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Agr 2013-07-18 (Trestle Glen Circle Subdivision)
CA RECORDING REQUESTED BY: :t Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development AP # 039-061-91 THIS SPACE FOR RECORDERS USE ONLY SUBDIVISION IMPROVEMENT AGREEMENT TRESTLE GLEN CIRCLE SUBDIVISION TRESTLE GLEN CIRCLE @ TRESTLE GLEN BOULEVARD TIBURON, MARIN COUNTY, CALIFORNIA 1 OF 7 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2013 by and between Trestle Glen Terrace, LLC, a California limited liability co pany (hereinafter "Subdivider "), and the Town of Tiburon, a municipal corporation of the State of California (hereinafter "Town "): WITNESSETH: WHEREAS, Subdivider has presented to the Town for approval a parcel map for the Trestle Glen Circle Subdivision (hereinafter "Subdivision ") and the map has been filed with the Town Clerk for presentation to the Town Council for the Town for its approval, which map is hereby referred to and incorporated herein; and WHEREAS, Subdivider, pursuant to Chapter 14 of the Tiburon Municipal Code, has presented to Town subdivision improvement drawings entitled "Trestle Glen Circle Subdivision Site Improvement Plans ", prepared by Adobe Associates, Inc and consisting of I q sheets dated t� 2013, outlining thereon the improvements to be constructed by Subdivider within the Subdivision (hereinafter "Improvement Plans "), which plans are on file and available for public inspection during business hours at the Town Planning Division; and WHEREAS, said improvements and any other improvements required by Chapter 14 of the Tiburon Municipal Code or by this Agreement will not be completed before the filing of the parcel map of said Subdivision; and WHEREAS, Chapter 14 of the Tiburon Municipal Code requires Subdivider to enter into an agreement with Town agreeing to have said improvements and work completed within the time specified in said agreement. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Subdivider agrees that prior to the expiration of one (1) year from the date hereof it will construct all improvements outlined and set forth on the Improvement Plans and all other improvements required of it to be constructed by the provisions of Chapter 14 of the Tiburon Municipal Code, in effect as of the date of this Agreement, within and for the benefit of the Subdivision. Town may grant extensions of time, in writing, for completion thereof as shall be reasonably necessary for such completion. The one -year period provided for herein shall be tolled if construction of said improvements and/or the issuance of building permits has been prevented by building/development moratorium(s )—not deemed to include growth control ordinances— imposed by Town or other governmental entity(s), for the period of such moratorium(s). Said improvements shall include, but are not necessarily limited to, the following: The acquisition and/or construction of streets and/or common roadways, including clearing, grading, soils stabilization, sub -base, base, pavement, curbs and gutters, sidewalks, retaining walls, storm drainage facilities; sanitary sewer system and 2OF7 appurtenances; a system of domestic water supply, including fire hydrants, services and appurtenances; street lights, underground electrical, natural gas, telephone and television facilities and appurtenances; trail construction; environmental restoration; and all other improvements and appurtenances necessary for a complete scheme of improvements to serve each lot within the Subdivision, including acquisition of any rights of way necessary thereto, and other incidental and related work. Said improvements shall be constructed in accordance with the Improvement Plans In addition, said improvements shall be constructed in accordance with the Tiburon Municipal Code and amendments thereto and in accordance with those specifications contained in the Code, all as the same exist as of the date of this Agreement. The foregoing plans are incorporated herein by reference and made a part hereof, with the following exceptions, additions and modifications: NONE Where there is a conflict between the plans and specifications, the more strict requirements shall govern. 2. Subdivider hereby warrants that the plans and specifications referred to herein are in accordance with the tentative map approval for the project dated November 28, 2012 and the Precise Development Plan approval for the project dated February 1, 2012, together with all conditions made a part of said approval[s]. Subdivider further warrants that said plans and specifications are adequate to accomplish the improvement work covered by this Agreement in a good workmanlike manner, and in accordance with accepted construction practices. Should said plans and specifications at any time prior to final acceptance of improvements referred to herein prove to be inadequate in any respect, then Subdivider does agree to make such changes as are necessary to accomplish said work in a good workmanlike manner and in accordance with accepted construction practices. 