HomeMy WebLinkAbout117-97RESOLUTION NO. 117-97
APPROVING THE SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 7964 (LAWRENCE ESTATES), LOCATED ON
THE EAST SIDE OF LAWRENCE ROAD AT CULET RANCH ROAD
WHEREAS, Pulte Homes Corporation, Subdivider of said subdivision, has requested the Town
of Danville approve said Subdivision Map and Subdivision Improvement Agreement; and
WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply with
standards set forth in the California Subdivision Map Act and Danville Municipal Code; and
WHEREAS, subdivider has now complied with all Conditions of Approval established by the
Town of Danville for the subject subdivision; and
WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and
WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are consistent with
the Town's General Plan; now, therefore, be it
RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement appended
hereto as Exhibits 1 and 2 respectively, are hereby approved and Town staff is hereby authorized
and directed to execute the same on behalf of the Town.
APPROVED by the Danville Town Council at a Regular Meeting on September 3, 1997, by the
following vote:
AYES: Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Waldo, Arnerich, Greenberg, Shimansky
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
CITY CLERK
OWNER'S STATEMENT
It( UNDERSIGNED, B[INO ]HE PARriES HAVtNO A R[CORO ~ IN~R~T IN ~
~T TO ~ M~ING ANO ~[CO~A~OH ~ ~[ ~[; AND ~ ~RERY ~F/R
~ TO ~C ~E ~E POR~S ~ S~D ~NDS DE~GNA~D ~ SAID MAP
~ ~EN~ R~. SH(L~R~D ~[. ~LIER~ PLACC ~EL~R~
~ F~ A P~ ROADWAY ~EMENT ~O PUBLIC U~nES. ~CLUDINO CONS~UC~ON.
a~ ~ U~N~CE ~ ~R~ ~EN~, OR S~UC~RE~ ~Ea CO.RED OR
~ ~ .~[ ~INO ~ OeS~H~$ ~ ~OE;A~ UNDER. UPS, ~ O~R ~O [ASEMENL
EX~U~ ~A~ E~M~T AND N~USI~ ~RFACE EA~M~T FOR ~IT~Y
MAY ~ ~O ~ 5ND ~NT, NO~ ~A~ ~Y~ING ~ O~[ ~[HE~ ~ICH MAY
m~ ~'S ~ ~ENT ~ SND
~ ~ ~fi~ gUT IS FOR ~ USE ~ ~E O~RS ~ DENNED IN ~[
H~$ ~ ~NINO ~B~ 79~4 FOR SlORM ~a IN~UOING
SUBDIVISION 7964
LAWRENCE ESTATES
BEING A RESUBDM~ON Of' PARCELS 6 & 7
AS SHOWN ON tHE RECOR0 OF SURLY lB LSU 2.1
TOWN 0f 0ANVILLE CONTRA COSTA COUNTY CALIFORNIA
elk ASSOCIATES, Inc.
CIVIL ENGIfiEERINC-PLANNiNG-SURVEY~NG
1440 MARIA LANE SUllE 200
WALNUT CREEK, CALFORNIA 94596
MARCH, lgg7
PRESIDENT
OWNER'S ACKNOWLEDGEMENT
BfJroRE
A NOT~Y ~ ~ AND FOR SNa STA~. PERkiLY ~PE~ED
PIL'R$ONALLY KNOWR TO Mr. (OR PROVED I'D ME ON THE BASIS OF SAIlSFACTORY EVIOENC:~).
m eE mE PriSON(S) ~O~ RA~£(S) IS\ARE ~a~oEO ~ mE ~mw I~S~ENF A~
~1[S). ~O ~I BY ~S~/~R ~A~RE(S) ON ~[ INS~UMEN~ ~E PERSON(S)
mm[~ uY ~
PR,'N ~D NA~r.
NOTARY PURGe tN ~ ro~ T~E Co~un' o~
STATE; OK gAUFOI~A
PLANNING STATEMENT
DATED:
CITY ENGINEER'S STATEMENT
I, SIEVEN ~ LAK~.. (~l¥ ENGINEER O~- ITf[ TO~ ~ D~MLLE, C~NW ~
STEVEN e' LAKER.CE. 31~17D
COUNTY RECORDER'S STATEMENT
1HIS gAP ENnlLEO 'SUROi~qSION 7904 LAt~RENC~ ESIAIE:S'. ~ HERE~Y A~EP~0 F~ ~AR~
~OMNG A ~ ~ PER ~O~ON ~[ MA~ 8Y ~ REP~C ~ C~ANY,
D£PU[Y COUN[Y RECORDER
Exhibit I
DAIT. D~
BUILDING OFFICIAL'S STATEMENT
O~[ ~LOI~ ruJgLl~ #%~'~-GICN IN ~ l
Ig~ e~ r
CITY CLERK'S STATEMENT
' m ~ ~ ~ p~
~ ~ ~[o mAT P~
~ ~E~ ~. i HA~ HEREUNTO
SUBDIVISION 7964
LAWRENCE ESTATES
BEING A RESUB01VISION OF PARCELS 6 & 7
AS SHOWN ON 1}IE RECORD OF SURVEY 18 LSU 2.1
TO~ 0r DANVILLE CONIRA COSTA COUNTY CALIFORNIA
dk ASSOCIATES, Inc.
