subdivider may deposit at the time for submission of the bonds mentioned in para-
graph 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 agree-
ment. The City Treasurer may disburse progress payments to the Subdivider on his or-
der 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 public improvements required by this agreement have been com-
pleted 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 thirty-one thousand and two
hundred and fifty dollars ($31,250.00) securing payment to the contractors,
subcontractors, persons renting equipment or furnishing labor or materials for the
Subdivision Agreement • 3
public improvements required to be made by this instrument. The security may be
cash, surety bond, or instrument of credit as permitted by the Subdivision Map Act of
the State of California. Such security shall be retained by the City for a period of ninety
(90) days following acceptance of the public improvements by the City or for such other
period as may be required or permitted pursuant to Government Code provisions
governing the release of labor and material bonds for subdivision improvements.
14. Monumentation Bond
Subdivider shall furnish a bond or cash deposit in the amount of N/A Dollars
($ ) guaranteeing the payment for installation of permanent
monumentation. The monumentation shall be done to the satisfaction of the City
Engineer and shall be completed 365 calendar days from the actual date of commence-
ment.
15. Maintenance Bond
Subdivider shall furnish prior to acceptance of the public improvements by the City a
maintenance bond in the amount of six thousand and two hundred fifty dollars ($6,250)
guaranteeing said public improvements for a period of one year from date of acceptance.
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 prop-
erty damage which may arise from Subdivider or Subdivider's contractors, subcontrac-
tors, 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 by Subdivider of any of the insurance policies de-
scribed 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 subdivi-
sion, and regardless of whether or not any insurance policies shall have been de-
termined 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 ac-
ceptance 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 im-
provements in said subdivision, or that stage of development of said streets and
improvements represented by their conditions at the time of issuance of said occu-
pancy permit or permits, or any stage of their development reached between the
period commencing with the issuance of any occupancy permit, and the final ac-
ceptance 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 neces-
sary to ensure public protection. In the event that City discovers a condition on the site
Subdivision Agreement • 4
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 de-
vices it deems necessary. In such event, Subdivider shall pay for the labor of City's
crews at the rate of thirty-five ($35.00) dollars per hour 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 this paragraph.
18. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have
obtained all insurance required under this paragraph and such insurance shall have
been approved by the City Attorney as to form and City Manager as to sufficiency, nor
shall Subdivider allow any contractor or subcontractor to commence work on his con-
tract or subcontract until all similar insurance required of the contractor or
subcontractor shall have been so obtained and approved. All requirements herein
provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
Subdivider and/or his contractors and/or subcontractors shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or dam-
ages to property which may arise from or in connection with the performance of the
work here under by the Subdivider, his agents, representatives, employees, contractors
or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
from CGY 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
B. Minimum Limits of Insurance
Subdivider shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit
shall apply separately to this project/ location or the general aggregate limit
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such de-
ductibles or self insured retentions as respects the City, its officers, officials, em-
ployees, and volunteers; or the Subdivider shall procure a bond guaranteeing pay-
ment of losses and related investigations, claim administration and defense ex-
penses.
D. Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to con-
tain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be cov-
ered as insureds as respects: liability arising out of activities performed by or
on behalf of the Subdivider; products and completed operations of the
Subdivision Agreement • 5
Subdivider; premises owned or used by the Subdivider; or automobiles owned,
leased, hired or borrowed by the Subdivider. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers,
officials, employees, agents or volunteers.
2. For any claims related to this project, the Subdivider's insurance coverage
shall be primary insurance as respects the City, its officers, officials, employ-
ees, agents and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, agents or volunteers shall be excess of
the Subdivider's insurance required and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies includ-
ing breaches of warranties shall not affect coverage provided to the City, its of-
ficers, officials, employees, agents or volunteers.
4. The Subdivider's insurance shall apply separately to each insured against
whom claim is made or suit is brought except, with respect to the limits of the
insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior to written notice by
certified mail, return receipt requested, has been given.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than "A".
F. Verification of Coverage
Subdivider shall furnish the City with original endorsements effecting coverage re-
quired by this clause. The endorsements are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The endorsements are to be on forms
provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alter -native to the City's forms, the Contractor's in-
surer may provide complete, certified copies of all required insurance policies, in-
cluding endorsements effecting the coverage required by these specifications.
G. Subcontractors
Subdivider shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All cover-
ages for subcontractors shall be subject to all of the requirements stated herein.
19. Title of Improvements
Title to, and ownership of, all improvements constructed here under by Subdivider shall
vest absolutely in City, upon completion and acceptance of such improvements by City.