3. Upon final completion of all of said work in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same. Subdivider agrees that for a period of one (1) year from and after the date of receipt of said written acknowledgement of completion of said work it will maintain all of the improvements constructed under the provisions of this Agreement, that it will repair any defects or failures which may appear in said improvements during said one -year period and that it will further correct the causes of said defects or failures. Provided that Subdivider has complied with the terms of this Agreement in all respects, Town shall, upon completion of said one -year period, notify Subdivider in writing of its final acceptance of said improvements. Neither the written acknowledgement of completion hereinabove referred to nor any periodic progress inspection or approval shall bind the Town to accept said improvements or to waive any defect in the same or any breach of this Agreement. Acceptance of any part or any stage of said improvement work shall not be final until the written notice of final acceptance of all of the improvements shall have been delivered to Subdivider as required herein. 3OF7 4. All inspection services rendered in connection with the work covered by this Agreement shall be paid for by Subdivider at the actual cost to Town. 5. Should Subdivider fail to construct the improvements within the time specified in Paragraph 1, including all extension(s), if any, Subdivider shall immediately discontinue all work under this Agreement. In such event, Subdivider shall either make arrangements satisfactory to Town for completion of said work, or Town may immediately proceed to complete the improvements by contract or otherwise and recover the cost thereof from Subdivider. 6. Prior to starting any construction of improvements called for by this Agreement, Subdivider shall meet the following conditions: (a) The before described improvement plan and specifications shall be adjusted, if necessary, to meet: 1. Any changes in the terrain which may occur after the execution of this Agreement and prior to the commencement of the construction of the improvements; and 2. Any engineering standards new to the profession and applicable to the Subdivision. Said plans and specifications shall be subject to the reasonable written final approval of the Town Engineer. (b) Upon execution of this Agreement, Subdivider shall post the improvement securities listed below, as required by § § 66496 and 66499 — 66499. 10, inclusive, of the California Government Code. The form of security shall be subject to the approval of the Town Attorney. Any additions, alterations or modifications to this Agreement or to the plans and specifications referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the required securities. The Town Engineer shall determine the estimated cost of the improvements and monuments. 1. For faithful performance of this Agreement: 100% (one hundred percent) of the estimated cost of the improvements, determined to be $987,338. _ 2. For payment of all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of this Agreement: 100% (one hundred percent) of the estimated cost of the improvements, determined to be $987,338. 3. For payment of the project engineer or surveyor for setting of the final monuments for the Subdivision: 100% (one hundred percent) of the estimated cost of setting such monuments: NOT REQUIRED AS MONUMENTS ARE ALREADY SET. 4OF7 (c) Subdivider shall pay Town the estimated inspection fees at issuance of the grading permit as determined by the Town Engineer (3% of value of the improvements). 7. Upon final completion of all improvements in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same and Town shall take all steps necessary for the release of any security held by Town, and shall release such security upon the posting by Subdivider of the security referred to in Paragraph 8 below. 8. Upon final completion of all improvements in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same and Subdivider shall then furnish security whether it be cash, bond, or letter of credit, in accordance with the provisions of California Government Coded Sections 66499 - 66499.10, in an amount equal to Ten percent (10 %) of the cost of the improvements as security for the maintenance and repair of the improvements for a one - year period. The form of the security shall be subject to the reasonable approval of the Town Attorney. Upon the final acceptance of said improvements as referred to in Paragraph 3, Town immediately shall release such security held. 9. Should Town be required to institute legal action to compel performance of this Agreement, Subdivider agrees to pay all reasonable attorneys fees, costs of suit, and all other expenses of litigation incurred by Town in connection therewith. 10. Town shall not be responsible for any of the costs of said improvements or for the performance or non - performance of the work of construction of said improvements, and Subdivider shall hold Town free and harmless from any claim or liability resulting from or arising out of the same. 11. Subdivider shall have sole responsibility for making all arrangements and assuming all expenses as may be required in connection with the furnishing and installing of utility service facilities. 12. Subdivider shall not commence work under this Agreement until contractor and any subcontractors have obtained all insurance required under this paragraph, and such insurance has been approved by the Town Attorney as to form, amount and carrier. All requirements shall appear either in the body of the insurance policy or in endorsements and shall specifically bind the insurance carrier. (a) Workers' Compensation and Employers' Liability insurance in the statutory coverage. In signing this Agreement, Subdivider makes the following certification: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." 