OVl[ ENGINEERIXG- PLANNINC- SURVEYING
1440 MARIA LANE, SUITE 200
WALNUT CREEK, CAI.IFoRNIA 94596
MARCH, 1997
CLERK OF THE BOARD OF SUPERVISORS STATEMENT
I SIAT[. AS (:]i!:CKEO BELOW, THAT:
C ) A TAX BONO ASSU~NO THE PAYMENT OF ~ TA~ ~ ~ NOW A ~N, ~T NO~
~Z PAYABe. H~ KEN R[~O A~ ~O ~m ~ 80~O M ~ERMS~S ~ ~
COSTA ~N~, ~IA~ ~ ~urmm~
P~L BATCH[LM
~RK ~ ~ BO~ ~ ~NM~S ANO
~ ADMI~S~AFOR
C~NW ~ C~ C~FA
STA~E ~ ~IA
~'lEIrT 2 OF 5
~ JOg j ]3HS
'6~1, I~0 B~/9 U3d VIdYMVDYNVN
O! O]AIJ]S:Iu $1 3DYJ~Jr~S Jd .00~ NIHJIM
.gg. IS,O · ~-
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9NIA:~ BCLS - :)NINNY'Id -DNIB33N~N ] 1tAI3
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13,318 s.r.
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10,}40 S.F. ~' J8,314 S.f. L - 54.15'
10' P.S.D.~ *~. ~ IO'
PARCEL B
I
I
PARCEL
36 PM
SUBDIVISION 7964
LAWRENCE ESTATES
BEING A RESUB{)IVISION ~ PARCELS 6 & 7
AS SHOWN ON 11-1E RECORD [T SURLY. 18 LSM 2,1
10MI OF' DA~IVIlI[CON~A CO5IA COLINIY CAI. IFORNfA
dk ASSOCIATES, Inc.
O~IL ENQNEERING- PLANNING- SURVEYING
' 1440 UARIA LANE, ~UIIE 200
WALNUI' CREEK, CALFORN A 94596
M~RCH, 1997
TAKEN A~E 13~T~q~EN ~ F~N0
SIRLET MONUMEMTS ON LAV~N~ ROAO AS'
SHOWN 0N PAACELMAP 'IlS 34J-77° (68 P¥
(~t)
P.U.C
P,A.C
P.SD.E.
L~.¥.£.
·
NO][: ALL OIL. GAS AND HYDROCARBON
WITttlN .500' OF SURFACE I$ RESERBI[D TO
NAKACAWARA PER 6729 OR 429.
S~KKT 4 GIc {
SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision Name: Subdivision 7964. Lawrence Estates
Council Action: August 5, 1997 Completion Date: August 5, 1999
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
TOWN OF DANVILLE
Steven Lake
City Engineer
SUBDIVIDER:
Puke Homes Corp., a Michigan Corporation
, o ey'
R.C.E. 31870 Expires 12/31/2000
5976 W. Las Positas Blvd., Suite 100, Pleasanton, CA
94588
Phone: 510.460.0100 fax 510.460.0278
(NOTE: All Subdivider(s) signatures to be acknowledged. IfSubdivider is incorporated, signatures must conform with
the designated representative groups pursuant to Corporations Code section 313.)
(This area for official notary flags. All Subdivider signatures must be properly notariz~d in accordance with Civil Code section
1180. The name and titles of the people signing the documents must be listed on the notary flag.)
************************************************************
-' 1 of 6
Exhibit 2
" SUBDIVISION 7964
I ~'~.cEL . I I "' °"*"' LAWRENCE ESTATES
I ~ BEINC A RE~UBOI~ISION OF PAR~ 6 ~ 7
I N89,2'OS'W 892.22'(T) ~~= J AS ~ ~ ~E RECORD ~ ~R~Y 18
~ ~'"'~' ~ ~ ~ ~ ~'-"'c, ~ ASSOCIATES, Inc.