20. 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 specifica-
tions 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%).
Subdivision Agreement • 6
21. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are or shall be consid-
ered to be agents of City in connection with the performance of Subdivider's obligations
under this agreement.
22. Cost of Engineering and Inspection
Subdivider shall pay to the City all engineering and inspection costs as required by
Section 15.11.040 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.
23. 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 if
Subdivider should be adjudged a bankrupt, or Subdivider should make a general as-
signment 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 or City Council may serve written notice
upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion
thereof, and default of Subdivider.
24. 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 prose-
cute the same to completion, by contract or by any other method City may deem advis-
able, 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 therefor. The Subdivider shall be liable to the City for
any excess costs, claims, damages, liability, or expenses of whatever nature or kind, di-
rect or indirect, including reasonable attorney fees which are directly or indirectly
caused by the execution and enforcement of this agreement.
25. Notices
All notices herein required shall be in writing and delivered in person or sent by regis-
tered or certified mail, postage prepaid. Notices required to be given shall be addressed
as follows:
City Surety of Subdivider:
Parviz Mokhtari, Interim Director of Public
Works/ City Engineer
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
Subdivider:
MC2 Capital Partners, LLC
1101 Fifth Avenue, Suite 300
San Rafael, CA 94901
Subdivider's Insurance Company:
It is provided that any party or the surety may change such address by notice in writing
to the other party and thereafter notices shall be addressed and transmitted to the new
address.
Subdivision Agreement • 7
26. 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.
27. 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.
28. Agreement an Offer Until Accepted by City
It is recognized that this agreement executed by the Subdivider is submitted at the time
of application for approval of the subdivision map, and prior to approval of said
subdivision map, and prior to approval of said map by the City Engineer. Until approval
of said map and execution of this agreement by City, this agreement shall constitute an
offer and may be withdrawn or modified by Subdivider, but upon such withdrawal, and
until an executed agreement acceptable to City is submitted, the entire application for
map shall be considered withdrawn.
29. Special Conditions
Dated this 114- day of j'� �' �'�' , 20
CITY OF S N RAFAEL: SUBDIVIDER,",`
MC2 Capitalrt ei C
�A'
Albert oro, _
Mayor Title:
ATTEST:
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
Robert F. Epstein
City Attorney
APPROVE13 AS TO CONTENT:
Pa iz Mo
Interim Director of Public Works/City
Engineer
Subdivision Agreement • 8
nd No. 4370625
rremium: $1,563.00
FAITHFUL PERFORMANCE BOND
(SUBDIVISION)
KNOW ALL BY THESE PRESENTS:
WHEREAS, the City Council of the City of San Rafael, State of California, and MC2 Canital
Partners. LLC(hereinafter designated as "Principal") have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which said agreement, dated
,20 , and identified as project Man of 33 San Pablo Avenue Condominiums,
in hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
NOW, THEREFORE we the principal and SureTec Insurance ComDanv as surety, are held and
firmly bound unto the City of San Rafael hereinafter called "City", in the penal sum of Sixtv Two
Thousand Five Hundred and No, 100 dollars ($ 62.500.00 ) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors,
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and
truly keep and perform the covenants, conditions and provisions in the said agreement and any
alteration thereof made as therein provided, on his or their part, to be kept and performed at the time
and in the manner herein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of San Rafael, its officials, agents and employees, as herein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force
and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judbnrient rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the agreement or to
the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety
above named, on February 3, 2009.
Signed and sealed this 3rd day of February, 2009.
MC2 Capt rs LLC YureTec �rizi
...
BY: B
1611 : V-(- - ,i i\C , t Stephanie Worden. Attornev-in-Fact
PRINCIPAL (Name and Title)"PC 1 SURETY (Name and Title)
THE FOREGOING BOND 1S APPROVED
AS TO SUFFICIENCY:
City Manager
THE FOREGOING BOND IS APPROVED
AS TO FORM:
City Attorney
ACKNOWLEDGEMENT
NOTE: Be sure that all bonds submitted have a
certified copy of the bonding agent's power of
attorney attached. Also be sure that Surety is an
"Admitted Surety" (i.e. surety qualified to do
business in California). Contact County Clerk
or Department of Insurance to verify.
