HomeMy WebLinkAbout01610 - FLETCHER HILLS VENTURE CONSTRUCTION SUBDIVISION IMPROVEMENT PM 15826 RECORDING REQUESTED BY,
STEWART TITLE CO. ..w:" 4
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City of Palm Springs
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m (Following recording, return to:
4 'o �� l (City Clerk, City of Palm Springs
o � a c m rs (Post Office Box 1786
o a = a �� (Palm Springs, CA 92263
4*% July 8, 1988
STEWART TITLE COMPANY OF RIVERSIDE COUNTY
74075 E1 Paseo, Suite A
Palm Desert, California 92260
zt Gentlemen: T
Escrow No. 01208157 y
Subject to the closing of Escrow No, 01208157, the City of Palm
Springs does hereby release the following Sureties for Faithful Performance
for Parcel Map 15826:
1. Instrument of Credit (Faithful Performance)
Far West Federal Bank
Portland, Oregon
Signed and dated: February 5, 1988
2. Subdivision Improvement Agreement
Fletcher Hills Venture, Inc. ,
and the City of Palm Springs
Signed and dated: July 17, 1980
3. Labor of Materials Bond
Bond No. 100406A
Developers Insurance Company
Dated: June 23, 1980
4. Maintenance of Improvements Bond
Bond No. 100407
Developers insurance Company
Dated: June 23, 1980
5. Bond for Faithful Performance of Monumentation
Bond No. 100405
Developers Insurance Company
Dated: June 23, 1980
THE CITY OF PALM SPRINGS, /y
_ A Municipal Corporation
i ,F'p✓6 v' �.�L'�%✓cry Lf/�/,c/l�f(�fr�
l"s U l-' i .. —NO RMAN-4R i'n�T*&-5 'v i y a-n-&g r
NRK:MMMUNI Y or
VELOPI14EM1
Post Office Box 1786, Palm Springs, California 92263-1786
CORPORATE ACKNOWLEDGMENT No 202
I \
State of � IDnthis the da of �•�--�/ 19 before me, in
County of
the undersigned Notary Public,personally appeared
Ir' / f /J O
I;
'Spersonallyl<now me
proved tome on the basis of satisfactory evidence i
to be theperson(s)who executed the within instrument as i
�JP�r( oron behalf of the corporationtherem I
f'r �NOTAFP/PL LIC ('r Ltr OftNl9 /
�� Rnie�sloecouN� f named,and acknowledged" tdfie that the corporation executed it.
"
My Comm E..p es Dec 2� 1990 ��
WITW-:SS my hand and official seal.
roofary s Signature
------------
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7120 122 NATIONAL NOTARY ASSOCIATION•8236 Rearil Ave •P O.Box 7184•Canoga Park,CA 91304-7184
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0Fletcher Hills Venture,Inc.-
CITY OF PALM SPRINGS Constr subdiv impr for Parcel
Map 15826
SUBDIVISION IMPROVEMENT AGREEMENT AGREEMENT #1610 (Original)
6-23-80
THIS AGREEMENT, made and entered into this, _:.) day of
by and between Fletcher Hills Venture, Inc. =-----------------==--------------------;
hereinafter collectively referred to as "Subdivider" and CITY OF PALM SPRINGS , a
municipal corporation of the State of California, hereinafter referred to as "CITY" ;
WITNESSETH:
WHEREAS , Subdivider has prepared and filed a final subdivision map of Parcel Map
No. 15826 in the City of Palm Springs , County of Riverside, for approval
by City; and
WHEREAS , as a condition precedent to the approval of said map by City, Sub-
divider is required to offer for dedication those parcels of land intended for
streets , highways and other public use, and also to construct and install or agree to
construct and install certain improvements; and
WHEREAS, Subdivider, by said map, has offered for dedication to City for public
use the streets and easements shown on said map; and
WHEREAS, City desires to accept the streets and easements shown on said map for
public use, and certain other such improvements; and
WHEREAS, as a condition precedent to the acceptance of the dedication of such
streets and easements by City, Subdivider is required to enter into an agreement with
the City to construct certain improvements; and
WHEREAS , the total cost of such improvements has been estimated by the City
Engineer to be approximately $ 98,500.00 ------------------------- ;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows :
1 . Subdivider, at his sole cost and expense, shall construct and install the
street, drainage, domestic water, sanitary sewer and other improvements required to
be constructed or agreed to be constructed as a condition precedent to the
approval of said final map, and acceptance of such streets and easements , as shown
on the "Improvement Plans for Parcel Map 15826 " a copy of which is now on file
in the office of the City Engineer of the City and which is referred to and
incorporated herein as though set forth in full .