~ ~ S ~ 7 ~ ~ u ~ - ~ . sc~[ ,'-40' ~L [NG~ERING-PLANNING-~R~NG
e.o~ s.r. ~ ~ N~.~'os-w ~ ~ ~ [
= ~ = ~.o2o IF. ~ ~ ~ eL~ I WALNUT ~EEK. CALIFORNIA 94596 ,,~
' ( ..~2'~'. ~ ,
(T)
2~ ~o.~ I I ~o' ~o,~ 20' s,o.~. ~
_ ~. ~ ~ 20' s.~t. ~ ~s.~
~ / ~ ~ ~ ~ ~ ~. I 0.768 s.r. ~ - · r~.o
DATA ~r
/
,,,,,.,,~,./~ I ~ ~ - ~ I .... DATA ~'T '. I
~ ~5~4'~4 ' 17,635 ~r. ~ ~ ~ ~ ~ NUMeE~ I e~lN~/O[Lln~. I~N~IH J ~ 1
R ~ Je5.~ l/N~4Y~(N) ~ ~ 13.226 S.r. I U I ~4412'~'W 'l 53.74'(~-B)
I C2, I 44'~'2t' I ~1' I ~.~ I
I Neg72'OS'W 931.08'(T) J NOTE: ALL ~ GAS AND
~IN 5~' ~ SURFA~ IS RESERgO TO
I PARCEL A i NAKAGAWARA PER 6729 OR 429,
I 36 PM J7
S~IEEI 5 OF' 5
SUBDIVISION IMPROVEMENT AGREEMENT
1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville, County
of Contra Costa, California, hereinafter called "Town," and the named Subdivider, mutually promise
and agree as follows concerning this subdivision:
2. IMPROVEMENTS. The subdivider shall comply with all Conditions of Approval
established by the Town Planning Commission and shall construct and install those improvements
identified on improvement plans prepared by the Subdivider, approved by the City Engineer on
Otct~ 'r' ,,,qO ,1997 and kept on file in the Town offices of Development Services. The
general nature and description of the work and improvements to be constructed and installed are as
follows: Construct street paving, curb & gutter, sidewalks, trails. storm drainate facilities and
landsca~)in~ within the subdivision and construct the trail and landscaping along Lawrence Road alon~
with all related appurtenances.
Subdivider shall complete said work and improvements (hereinafter called "work") within the
above completion period from date hereof as required by the California Subdivision Map Act
(Government Code section 66410 and following), in a good workmanlike manner, in accordance with
accepted construction practices and in a manner equal or superior to the requirements of the Town
of Danville Municipal Code and rulings made thereunder; and where there is a conflict between the
improvement plans and the Town Municipal Code, the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall,
pursuant to Government Code section 66499, and the Town of Danville Municipal Code, provide as
security to the Town:
A. For Performance and Guarantee: $5,000.00 cash, plus additional security, in the
amount of $ 395,000.00 which together total $ 400,000.00 which is one hundred percent (100%) of
the estimated cost of the work, excluding landscaping. Such additional security is presented in the
form of:
~ Cash, Certified Check, Cashier's Check or Certificate of Deposit.
.X. Acceptable Corporate Surety Bond.
~ Acceptable Irrevocable Letter of Credit.
With this security, the Subdivider guarantees performance under this Agreement and
maintenance of the work for one year after its completion and acceptance against any defective
2 of 6
:
SUBDIVISION IMPROVEMENT AGREEMENT
workmanship or materials or any unsatisfactory performance.
A1. For Performance and .. Guarantee of Landscaping: $ 200.000.00 which is one
hundred percent (100%) of the estimated cost of the landscaping. Such security is presented in the
form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit.
X Acceptable Corporate Surety Bond.
Acceptable Irrevocabie Letter of Credit.
With this security, the Subdivider guarantees performance under'this Agreement and
maintenance of the work for one year after-its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance
B. For payment: Security in the amount ors 200,000.00 of which is fifty percent (50%)
of the estimated cost of the work. Such.security is presented 'm the form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the contractor, to his
subconwactors, and to persons renting equipment or furnishing labor or materials to them or to the
Subdivider.
C. For legal costs: Security in the amount of $ 10,000.00. Such security is
presented in the form of:
~ Cash, Certified Check, Cashier's Check or Certificate of Deposit
__ Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter-of Credit
With this security, the Subdivider guarantees payment to the Town of Danville for legal
and other costs associated with enforcing this subdivision agreement or in compelling performance
or recovering-,the security under this agreement.
D. Upon acceptance of the work as complete by the Town Council and upon request of
the Subdi'dder, the amount of the improvement securities may be reduced in accordance with Section
31-11.16 a. of the Danville Municipal Code.
3 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work
shall be free from defects in material or workmanship and shall perform satisfactorily for a period of
one (1) year from and after the Town Council accepts the work as complete in accordance with
Section 31-11.16 of the Danville Municipal Code. Subdivider agrees to correct, repair, or replace,
at his expense, any defects in said work.
The guarantee period does not apply to road improvements for private roads which are
not to be accepted into the Town street system.
5. PLANT ESTABLISHMENT WORK. Sulxtivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment work shall consist of
adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control
and other work determined by the City Engineer to be necessary to insure establishment of plants.
Said plant establishment work shall be performed for a period of one (1) year from and
after the Town Council accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for
the work are adequate to accomplish the work as promised in Section 2 and as required by the
Conditions of Approval for the Subdivision. If, at any time before the Town Council accepts the
work as complete or during the one year guarantee period, said improvement plans prove to be
inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY TOWN. Inspection of the work and/or materials, or approval of work
and/or materials or statement by any officer, agent or employee of the Town indicating the work or
any part thereof complies with the requirements of this Agreement or acceptance of the whole or any
part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall
not relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the Town
be thereby stopped fi'om bringing any action for damages arising from the failure to comply with any
of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnities from
the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are the Town and its elective
4 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
and appointive boards, commissions, officers, agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind
allegedly suffered, incurred or threatened because of actions defined below, and including personal
injury, death, property damage, inverse condemnation; or'any~e~ ~Om~*'~aiion of tl~ie, and regardless
of whether or not such liability, claim or damage was unforeseeable at any time before the Town
reviewed said improvement plans or accepted the work as complete, and including the defense of any
suit(s), action(s) or other proceeding(s) concerning said liabilities and claims.