5OF7 (b) Commercial General Liability Insurance: In an amount not less than two million dollars ($2,000,000.00) for injuries including, but not limited to, death to any one person, and including blanket contractual liability, and subject to the same limit for each person, in an amount not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. Town shall be added as an additional insured such that the coverage provided to the Town is primary and non - contributory. (c) Automobile Liability (Code 1) Insurance: In an amount not less than one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage and an aggregate two million dollars ($2,000,000) annually. Town shall be added as an additional insured such that the coverage provided to the Town is primary and non - contributory. (d) It is agreed that the insurance required by Subsections (b) and (c) shall be in an aggregate amount of not less than two million dollars ($2,000,000.00) and shall be extended to include as additional insureds the Town of Tiburon, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Subdivider as described herein, and said coverage shall be primary and non - contributory. Evidence of the insurance described above shall be provided to Town upon execution of this Agreement and shall be subject to approval by the Town Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to Town. In addition, the following endorsement shall be made on the policy of insurance. "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the Town of Tiburon shall be primary as to any other insurance or reinsurance covering or available to the Town of Tiburon, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 13. Subdivider shall indemnify, defend an hold Town harmless from any liability for damage or claims for damage to persons or real or personal property (including, without limitation, claims for inverse condemnation) arising or alleged to arise from the operations of Subdivider or Subdivider's contractors, subcontractors, agents or employees in connection with the performance of this Agreement. Subdivider's obligation under this section apply to all claims or actions at law arising from the aforesaid operations, regardless of whether Town has prepared, supplied or approved of plans and/or specifications for the Subdivision or regardless of whether the insurance policies required by this Agreement apply to such damages or claims for damages. For purposes of this Section, "Town" includes, without limitation, the Town's elective and appointive boards, commissions, officers, agents and employees. 6OF7 14. This Agreement applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. Subdivider reserves the right to transfer the property and the rights and duties under this Agreement shall pass to said transferee and subsequent transferees, if any, without modification. 15. This Agreement shall be subject to and shall be deemed to incorporate by reference as if set forth in full herein all applicable provisions of the State Subdivision Map Act sections 66499 through 66499.10 and Chapter 14 of the Tiburon Municipal Code applicable and in effect as of the date of this Agreement. 16. The laws of the State of California shall govern this Agreement. In the event a dispute arises between the parties relating to this Agreement, the proper venue for resolving that dispute is the County of Marin. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SUBDIVIDER: TRESTLE GLEN TERRACE, LLC A California Limited Liability Company By: Arthur Giovar Its: Managing Mem er TOWN: TOWN OF TIBURON A Municipal Corporation Y• Margaret . Curran Its: Town Manger Approved as to Form: Ann R. Danforth Town Attorney 7OF7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 et / / ",/ On before me, `r /)'�C �`( 1 <G�r`1 .�.L''�;�r'� Date Here Insert Name and Title of the Officer Pull personally appeared . L DIAL CRANE IACOPI CorllnMosa" # 2026625 N"y Pubk - CsldorrAs kftft Cowlty MV ColtM0. Exon May 31, 2017 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /fey executed the same in his /her eK authorized capacity(ies), and that by his /herA.hen signature(s) on the instrument the person(s), 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 h . r d, Kkial seal. ^� Signature:'' Place Notary Seal Above Signature ofXotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title gr Type of Document: 5.'`�L r U�l�(VA Doc m� nt D 1 ` - -/11 L b� 3 J Number of Pages: Si�(�r�r'�' l ,*4, (�C�J��(L �:ti ! ,, > LcJ�o//lAd, U-.4 �y / ner(s) Other Than Named Abov �' j! ��° �r-� Ca aci tY(ies ) Claimed by Signer(s) �w t r fiiei, Signer's Name: _-�.� ✓'-� �'� Signer's Name: ' Corporate Officer — Title(s): r 2t4 2 t w ❑ Corporate Officer — Title(s): ❑ Individual �� ?� Y'� -"�" ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t,-ef :P G - t 0 If. � 10 ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2012 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 tic (. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of u ;r ?v 6,A- On before me, Date personally appeared DIANE CRANE IACOPI Commis :ion * 2026625 Notary Public - California Morin County My Comm. Expirn May 31, 2017 _�Tkd'12_ Here In Name a Title of the Officer CIVIL CODE § 1189 V Name(s) of Signer(s) s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aFe subscribed to the within instrument and acknowledged to me that be /she /thW executed the same in his/her/their authorized capacity(ies), and that by kis /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han nd o 'jbial seal. Signature: ;T Place Notary Seal Above Signature oKNofary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument Title or Type of Qocument: `,A)ef`i v`5 /�� --� � �v°�'� f �� ���-fi �vy eti yr t� � . S �c &G,20 DocuTen Dale: �- M / ���-� Number of Pages: y `' r 7 _�, —' 6gner(s) Other Than Named Above: ( /'tom 6i, 6V 2--y' ' Capacity(ies) Claimed by Signer(s) Signer's Name: Zl �Z'✓ %'-� -- E Q-Corporate Officer —. itle(s): ❑ Individual A( -'f /V �i E'PIK, ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: &Jt 0 ^ J 1� Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U 2012 National Notary Association • Nationa/Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 r HEFFERNAN INSURANCE BROKERS A Member of the Heffernan Group July 17, 2013 Tiburon Town Hall Ann Danforth 1505 Tiburon Blvd. Tiburon, CA 94920 H F C F � V E 9 JUL 18 2013 TOWN ATTORNEY'S OFFICE TOWN OF TIBURON BOND DESCRIPTION: Town of Tiburon General Improvement Bond for Trestle Glen Circle Subdivision Site Improvement Plan Bond Amount: $992,838 BOND NUMBER: 4386555 Dear Ann, We are pleased to enclose the above notarized bonds. Please have the bonds signed by Arthur Giovara where it is indicated for signature before accepting the bonds. If you have any questions, my direct line is 925 - 942 -4698 or I can be reached via email at JuliaP @heffins.com. Sincerely, Ju 'a Pitta d Account Manager Encl �2 _ c 1350 Carlback Ave. • Suite 200 • P.O. Box 5608 • Walnut Creek, CA 94596 • Phone 925.934.8500 • Fax 925.934.8278 • www.heffgroup.com License #0564249 FIRST TERM PREMIUM FULLY EARNER Band Number : 4386555 Premium, $ 17,893.00 SUBDIVISION BOND FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That, Trestle Glen Terrace, LLC , as Principal, and the SureTec Insurance Company a corporation organized and existing under the laws of the State of TX and authorized to transact surety business in the State of CA as Surety, are held and ftrnnly bound unto Town of Tiburon , as Obligee, in the sure of Nine Hundred Ninety Two Thousand Eight Hundred Thirty Eight Dollars and 00/100 DOLLARS ( $992,838.00 ), for which the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contmctlagreement, dated July 1, 2013 with the Obligee to do and perform the following work; to wit: Trestle Glen Circle Subdivision Site Improvement Plan NOW, TI-IEREFOR.E, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED. July 17, 2013 (Surety) (Principal) Trestle Glen Terrace, LLC Sure By: j , By: Z I rZo C Dav POA #: 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, Texas, does by these presents make, constitute and appoint David Harris, Stephanie Warden, Heather Pate, Julia Pitta its true and lawful Attorn ey -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 waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($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 duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under 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 Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -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 undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e 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 17th day of October , A.D. 2012 . 1p,.N, NC„� SURETEC INSU E C PANY w�. -� •� By: w } w ; v John o Jr., resident State of Texas ss: 7': 5 / County of Harris `� •`` �•��'` On this 17th day of October , A.D. 2012 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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 affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDExpires �= Notary Public, Stat acq ely aldo ado, Notary Public My Commission May 18, 20 y comm Sion ex es May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under env hard and the seal of said Company at Houston, Texas this 1 7th day of July 2013 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of CONTRA COSTA On July 17, 2013 before me, personally appeared David Harris Julia Pitta, a Notary Public (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. r /1 of NoT"ary PuubTrc Julia Pitta, Notary Public - State of California ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Bond for Faithful Performance (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date July 17.2013 Trestle Glen Terrace. LLC (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ JULIA PITTA _ a �_ =a► i;l Z Commission # 1924334 Notary Public California z D .. My Santa Clara County Comm. Expires Feb 4, 2015 a Partner(s) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Bond for Faithful Performance (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date July 17.2013 Trestle Glen Terrace. LLC (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA x12.10.07 800 - 873 -9865 Nxww.NotaryCI asses. com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly, completed and attached to that document. The only, exception is if a document is to be recorded outside of California. In such instances, an), alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity, of the signer). Please check the document carodly.for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print--his or her name as it appears within his or her commission followed by a connma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 4e'she /*ey— is /are ) or circling the correct forins. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Bond Number: 4386555 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MIEN BY THESE PRESENTS; That we, Trestle Glen Terrace, LLC , as Principal, and SureTec Insurance Company gs Surety, are held and firmly bound unto Town of Tiburon , as Obligee, in the sum of Nine Hundred Ninety Two Thousand Eight Hundred Thirty Eight Dollars and 00/100 DOLLARS ($992,838.00 ), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves jointly and severally, firmly by these presents. TIC CONDITION OF THIS OLBIGATION I5 SUCK That, Whereas, said Principal has entered into a Subdivision .Agreement with the Obligee, dated July 1, 2013 , in which, said Principal agrees to construct designated public improvements, as follows: Trestle Glen Circle Subdivision Site Improvement Plan And, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor car subcontractor fails to pay for any materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above. This bond shall insure to the benefit of the contractor, his subcontractors, and to pelsoris renting equipment or furnishing labor and materials to them for the improvements. SIGNED, SEALED, DATED: July 17, 2013 (suety) (Principal) Trestle Glen Terrace, LLC SureTec suran C mpa By: By: David H ris , Attorney In Fact POA #: 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, Texas, does by these presents make, constitute and appoint David Harris, Stephanie Worden, Heather Pate, Julia Pitta its true and lawful Attorney -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 waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($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 duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force_ until 10/31/2013 and is made under 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 Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(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 undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h 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 17th day of October , A.D. 2012 , .h,.,ft'v SURETEC INSU EC PANY - 1 19 Anr F w 1 ;u n= John o Jr., resident State of Texas ss: 7� ;••` 1 5 f County of Harris -•��' On this 17th day of October , A.D. 2012 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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 affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JAC9UELYN MALDONAD0 rA Notary Public, State of Texas My Commission Expires ty cq elyn aldo ado, Notary Public �'� May 18, 2013 comet Sion ex ' es May 18, 2013 "'Sit � I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are ir frill force and effect. Given under my hand and the sal of said Company at Houston, Texas this 17th day of July , 2013 , A.D. 9 LAitIL M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of CONTRA COSTA On July 17, 2013 before me, Julia Pitta, a Notary Public (Here insert name and title of the officer) personally appeared David Harris who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. otary Public Julia Pitta, Notary Public - State of California ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Bond for Labor & Material /Payment (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date July 17, 2013 Trestle Glen Terrace. LLC (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ JULIA PITTA \, Commission # 1924334 a =k =a► Notary Public - California z Z j >`.,; Santa Clara County N My Comm. Expires Feb 4, 2015 a e Trustee(s) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Bond for Labor & Material /Payment (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date July 17, 2013 Trestle Glen Terrace. LLC (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) N Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Vcrsiorn C APA vl2.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only, exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary, to do something that is illegal for a notary in California (i.e. certifying the authorized capacity, of the signer). Please check the document carefully.for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print--his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 6&'sheit+ey; is lafe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a dil Brent acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document APN NO. 039- 061 -91 Recording Requested By: TOWN OF TIBURON Return to: Director of Community Development Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 This document is for the benefit of the Town of Tiburon. US-WEST 803782893.1 AGREEMENT REGARDING TREE INSTALLATION AND MAINTENANCE FOR THE TRESTLE GLEN CIRCLE SUBDIVISION AGREEMENT REGARDING TREE INSTALLATION AND MAINTENANCE This Agreement is made and entered into this day of t,, , 2013, by and between the Town of Tiburon, a municipal corporation, ( "Town ") and Trestle Glen Terrace, LLC, a California limited liability company ( "Owner" and) and is based upon the following facts: (a) Owner holds title to that certain real property ( "Property ") described in Exhibit "A" attached hereto; and (b) Owner desires to subdivide the Property into three residential lots ( "Lot" or "Lots "). In the process of development and subdivision of the Property, Owner will remove 24 native trees. The Town will require that thirty -six (36) replacement trees be planted on the Property as a condition to removal of the twenty -four (24) existing trees. Ten (10) replacement trees will be planted in connection with the installation of the subdivision improvements along the Trestle Glen Boulevard frontage. The remaining twenty -six (26) replacement trees will be planted by the individual Lot owners after construction of a residence on each Lot. The Town recognizes that planting the required trees is not appropriate until construction of the new residences is complete on each of the three Lots. Once the construction of the residence is complete on each Lot, the then Owner of such Lot shall be obligated to plant the required trees in order to obtain a final inspection and Certificate of Occupancy for the newly constructed residence. (c) The Town has agreed to defer the requirement that the replacement trees be planted by the individual Lot owners until completion of construction of the residence on each Lot on the conditions set forth in this Agreement. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owner agrees on behalf of himself, his heirs, successors and assigns that, in order to obtain a final inspection and Certificate of Occupancy for any newly constructed residence on a Lot within the Property, Owner shall be required to plant the required number of 15 gallon coast live oak trees ( "Trees ") on the Lot. For Lot 1, sixteen (16) Trees shall be required, for Lot 2, three (3) Trees shall be required and for Lot 3, seven (7) Trees shall be required. Owner further agrees that the specific location of the Trees shall be reviewed and approved by the Town in consultation with the Tiburon Fire Protection District. Owner further agrees that the Trees shall be maintained in healthy condition in accordance with standard arboreal practices and that any dead or unsuccessful Trees shall be inspected annually and replaced if warranted for a five (5) year period after the initial installation. US-WEST 803782893.1 2. Owner agrees that his obligations hereunder shall run with the Property and that the Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by Owner hereunder shall be binding on all parties having or acquiring any right, title, or interest in the Property. OWNER: Trestle Glen Terrace, L,, a California limited liability company By: Arthur Giovara Its: Managing Member TOWN OF TIBURON: By: �' - -- Margaret A. C an, Town Manager APPROVED AS TO FORM: By: Ann R. Danforth, Town Attorney Attachment: Exhibit "A" US-WEST 803782893.1 EXHIBIT "A" All that certain real property situate in the Town of Tiburon, County of Marin, State of California, more particularly described as follows: Lots 1, 2 and 3 of Trestle Glen Circle Subdivision, in the Town of Tiburon, County of Marin, according to the Map entitled "Parcel Map, Trestle Glen Circle ", filed in Booka o 15of Maps, at Page 9 , Marin County Records on J LA L� 11 , 2013, and recorded as Instrument Number 2013-0 O �i��� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of f )4 I _ On before me, r�� �`y Z7 6,� �,4y^ ` J((,) IL Date Here Insert Name and Title of the Officer personally appeared `r � . i� -�j1/ ` ' C'V_� Vim. Name(s) of Signer(s) CIVIL CODE § 1189 Place Notary Seal Above Signature of Nota/Btilic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type f Document: - XI -fi�v ki-,g 14 t Date: �� ' Number oT F�ages:. f t j t y �4 e IL Y �C the T_ anf Named Above: % `� i ✓� °� law u� ,� f % %r acity(iesj 6lai d by Signers) G�',R,' 7 ;l^I%� Signer's Name: / TlLey' lid 1,ek . Signer's Name: IP Corporate Officer — Title(s): j/1 ? ❑ Corporate Officer — Title(s): ❑ Individual f'' lam' ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v LU72 National Notary Association -0 Nationa/Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 who proved to me on the basis of satisfactory evidence to be the persons) whose name(&) is /arra subscribed to the within instrument and acknowledged to me that he /shsA44ey executed the same in his/her authorized capacity(ies), and that by DIANE CRANE IAC- Pt C0 =W0" 202 his/hefi449jr signature(s) on the instrument the Notup Public • Csliforni� person(&), or the entity upon behalf of which the 11VW rm Coaq Conan• Ex ' es Ms 31, 2011 persons) 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 ,an` ill` seal. Signature: " Place Notary Seal Above Signature of Nota/Btilic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type f Document: - XI -fi�v ki-,g 14 t Date: �� ' Number oT F�ages:. f t j t y �4 e IL Y �C the T_ anf Named Above: % `� i ✓� °� law u� ,� f % %r acity(iesj 6lai d by Signers) G�',R,' 7 ;l^I%� Signer's Name: / TlLey' lid 1,ek . Signer's Name: IP Corporate Officer — Title(s): j/1 ? ❑ Corporate Officer — Title(s): ❑ Individual f'' lam' ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v LU72 National Notary Association -0 Nationa/Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ; On f l before me, Date personally appeared ZI2 -►-( '" DIANE CRANE IACOPI CommWoa i 2028625 Nonry P�lic - Caorma Win Cooty My COW. May 31, 201 T Place Notary Seal Above Here Insert Name and Title of the Officer U Name(s) of Signer(s) CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is /aFe subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hts/her/Wwerr authorized capacity(ies), and that by JWs /her /tl & signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mypand n icral seal. i Signature: Signature of NKary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached cument Title or Type of Document: i' E't�l :� P S 7� 6 7�', I, r Dqc ment Date / qi �G�„gn,$) Other Than Named Above: A_� 4t Capacity(ies) Claimed by Signer(s) f9 Signer's Name: % c'�� �' '1 14 (I ry-y -?