2. Subdivider shall furnish to City good and sufficient bonds executed by a
corporation authorized to transact surety business in the State of California on
forms approved by City, one bond in the sum of $ 98 5 , -------- to assure the
faithful performance of this Agreement, and one on in the sum of 4499,250.00 ---
to assure payment of' the cost of the labor and materials for the improvements
required to be constructed or installed hereby.
Both of said bonds shall be deemed exonerated upon acceptance by the City of
the improvements , and the furnishing of a maintenance bond in the amount of
$ 15,000.00 ------ Said maintenance bond shall remain in effect for a period of
one year from date of acceptance of the improvements.
3. Before final approval of street improvements , the subdivider will place
survey monuments in accordance with the provisions of the State Subdivision Map
Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract
Map.
The subdivider, after setting the monuments , shall furnish the City Engineer
of the City of Palm Springs , written notice of the setting said monuments and
written proof of having paid the engineer or surveyor for the setting of said
monuments, or as provided for in the Subdivision Map Act.
Subdivision Improvement Agreement
Page 2
4. In accordance with the terms of said subdivision regulation aforesaid ,
the subdivider does hereby agree to furnish a good and sufficient bond in the
amount of $ 1 ,000.00 --_to guarantee paynient of the cost of setting monuments
as stated in Item No 3 of this agreement.
5. The City Engineer or his duly authorized representative, upon written
request of Subdivider, shall inspect the improvements herein agreed to be con-
structed and installed by Subdivider, and, if determined to be in accordance
with the applicable City standards, shall recommend the acceptance of such
improvements by the City.
6. Subdivider shall complete such iniprovement plans including any correc-
tions and revisions thereto necessary to comply with the applicable City
standards as determined by the City Engineer, within thirty (30) days after
approval of the final map.
7. Subdivider shall perform any changes or alterations in the construc-
tion and installation of such improvements required by City, provided that all
such changes or alterations do not exceed 10 percent of the original total
estimated cost of such improvements.
B. Subdivider shall guarantee such improvements for a period of one
year following the completion by Subdivider, and acceptance by City, against
any defective work or labor done, or defective materials furnished, in the
performance of this Subdivision Improvement Agreement by Subdivider and shall
repair or replace any such defective work or materials discovered during said
one year period.
9. Subdivider shall commence the construction and installation of k'uch
improvements within thirty (30) days from the approval of such "Improvement
Plans for Parcel Map 15826 " by the City Engineer, and shall complete
such construction and installations within nine (9) months from such datE of
commencement,
v
10. In the event that Subdivider fails to perform any obligation he,,eunder ,
Subdivider authorizes City to perform such obligation twenty (20) days alter
mailing written Notice of Default to Subdivider at the address given below,
and agrees to pay the entire cost of such performance by City.
11 . In the event that Subdivider fails to perform any obligation hereunder,
Subdivider agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, including costs of suit and reasonable attorney' s
fees.
12. Subdivider hereby binds itself, its executors, administrators and
assigns, and agrees to indemnify, defend, and hold the City harmless from any
losses , claims, demands, actions or causes of action of any nature whatsoever,
arising out of or in any way connected with the improvements agreed to be
constructed and installed hereunder by the Subdivider, including costs of suit
and reasonable attorney's fees.
0
Subdivision Improvement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
SUBDI I R:
By: �
8514 Commerce Avenue
Address
San Diego, Ca. 92121
City
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
Deputy City Clerk City ager
REVIEWED & APPROVED G�
ENG. EF` 5
8/76
(Corporation)
STATE OF CALIFORNIA
COUNTY OF_R;vPr�ide ? SS.
On June 23, 1980 1
before me, the undersigned, a Notary Public in and for said
State, personally appeared _ H. (` NTgy
known to me to be
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known to me to be the President, and T A TUCKER
Ti '
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known to me to be th Secretary of the corporation that executed the within Instrument,
Instrument on behalf of the corporation therein named, and
beh me d
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
- of directors.