C. The actions causing liability axe any act or omission (negligent or non-negligent) in
connection with the. matters covered,by this Agreement and attributable to the Subdivider,
Contractor, Subcontractor or any officer, agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned or
dependent on whether or not any indemnity has prepaxed, 'supplied, or reviewed any plan(s) or
specifications(s) in connection with this work or subdivision, or has insurance or other ....
indemnification covering any of these matters, or that the alleged damage resulted partly from any
negligent or willful misconduct of any Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs of the work, including inspections
thereof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the
~led map and to the satisfaction of the City Engineer.
11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete th6 work within
the time specked in this Agreement~ and subsequent extensions, or fails to maintain the work, the
Town may proceed to complete and/or maintain the work by contract or otherwise, and Subdivider
agrees to pay all costs and charges incurred by the Town (including, but not limited to: engineering,
inspection, surveys, contract, overhead, etc.) immediately upon demand.
Once action is taken by Town to complete or'maintain the work, Subdividei' agrees to
pay all costsincurred by the Town, even if Subdivider subsequently completes the work.
Should Town sue to compel performance under this Agreement or to recover costs
incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all
other expenses of litigation incurred by Town in connection therewith, even if Subdivider
5 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
subsequently proceeds to complete the work.
12. AS-BUILT PLANS. Before acceptance of the improvements by the Town Council, the
Subdivider (or his Engineer) shall furnish the City Engineer a complete set of the original tracings of
the improvement plans for the subdivision (including all revisions thereto).
13. RECORD MAP. In consideration hereof, Town shall allow Subdivider to file and record
the Final Map or Parcel Map for said Subdivision.
Approved as to Form:
City Attorney Date
Attachments:
la)
2)
3)
Securities required
Performance and Guarantee ................$395,000.00 + $5,000.00 (cash)
Performance and Guarantee for Landscaping ..................$200,000.00
Payment ..............................................$200,000.00
Legal .................................................$10,000.00
6 of 6
SAFECO
Bond' 5912067
Initial Premium $ 1,086.00
KNOW ALL BY THE.~ PRESENTS, That Pulte Home Corporation
5976 14. Las Poeires Blvd., ~l'e. IUU, yleasancon, CA
SAFECO INSURAN~ .COMPANY,..O~,-?A~IC~;r ~ '-~t"~'"'~ ~d ~g ~d~ the ~ws of ~e S~to of
W~hing~n nd au~or~ ~ ~ct ~ty b~ ~ ~e Sram of ~!ifomh,
To~ of Danville, ~10 LaGonda ~ay, Danville, CA 94526
inthe~m of three hundred ninecy five thousand and 00/100
(S 39~ .000.00 ), J~ ~e ~ym~t wh~mf, ~11 ud ~uJy ~ ~ rode, hid pr~ci~J and Surety
bind the~lv~, thek hake, admh~a~rs, n~ end mi~, ~htly ~d mve~!ly, f~mly by ~ pr~n~.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Pri-eipal on
19 entered into a certain Agreement or Contract with the Obligec wherein the Principal agreed to complete the
following improvements: street paving, curb & gutter, sidewalks, trails, s~or~ drainage
facilities and construct the trail and landscaping along Lawrence Road along with all
related app_urcenaces in Lawrence Es=a=es.
as more tully s~t forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of
the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided
however:
(1) That as e part of the obligation secured bareby and in addition to the faee amount. specified 'therefore, 'there
shall be included cents and reasonable expenses and fees,. including reasonable attorney's fees, incurred by
· Obligae in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered;
(2) Thai the Surety hereby stipulates amt agrees that ~o change, ememion 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 stroh
change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications;
(3) That no right of action shall acerue hereunder to or for the benefit of any Person, firm or corporation other
than the Obliges named hare'to.
Signed, Mal~l and dated July 18
Pulce Home Corporation
Calvin R; Boyd, .DSrec~or-of Treasury Operations
,19 ?7.
SAFECO IN~JRANCE COMPANY OF AMERICA
~.,~te K. Bott~'ng ~6rany'in'Fec
$-8211EP R? ~/87:
Page 1 of 2
Addre~
PRINTED IN U.S,A.
CALIFORNIA ALL.PURPOSr'~I2KNOWLEDGMENT
State of
County of
DATE
personally appeared
before me, ~KY~k :---.'~r"~r',k"t~k~.