%, ,V-- Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Nurn br of Pages: r2 A' L Af.�i Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2012 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development AP # 039 - 061 -91 This document is for the benefit of the Town of Tiburon. THIS SPACE FOR RECORDERS USE ONLY GRANT OF OPEN SPACE EASEMENT (WITH RESOLUTION OF ACCEPTANCE ATTACHED) TRESTLE GLEN CIRCLE SUBDIVISION TRESTLE GLEN CIRCLE @ TRESTLE GLEN BOULEVARD TIBURON, MARIN COUNTY, CALIFORNIA 1 OF 4 GRANT OF OPEN SPACE EASEMENT This GRANT OF OPEN SPACE EASEMENT ( "Open Space Easement ") is made this 7 4 k day of Tune— 20139 by Trestle Glen Terrace, LLC, a California limited liability company ( "Grantor "). RECITALS A. Grantor is the owner of certain real property ( "Property ") situated in the County of Marin, State of California, more particularly described as follows: All that real property shown on the "Parcel Map, Trestle Glen Circle Subdivision ", recorded in Book 201 3 of Maps at Page 4;y , Marin County Records, on J L4 L--/ l , 2013, and recorded as Instrument Number 2013- o B. Grantor desires to grant to the Town of Tiburon ( "Grantee "), an open space easement on, upon, over, across and under that portion of the Property described as follows: All those portions of Lots 1, 2, and 3 shown as "Open Space" on the above - referenced Parcel Map. C. The purpose of the Open Space Easement is to preserve the area in its natural, scenic and open space condition for the preservation of the open space character of the area. NOW, THEREFORE, Grantor hereby grants to Grantee a permanent Open Space Easement over all that property described in paragraph `B" above, subject to the following conditions and restrictions: 1. Use Restrictions. All use of the Open Space Easement shall be compatible with the preservation of the Open Space Easement in its natural, scenic and open space condition. No use of the Open Space Easement shall be made that would impair or interfere with the natural, scenic, open space and other environmental values of the Open Space Easement. No buildings, structures, or other improvements shall be constructed on, no natural resources shall be extracted from, and no activities shall be conducted in, the Open Space Easement that would diminish, damage, or destroy any physical or scenic characteristic of the Open Space Easement. No planting of trees or other vegetation is permitted without express written permission of the Town of Tiburon. No cutting of vegetation is permitted without prior approval of an encroachment permit by the Town of Tiburon, except the cutting back of weeds, grasses or other vegetation for fire- prevention purposes. There shall be no dumping or accumulation of trash, green waste, garbage or other offensive material in the Open Space Easement. Grantor and Grantee acknowledge the existence of various other easements on the Property, including but not limited sewer and storm drain easements, all as shown on the above - referenced Parcel Map, and also acknowledge the existence of an Tree Installation and Maintenance Agreement, required by the Town of Tiburon, for oak tree replacement 2OF4 planting, some of which may be planted within the lower reaches of the Open Space Easement. 2. No Public Access Excepting_ Within Public Access Easements. The granting of this Open Space Easement and its acceptance by Grantee does not authorize and is not to be construed as authorizing members of the public to enter upon or to use the Open Space Easement in any manner whatsoever without the consent of the owner of the Property. This provision shall not prevent Grantor, or his successors or assigns, at any time in the future, from dedicating or granting public access over all or portions of the Open Space Easement. 3. Access by Grantee. The Grantee, its successors or assigns, shall have the right, from time to time, during business hours on business days and after giving reasonable prior notice to the owner of the Property, to enter the Open Space Easement and to inspect the Open Space Easement for the purpose of determining compliance with the terms and conditions of this Grant of Easement. 4. Non - liability. The Grantee, its successors or assigns, shall have no responsibility or liability of any kind whatsoever in connection with the use or maintenance of the Open Space Easement area or any part thereof. All responsibility and liability for the Open Space Easement area shall remain with Grantor and its successors' in interest. Except in the event of injury or death of any person utilizing the Open Space Easement for which injury or death liability is sought to be imposed on either party hereto, Grantor shall not be liable for the consequences of acts or omissions that are directly attributable to Grantee or its officers, agents, employees or contractors. 5. Enforceable Restrictions. This Open Space Easement and each and every term, condition and restriction is intended for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article XIII of the California Constitution. This Open Space Easement shall bind Grantor and his successors or assigns and shall run with the land. 6. Unenforceable Restriction. If any provision of this Open Space Easement or the covenants and restrictions contained herein shall be held to be unenforceable by a court of competent jurisdiction, this instrument shall be construed as if such provision had not been included herein. If any provision hereof is ambiguous or shall be subject to two or more interpretations, one or more of which would render such provision invalid or inconsistent with the open space purposes of this Open Space Easement, then such provision shall be given the interpretation that would render it valid and would be consistent with the open space purposes of this Open Space Easement. 