WETNESS my,ban and Official seal "'_"',:� OIL"'•�iCT.e.L S}_r;�'-r_-4
A 1DL)
F10TlaRY ftSrDi IC - CALIFORIWIA
Signature RIVE��I L,i .i 1q °"Ce COUNTY
PeggY'Lme Madden .��— may co�_�.ryu
Name (Typed or printed)
72-47
(Thh area for olheial notarial seal)
IN THE CITY OF
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CITY OF PALM SPRINGS BOND NO. 100406
FAITHFUL PERFORMANCE BOND PREMIUM: $1 , 379 . 00
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WHEREAS,
�the
��City Council of the City of Palm Springs, State of California ,
and(heree pla ter e�ignatVe_da p IinC,paf ) have entered into-ah agreement ereGy
principal agrees to install and complete certain designated public improvements,
which said agreement, dated %) ,." 19 ,, E and identified, as project,
Parcel Map 15826 ---------------_--------------_--------_-_-_ is hereby referred
to and made a part ereof; an3
WHEREAS, said principal is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and DEVELOPERS INSURANCE COMPANY
as surety, are held firmly bound unto the City of Palm Springs ereinafter called
("City") in the penal sum of Ninety Eight Thousand F _Lulldnd --------------
dollars ($98,500 ) lawful money of the United States, for the payment of which
sum well and truly to be made,, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal
his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made
as therein provided, on his or their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Palm Springs ,
its officers, agents and employees, as therein stipulated, then this obligation,
shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be per- '
formed thereunder or the specifications accompanying the same shall in anywise
affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement
or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal .
and surety above named, on June 23, 1980
FLETCHER HILLS VENTURE, INC.
4
BY DEVELOPERS INSURANCE COMPANY
Principal Surety
BY: C�CIf �
Attorney-in-Fact
_ ALBERT. H. BRUNEI
ENG. EF 6
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State of ",d
County of -I,, ;: •;�-,„ ss:
On June 23, 1980 before me,a Notary Public in and for said County and Slate, residing
therein,duly commissioned and sworn,personally appeared
known to me to be Attorney-m-FTct of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation'executed the same.
IN WITNESS WHEREOF„I',have Hereunto set mg,hand and affixedmy official seal,the day and year stated in this certificate above.
OFFICIAL S ill
My Commission Expires ills 10
Sf °ueuc G uI, It
It ui
_ -36021& Notary Public
;Il of7MIGE coI7Pl"iv I
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State of CALIFORNIA
County of SAN DIEGO SS.
On June 23 , 1980
before me, the undersigned, a Notary Public in and
0 for San Diego _County, California,
Wz
o personally appeared T.A. TUCKER
knonn-to h, be I!
r J
O
o known to me to be the .Secretary of
a r the corporation that executed the within instrument,
o ¢ and known to me to be the persons who executed the
o z within instrument on behalf of the corporation therein
named, and acknowledged to me that such Corpora-
a
tlon executed the within instrument pursuant to its
md By-Laws or a Resolution of its Board of Directors.
y o WITNESS myy hjurid and
official seal.
OFFICIAL TEAL '
F OBBI F. WELLS
F ye NOIARV PUBLIC CALIFURNIA
4 Principal Office,Son Otago Co.Calif. `
° Ith,Commission Exp. Dee• 14. 1981
0 C ,
BOND NO. 100406A
CITY OF PALM SPRINGS PREMIUM: INCLUDED
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Palm Springs , State of California ,
and Fletcher Hills Venture, Inc. --------------------------------------------
(here na ter designated as principal have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements ,
which said agreement, dated roc,. ,._ .a- , 19c'' and indentified as project
Parcel Map 15826 _ is hereby referred to and
made a part hereof; and i
WHEREAS, under the terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient payment
bond with the City of Palm Springs to secure the claims to which reference is
made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW, THEREF6RE, said principal and the undersigned as corporate surety, are
held firmly bound unto the CI ty of Palm Springs and all contractors, subcontract-
ors, laborers , materialmen a+td other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Civil Code in the sum of
�F�orty Nine Thousand Two Hundred Fifty -------------------------------- Dollars
1b49,250 , for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount hereinabove
set forth, and also in case suit is brought upon this bond, will pay, in addition
to the face amount thereof, .costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly s-tipulated and agreed that this bond shall inure to
the benefit of any and all persons , companies and corporations entitled to file
claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation
shall become null and void; otherwise it shall be and remain in full force and
effect.