N~E. ~ OF O~CER - E.G., 'JANE ~E, NOTA~ PUBLI~
N~E(S) OF SIGNER(S)
~pemonally known to me - OR - ~ provod to mc on the b~sis of s~ti~f~cto~ eviden~
to be the person~ whose name~ is/~
subscribed to the within instrument. and ac-
knowledged to me that he/~t~ executed
the same in his/~/t~ir authorized
capacity(~, and that by his/~t~
signatum~ on the instrument the person~',
or the entity upon behalf of which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
'TATTORNEY-IN-FACT
RUSTEE(S) '
[] GUARDIAN/CONSERVATOR
[] OTHER:
DESCRIPTION OF A1 rACHED DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER !S REPRESENTING:
NAME OF PER~ON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION · 8236 Reinmet Ave., P.O. Box 7184 · Canoga PaR. CA 91309-7184
FIRST N~TICNAL ~E CC~M~NY
OF agVlERIC~
HOVE OFFICE: SAFEC0 PLAZA
SEATTLE. WASHI~GTCIN 981
Bond 5912068
P=emtu= $550. O0
KNOW ALL BY THF. EE P~, That P~'I t~ ~0~1~ C.n~-p~-~,~ p~
5976 ~. Las Posicas Blvd.. S. ce. 100, Pleasanton. CA 9458~.~- ~ Prmci~I,~
SAFECO IN~RAN~. CO, ANY-OF AMERICA, a ~t'~ ~~ ~ ~ing ~der ~e h~' of ~e $~te of
W~h~tan ~ au~r~ ~ ~et mty b~ ~ ~ Sa~ of ~lif~, ~ S~ety, ~e ~ld ~d f~mly ~und ~
To~ oi Banville. ~10 LaGonda ~av. Danville. CA 9~526
for the use and benefit of say sad all persons antitied to file claim under Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the Stateof :Celllomb, in the sum of two hundred. thousand and 00/100
($ 200. 000.00 ),
for the payment whereof, well and truly to be mede, mid Principal sad Surety bind themselves, their heirs, adminL~trators,
succc~ors and assigns, jointly and myerally, firmly by, these presents.
THE CONDITION OF THIS OBLIGATION IS ~CH, That WHEREAS, the Pkincipal antered 're, tO · certain. Agreement or
~ontract with the Obligna, dated the day of - ,19 , where:'m'fi~e Principal has
agreed to 'complete the following improve.sam o£f-stCe improvements in Lawrence Estates
as more fully sat forth in said a~mnsat
NOW THEREFORE, if the Principal shall pay all eautractors, subconb-actors, laborers, material,hen sad. other persons
employed in the performance of the Agremnsat, for matorlaJs' furnished or labor thereon of any: kind.~ 'or for~-amounts 'due
under the Unemployment Inmr~ce Act with respect to sacb work or labor, then this obligation shall be null and void;
otherwise, to remain' in full 'f'orc~ ~ eff~t. Provided, however:
(1) That said Surety will pay the same in an amount not ~zoseding the arnoant hereinafter set forth, and. also in
case suit is brought upon this bond, will pay, in sddition to the iaov'~mount' 'thereof, co~ts and reasonable
expans~ and fees~ including attorney's fees, inc ~ukred by County (or City) in successfully enforcing such. obli'
gation, to be awarded and fixed by the court, and to be taxed a~ costs and to be included in the judgment
therein rendered;
(2) That the Surety hereby stipulates and agr~ that no change, extension of time, alteration or addition to the
terms of said Agreement or the spacifications accompanying the same shall in any manner affect its obligations
on this bond, and it does boreby waive notice of say such cbsage, extension, alteration or addition.
(3) That the time for filing suit on this bond shall be limited to six (6) months from date of completion of said
zmprovements as "completion" is defined under applicable sections of the Civil Code"of TheState;of Caliloruis;
S~gned and sealed this
18Oh day of July ,19,~ 97
Pulte Home Corporation
Principal
C. mlv~ R. grO, 4
Director. of Treasury Operations
SAFECO INSURANCE COMPANY OF AMERICA
2800 W. ~igglns Road, Suite 1100
Hoff~n Estates, IL 60195 A~
$-822/EP R6 ~87 Pa~e I of 2 PRINTED IN
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this 18th day of July, 1997, before me, the undersigned authorized employee, personally
appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations of
Pulte Home Corporation and that he as such employee being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the Corporation
by himself as such employee.
My Commission Expires: March 26, 1998
Notary Public, Marcia G. Howard
Oakland County, Michigan
MH 033
BONDNO. 5912069
Premium $550.00
gUBDIVI~ION BOND
of 5976 W. Las Posil:as Blvd., St:e. 100, Pleasant:on. CA 94588 as Priv-cipal, and
~$AFECO INSURANCE COMPANY OF AIrtie, CA, A Waslaington corporation, having its principal offic~
· ud place of bu~inc~s in the Cit7 of Scaul&, Washinstnn, -, Surety a~e held and firmly bound unto
Town of Danville, 510 LaGonda Way, Danville, CA 94526 in ~c sum
($ 200.000.0Q )DO~T. AI~, for whJ~ payme. at well and truly to bc made, w: bind
ourseivy, our heir~, ~x:tors, a6minist~to:, raccessoz~, and assigns, jointly and severally, firmly by th~c
presents.