3 OF 4 IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first written above. TRESTLE GLEN TERRACE, LLC A California Limited Liability Company By: Arthur Giov Its: Managing Member 4OF4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of r' 1 On �� before me, 7�` ti //l Date Here Insert Name and Title of the Officer personally appeared Y �t,'il L' i Y'' Name(s) of Signer(s) ---------- DIANE CRANE IACOPI Comnlifflia * 202860 Nogry Pry • cows"" MWM Cowly MY c�. s> > who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is /are subscribed to the within instrument and acknowledged to me that he /sheftey executed the same in his/her04eir authorized capacity(+es), and that by his /he 4lhair signature(4) on the instrument the person(s), or the entity upon behalf of which the person {s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a i ' `fl seal. Signature: Place Notary Seal Above Signature of Not ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document,1 Description of Attached Document G ,Q� �f L�1't �s� t� r- Title or Type of Document: 7i�,�,t �. ,, c r 61 6 ci i v�1i o, Z Irei 'lG= t , r t � n : f Gc' ✓� -� -�`� D tD t ti ' - ) :7 3 / r F,fA- l ✓. f' 4 4 Wh t r� .y- ocumen a e. Nu er of Pages. Signer(s) Other Than Named Above: V Capacity(ies) Claimed by Signer(s) Signer's Name: AT ? �, Corporate Officer — Title(s): i Z-Vl z ❑ Individual n, ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Im Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r"r1 c 7 ,/L, sf © 2012 National Notary Association • NationalNotary.org 0 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 RESOLUTION NO. 28-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE CREATION OF THREE LOTS ON 14.46 ACRES OF LAND ALONG TRESTLE GLEN BOULEVARD; ACCEPTING A GRANT OF OPEN SPACE EASEMENT OVER PORTIONS OF SAID 14.46 ACRES; APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR SAID PROJECT; APPROVING AN AGREEMENT REGARDING INSTALLATION AND MAINTENANCE OF OAK TREE REPLACEMENT LANDSCAPING, AND TAKING OTHER RELATED ACTIONS WITH RESPECT TO THE TRESTLE GLEN CIRCLE SUBDIVISION ASSESSOR PARCEL NUMBER 39- 061 -91 RECITALS 1. A parcel map proposing the subdivision of a 14.46 -acre parcel along Trestle Glen Boulevard into three (3) lots has been submitted by the property owner, Trestle Glen Terrace LLC. 2. The submitted map has been examined by the Town Engineer and returned to the Town Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance. 3. The Town Engineer and Planning Department Staff have determined that the map is in substantial conformance with an approved Precise Development Plan (Resolution No. 06 -2012) and an approved Tentative Map (Planning Commission Resolution No. 2012 -16), and that all required conditions of approval for the parcel map recordation, including bonding of improvements, have been met. 4. A Grant of Open Space Easement (under separate instrument) has been offered to the Town in conjunction with the parcel map. An Agreement for Tree Installation and Maintenance (under separate instrument), and a Subdivision Improvement Agreement (under separate instrument) have also been submitted in conjunction with the parcel map. A Declaration of Restrictions (CC &R's) and a Declaration for Shared Roadway and Related Improvements for the project have been reviewed and found acceptable by the Town Attorney and Director of Community Development. APPROVAL OF MAP AND ACCEPTANCE OF OFFERS OF DEDICATION NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the map entitled "Parcel Map, Trestle Glen Circle" (5 sheets), prepared by Adobe Associates, Inc., dated July, 2013; accepts the offer of dedication of the 10 foot wide right -of -way strip along Trestle Glen Boulevard, accepts the offer of release of abutter's rights along Trestle Glen Boulevard; accepts the grants (by separate instrument) of open space easements, rejects all other offers of dedication offered on said map; and does direct that said map be duly recorded with Marin County Recorder, together with the Declaration of Restrictions and the Declaration of Shared Roadway and Related Improvements. Tiburon Town Council Resolution No. 28 -2013 0711712013 ACCEPTANCE OF GRANTS OF OPEN SPACE EASEMENT BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby accepts the Grant of Open Space Easement (under separate instrument) over portions of Lots 1, 2 and 3 and authorizes the Town Manager to ensure its recordation along with a certified copy of this Resolution. APPROVAL OF AGREEMENTS BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby approves the Subdivision Improvement Agreement for the Trestle Glen Circle Subdivision and the Tree Installation and Maintenance Agreement for the Trestle Glen Circle Subdivision and authorizes the Town Manager to negotiate any final minor revisions, execute and record said Agreements. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 17, 2013 by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: O'Donnell ATTEST: DIANE CRANE IACOPI, TOWN CLERK ALICE FREDERICKS, VICE -MAYOR TOWN OF TIBURON Tiburon Town Council Resolution No. 28 -2013 0711712013 2