Bond No. 4370625
Premium: Premium Included in FP Bond
SUBDIVISION LABOR AND MATERIAL BOND - CALIFORNIA
WHEREAS: Citv of San Rafael State of California, and
MC2 Capital Partners LLC (hereinafter designated as
"Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated and identified as project for,
Mao of 33 San Pablo Avenue Condominiums and is hereby
referred to and made a part hereof, and
WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the Citv of San Rafael to
secure the claims to which reference is made in Title 15 (commencing with Section 3082) as Part 4 of Division 3 of the
Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate Surety, are held and firmly bound unto
Citv of San Rafael (hereinafter designated as "Obligee") and all
contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure, in the sum of
Thirty One Thousand Two Hundred Fifty Dollars and 00/100 dollars
( $31.250.00 ), for material furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not
exceeding the sum hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in
successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and included in the
judgm ent herein rendered.
It is expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code, so as to give them a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named,
on February 3. 2009
MC2 Capital Partners, LLC
Principal
By:
Surek Insurance Company
Surety
Y: �'
n , Attorney -In -Fact
1350 Carlback Ave. #200
Address
Walnut Creek, CA 94596
Surety Phone No. 925-934-8500
MAINTENANCE BOND
BOND NO. 4370625
SureTec Insurance Company
KNOW ALL MEN BY THESE PRESENTS that we, MC2 Capital Partners. LLC
, as Principal, and SureTec Insurance Companv , a corporation
duly authorized to engage in the surety business in the State of Texas , as Surety, are
jointly and severally held and firmly bound unto Citv of San Rafael
as Obligee, in the sum of Six Thousand Two Hundred Fiftv Dollars and 00/100
Dollars ($ 6,250.00 ) for the payment whereof the Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a contract with the Obligee, dated
, for the project known as Map of 33 San Pablo Avenue Condominiums
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall
maintain and warrant all improvements for a period of one (1) year following the date of
acceptance of said improvements by the Obligee, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
SIGNED AND SEALED this 3rd day of February 2009 ,
MC2 Capital Partners, LLC (Principal)
By: (Seal)
Title:
SureTec Insurance Company (Surety)
BfL. ` (Seal)
AttorW�in-fact: ' 213fiarne Worden
Surety Phone No. 925-934-8500
POA ir• 510013
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texae, does by these presents
make, constitute and appoint
David Harris, Stephanie Worden
its true and lawfitl Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead. to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waiN ers to the
conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no1100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and drily attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31`10 and is made tinder and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Asststa it Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory u-idertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Co porate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed co any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or aesimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a nicering held on 200 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 28th day of October, A.D. 2008.
SURETEC INS CE 0131)IPANY
VL
By B.J. iCi resident
State of Texas ss: rr tt,r
County of Harris
On this 28h day of October, 2008 before me personally came BJ. King, to me known, who, being by me duly swom, did depose and say, that he resides
in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so atiixei by order of the Board of
Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
Notary Publa
State of Texas
°aha�tV.=2
Michelle Denny, Notary PJ.)flic
My commission expires Ausust 27 2012
1, R1. Brent Beaty. Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoin, is a. -rue and correct copy
of a Po%N er of Attorney, executed by said Company, which is still in full force and effect: and furthermore, the resolutions o" ^he Bu rd of Directors, set
out in the Puv er of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 3rd day of February ,0 09,
X D
114 tt
NI. Brent Beaty, -Assistant ; ecretary
Any 1' cstrumew issued in e:ccess of the penalty stated above is totally void and without any validity.
For ° u:rifcation of toe authority of th :; power you may call (713) 812-0800 any baisiness day between 8:00 am and 5*00 r, ST,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
...................................................................
State of California
County of Contra Costa
On February 3, 2009
Date
personally appeared Stephanie Worden
before me, Jennifer E. Dirking, Notary Public
Name and Title of Notary
Name and or Names of Slgner(s)
Who proved to me on the basis of sati,9factory evidence
to be the person( whose name(s,) is/arasubscribed
to the, within instrument and acknowledged to me that
he/he/they executed the same in his/pter/their aut orized
cap ity(i�, and that b histepheir signature on the
instrument the perso ), 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 seal.,,
Signature ` , ,'-. " ( ,
Notary Public Signature
Jennifer E. Dirking, Notary Puli
O ZONAL
I� �
JENNIFER E. DIRKING
Commission # 1721618
r"
Notary
1 Public - California p
a �
_5F,
d
Contra Costa County
'u Con m, Wpp , s Feb 4, 2011
Place Notary Public Seal Above
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Guardian or Conservator
Attorney -in -Fact
❑ Trustee
❑ Other:
Signer is representing
SureTec Insurance Company
Number of Pages:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
Top of thumb ❑ Guardian or Conservator
❑ Attorney -in -Fact
❑ Trustee
❑ Other:
Signer is representing
Hfiel ;I
w;..
Top of thumb