SBAL]KDwith ourscals~~~ 18th day of July
A.D. 19 97
WH~S, ih¢ above boundea Principal has bee. n or is about to be grantexl. appmval' for'a plat of subdivisio,,
known as
Lawrence Estates
said approval Ixiug oondifion~l upon the installation of landscaping
m said subdivision, in aw. ordanc~ with plans and specifications pr~partad by
NOW/'HEREFORE TIiE CONDITION OF THIS OBLIGATION IS su~h, that if the above bound:n Principal
shall well and truly and in good, suffici=nt and workman like m~nncr l~rform or ~us~ zo bc pcrform~
insullation of said improvcm~m~s, ihem this obIigatiou to bc void; o~¢nvise to r~main in full force and
PulCe Home Corporation
Calvin R. Boy , i:etzor
of Treasury Operations
bl~u~ubbong
SAFECO INSURANCE COMPANY OF AJvIER/CA
By: -
Jane K.
ACKNOWLEDGEMENT BY PKINCIPAL
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this 18th day of July, 1997, before me, the undersigned authorized employee, personalIs'
appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations of
Pulte Home Corporation and that he as such employee being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the Corporation
by himself as such employee.
My Commission Expires: March 26, 1998
lqotary Public, Marcia G. Howard
Oakland County, Michigan
MH 033
S&FECO®
KNOW ALL BY THESE PRESENTS:
UMITED POWER
OF ATTORNEY
N~. R011
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
corpora;Ion, odes each hereby appc~n?
,.,CALVIN R. BDYD; JANICE L. LOGUE; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; ,JAMES A.
WEISSENBORN; JOHN R. STOLLER; MAUREEN. E. THOMAS; JANE,K.' BOTTI,NG~"Bl~omfi'eld Hills.
~$ ~rue and lawful aT~or~S)-in-fact, wil~ full a~norily ~o exe~e on ils'~lf fi~elily and s~elV .Donos or unoerlak~n~s and
ooc~enz-s of a similar character issue. ~ t~ c~a~ m t~ co~e of its PUSIlaS. and to bin0 the resDeclwe C~Da~ lhere~
~ounts or penalroes no~ exceeaJng t~ s~
ONE MI, LL ION AND NO/100--------.-"""'"""'""--""""'-, DOLLARS CS ~ ,000 ,000. 00 )
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA nave each
axecure0 an= aTtes'fe= These presents
11TH c~ of January . 19 96
CERTiFiCATE
Extract fr~m the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Ar~zcJe V, Section 13. - F~L~Y ~ S~Y B~S . . . t~ ~e~nt a~ vice Pre~nt. ~ ~creta~. and a~ AssJstan~ Vice
Pres~oem aDDoInle~ for That D~O~ ~ t~ officer in cMr~ of s~ety o~ratlo~. s~11 each ~e a~hOnty to appofnl in.via.ilS as
aT~orn~s-~n-facT Or unaer ot~r ~DroDri~e titles ~th a~ity
other Ooc~ents O1 s~ilar Character issued ~ t~ c~ in t~ c~se of its Dusi~ss . . . On a~ ~nStr~en~ making or ev~oenc~ng
such apDomTment, t~ s~gnat~es m~ De affixeO ~ facs~le. On a~ i~r~n~ confe~ing SUCh a~orlty or on a~ Don~ or undertaking
of ~ne C~Da~. the seal. or a facsimile thereof, m~ ~ ~resse~ or affixe~ or in a~ ot~r ~n~r reoro0uce~: Drow0e~. howler.
mat the seaJ s~all ~oT De necessa~ to t~ validity of a~ such ~r~n~
Extract fr~ a Resold,on of ~ B~d of ~remors of ~AFECO INSURANCE ~OMPANY OF AMERICA
and of ~E~AL INSTANCE COMPA~ OF AMERICA aaomed J~y 28. lg 70.
"On a~ certificate executed ~ t~ Secreta~ or an ass~stan~ se~eta~ of t~ C~Da~ sethng out
(i) The Dr~S~Ons of A~iCle V. Section 13 of t~ ~-Laws.
(ii) A co~ of ~ Dower-of-~t~ aDDdining. exec~e~ ~rs~t t~reTo. and
(iii) Cerlif~ng I~al s~ Dower-Of-a11~ aPD~nl is m full f~ce .nO effect.
me s~gnat~e Of T~ certifyrig officer ~ ~ ~ facs~le..no t~ seal of t~ C~pa~ ~ ~ a facs~te t~reof."
.. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA an= of GENERAL INSURANCE COMPANY OF AMERICA.
oo hereby certify tna! The forego,rig extracts of tl~e By-Laws and of a ResOlUhOn of the BoerCl of Directors of these corporations..nO
of a Power of Attorney issued pursuant thereto. are True and correct. and tl~a~ I~OZh the BY-Laws. the Reso~uhon and The POWer Of
.~Ttorney are still ~n full force an= effect.
IN WITNESS WHEREOF, I have hereunto set my hand an= affixed the facsimile seal of said COrporations
t~s 18Oh ~ of July
· lo 97
1193
I~) RegistePee traOeff~artc of $&FECO CotiNlet,m1.
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this 18th day of July, 1997, before me personally appeared Jane K. Botting, known to me to
be the Attorney-in-Fact of Safeco Insurance Company of America, the corporation that executed
the within instrument, and acknowledged to me that such corporation executed the same.
In wireess whereoff I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid County, the day and year in this certificate first above written.
My Commission Expires: March 26, 1998
Notary Public, Mareia'G. Howard
Oakland County, Michigan
MH:033
KNOW ALL BY THESE PRESENTS:
LIMITED POWER
OF ATTORNEY
eAFECC) I~ueANCE ¢C)k,IPAi,~n,, C)F:. ,lddEIIICA
(2EN~IIA~ INSUaANCE' CC~ANY O~ AI~I~RICJk
No. R011
That SAFECO INSURANCE COMPANY OF AMERICA an0 GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corDoration, ooes each herelz/ appoint
.-.CALVIN R. BOYD; JANICE L. LOGUE; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; JAMES A.
W£1SSENBORN: JOHN R. STOLLER; MAUREEN~ E. THDMAS; JANE ,K; BOTT*ll~lG*j'Bloomfle~,l~d Hills,
its true and lawful attor~iey($)-in-fact. with full authority to execute On its beMtf fi(lelity ~ t~e!y Donas or unaertaK~ngs an0 ot~r
oecdeats of a similar cMracter isS~d ~ t~ c~a~ in The course of its D~I~SS. an0 to DinD the resDectwe c~Dany 1nere~ ~n
~oufits Or Danalilies nO~ exceea~ng t~ s~
of ONE MILLION AND NO/100''''"'----?''"''''"''''''""'' DOLLARS (S 1'/000,0.00.00 )
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and OENERAL INSURANCE COMPANY .OF. AMERICA h~ve each
executeo anc~ attestec~ these bresents
this 1 1TH o~ of January . ~ .9~
CERTiFiCATE
Extract frem the By-LawS Of SAFECO INSURANCE COMPANY OF AMERICA
anti of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY ~ SURETY BONDS . , . TM Presi0ent. any Vice Presi~lent. the Secreta~/o anti any AsSisxan~ vice
PresiOent appointeel for tha! purpOSe I~/ the Officer in charge of surety oldrations. sl~all each Mve authOril¥ TO appoint iM[v;auals as
attorneys-inofac! or un0er Oll'~r abPrObria~e Tilles with a~hority tO exec~e on ~MIf of t~ c~a~ fidelity an0 suret~ Donos
other ~Oc~ents of sinilar cMracter i~ ~ t~ C~a~ ~n 1~ co~se of its ~us~ss . . . ~ a~ Instr~en~ ma~ng or ev~oenc~ng
suc~ a~oom~ent, tM s~at~es m~ ~ affixe~ ~ facsmile. ~ a~ ~n~r~nt conferring such a~or~ty or on a~ Don0 Or undertaking
of t~e c~Da~, l~e seal, or a facile thereof. ~ ~ ~resse~ oF affixe~ or in a~ ot~r ~r reDroouceo: ~row0e~. ~owever.
~na~ t~e seat s~all not ~e ~cessa~ to t~ ~li~i~ oi a~ such ~n~r~nt or
E~ract fr~ a ~s~i~ of t~ Boar~ of ~re~ors of ~A~CO INSURANCE CO~AN~ OF AMERICA
a~ of OE~AL INStaNCE COMP&NY OF ~M~IC~ aOo0te~ ~y 28. 1970.
(i) 7~ ~r~is~ons of A~t~cle V. Secti~ 13 of t~ ~-Lews.
(Ji) A co~ of the ~ower-of-~o~ ~n~nt. execmeO ~suam t~eto.
(iii) Certifv~ng t~at sai~ ~owl~-of-~to~ ~~t J~ Jn full force an~ effect.
me s~gna~ure 0f t~ ce~tif~ng office~ ~ ~ ~ facile. an~ ~ eeal of t~ C~a~ m~ ~ a facs~ile
· R, ~,. Pierson. Secretan of SAFECO INSURANCE COMPANY OF AMERICA an~l of GENERAL INSURANCE COMPANY OF AMERICA,
oo nere~/ certify that tM forego,rig extracts of the By-Laws an0 of a Resolution of The Boatel of I~rectors Of these corperin,ohs.
of a Power of ATtorney iSsuecl I)ursuant lherelO. are true an~l certain, anti tl~"t both the By-Laws. the Resolution ~n(~ the Power of
ATtorney are still ~n full force anti effect.
IN WITNESS WHEREOF, ~ have nereurffO Set my hen~ anti affixe(t tM facsimile seal of sai0 corporations
this 18~h ~v of July
· ~g 97
S-O'/51EP Iig3
(~) kogisterea traaem~rk of SAFECO Corporation.
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this 18th day of July, 1997, before me personally appeared Jane K. Botting, known to me to
be the Attorney-in-Fact of Safeco Insurance Company of America, the corporation that executed
the within instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid County, the day and year in this certificate first above written.
My Commission Expires: March 26, 1998
M1-1:033
A® ~ LIMITED POVVER
OF ATTORNEY
KNOW AM. BY THESE PRESENTS:
8011
That SAFECO INSURANCE COMPANY OF AMERICA anc~ OENERAL INSURANCE COMPANY OF AMERICA, each a wasmngton
corp=rat,on. ooas each herel~y appoint
-..CALVIN R. BOYD; JANICE L. LOGU£; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; JAMES A.
WEISSENBORN; JOHN R. STOLLER; MAUREEN. E. THOMAS; JANE~ K¥ B0?T'l,'NGT'~Bt0omfi-~ld Hills,
~ts True anc~ lawful attorney(S)-in'fact, with full authority tO execute:on its behalf ficlelit¥ anti surety I~oncls 0~' urtOgrtaKing$ an= ~r
ooc~ems oi a S~ilar Ch~amer ~i~ ~ the c~a~ in The Co~se Of its ~usi~sS, an~ TO ~n~ t~ res~cT~ve c~Da~ lhere~ ~n
~ounts or ~enaht~es not excee0ing ~ s~
ONE MILLION AND NO/100--------------.-,,----.-...... DOM.A~S (S 1,000,000.00 )
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA anc~ GENERAL INSURANCE COMPANY OF AMERICA' nave each
execute= an= attestecr these presents
11TH c~ of January . ~ 96
CERTIFICATE
Extract fr~m 1he By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of OENERAL INSURANCE COMPANY OF AMERICA:
"Arl~cte V. Seclio~ 13. -.FI~)ELITY AN~ S~ BON~)S . . . the PresiDent, any vice Presiaent. The ~cretery, ancl am/ Assistant vice
Presloent appo~nte= for that Dur'Do~e DV the officer in charge of sure~y Operations, Shall eaCh have authority to aPDOln! ~na~wouas as
aft=mays-in-fact or unaer other aPProPriate titles with authority TO execute on Denall of The ca'r~oam/ fiaelitv ancl surety Donas ana
other ooc~.r~ents of s~milar character tssuecl by the cornDeny in the course of its Dusiness . . . Oft am/ instrument making or ev~aanc~ng
$uc~ appointment. the s~gnatures may De affixeel by facsimile. O~ am/ ~ns~rtJ'nen! cOnfernng SuCh authority or on am/ Doncl or unctertak~rtg
of ~ne comData/. the seal, or a facsimile tt~ereof, may De ~'tDressecl or affixecl Or in am/ other manner reDroclucea: DrovtOecL however.
znaz me seal Shall not De necessary to the valiclit¥ of any SuCh instr~rnent or unclertaKing."
Extrac! fr~m a Resolution Of the Board of Directors of ~AFECO INSURANCE COMPANY OF AMERICA
ar~ of OENERAL INSURANCE COMPANY OF AMERICA aCloptecl July 28. 1970.
"On any certificate executecl I~y the Secretary or an assistant secretary of the CornDeny setting out,
(i) The Dr=visions of Article V. S~ction 13 of the By-Laws. ancl
(ii) A copy of the Dower-of-attorney aDPolnlment. executec~ pursuant thereto. and
(iii) Cartirving that sa~cl Dower-of-attOrney ~DDoln~nent is in full force ancl effect,
me s~gnature of the certifying officer may De Dy facsimile. ana the seal of the C~oany may De a facsimile thereof."
. E. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA ana of GENERAL INSURANCE COMPANY OF AMERICA,
oo hereby certify tnaz ~he foregoing extracts of the By-Laws artCl of a Resolution of the Boaro of Directors of these corD=raft=nS, ~
of a Power of Attorney iSSuecl pursuant thereto. are true anc~ correct. anti that DOth the BY-Laws. the Resolution ancl the Power of
Attorney are Still in full force anO effect.
IN WITNESS WHEREOF, I have hereunto set my hanoi aria affixeel the facsimile seal of said corD=rations
t~s 18~h ~ of July
· 19 97
S- g'lsfEP 1193
® RegiSfarce traaemarK of SAFECO Corporation.
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this 18th day of July, 1997, before me personally appeared Jane K. Botting, known to me to
be the Attorney-in-Fact of Safeco Insurance Company of America, the corporation that executed
the within instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid County, the day and year in this certificate fzrst above written.
My Commission Expires: March 26, 1998
NStaryPublic, Marcia G. Howard
Oakland County, Michigan
M3-1:033
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this l'Sth day of July, 1997, before me, the undersigned authorized employee, personall3,
appeared"Calvin R. Boyd, who acknowledges. ~himselfto be Director of Treasury Operations of
Pulte Home Corporation and that heas such employee :being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the Corporation
by himself as such employee.
My Commission Expires: March 26, 1998
Notary Public, Marcia G. Howard
Oakland County, Michigan
NIH:033