The surety hereby stipulates and agrees that no change', extension of time,
terms of said agreement or the specifications
ny manner affect its obligations on this bond,
of any such change, extension, alteration or
State of CALIFORNIA
county of SAN DIEGO ss trument has been duly executed by the principal
On June 23, 1980 E 23 , 19 80.
before me, the undersign
o w for, al] f Qoed, a Notary public in and
p Personally appeared`County, California, -
y T.A.TUCRER
C J
� 3
o known to me to be the
ca the corporation that e Secretary of
and known xecuted the within instrument,)
to me to be the persons who executed the
m O within instrument on be before me,a Notary Public m and for said County and State,residing
named, half of the corporation therein
and acknowledged to me that such corpora-`.•' '�
i:t0 tlon executed the within instru
m o- BY-Laws or a in
instrument pursuant
a of its Board or its
" o WITNESS of Directors. ;E COMPANY
my ha d and official seal,
I and foregoing instrument, and known to me to be the person who executed the
lowtedged to me that such corporation executed the same.
UFFICII.4 lEA�
s 806$1 F. WELLS my Official seal, the day and year stated inthis certificate above.
tlo'fAto PUBLIC `f
CAtIfURN1A -
k` d Principal Ofiice,
San pee Co.Calif. 1R�1�Onen11 I
^da L My Co mmission fxP• Des
. 14. 7951 ��• —���ob f' 4
-
_. Feta fq,t!ign; Notary PubLc
UONU FOR HAII'IerinrlLl. Of IIIrRUVLHLI,nS
(Subdivision Agreemen L) BOND NO. 100407
PREMIUP7: $210 .00
KNOW ALL MEN BY THESE PRESENTS :
That We, Fletcher Hills Venture Inc-----------------------------------
as Principal , and _ DEVELOPERS INSURANCE COMPANY —
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS , STATE OF
CALIFORNIA, in the sum of Fifteen Thousand -----------------------------------
------------- Dollars ($15_,OO.O _ ) , lawful money of the United States of
America, for the payment of which sum, well and truly to be made , we bind our-
selves , our heirs , executors and successors , jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that;
WHEREAS the Principal has entered into or is about to enter into a written
agreement with the City of Palm Springs , pursuant to the authority of the Suh-
division Hap Act of the State of California, for the improvement of the streets
and easements offered for dedication on the final neap Of ParcelAap__I-5826 _,
and whereas this bond is required by said City in connection with the execution
of said agreement.
WHEREAS the Principal is requester) to guarantee the costs of repair or
replacement of defective improvement construction work or materials within said
Subdivision , which guarantee shall remain in effect for a period of one year
from the date of acceptance of. work by the City of Palm Springs , California.
NOW THEREFORE, if the Principal shall for a period of one year from and
after the date of completion and acceptance of said work by said City, replace_
and repair any and all defective materials or defective workmanship with said
improvements, then the above obligation to be void; otherwise to remain in full
orce and effect.
As a part of the obligation secured hereby and in addition to the face
amount specified therefore, there shall be included costs and reasonable
expenses and fees , including reasonable attorney' s fees , incurred by the City
in successfully enforcing such obligation , all to be taxed as costs and in-
cluded in any judgment rend red.
The surety hereby stipulates and agrees that no change , extension of time,
alteration or addition to the terms of the agreement or to the work to be per-
formed thereunder. or the specifications accompanying the same shall in anywise,
affect its obligations on this bond, and it does hr_reby waive notice of any
such change, extension of time, alteration or addition to t.hn terms of the
agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument: has bean duly executed by the principal
and surety above named, on June 23 , 19 gp ,
FLETCHER I-TILLS VENTURE, INC. DEVELPERS-_.INSiRANGE _CpMPANY
Surety
BY:
BY:
Attornr_y- ur-Fact
ALBERT. H. BRUNET.
BOND FOR HAIN1EilANCL 01 Iil11R0VI_11LIIIS
(Sub(livision Agreement.) BOND NO. 100407
PREMIUM: $210 . 00
KNOW ALL MEN i3Y THESE PRESENTS:
That We, Fletcher Hills Venture, Inc.----------------------------------
as Principal , and _ _ DEVELOPERS INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS , STATE OF
CALIFORNIA, in the sum of Fifteen Thousand ------ ----------------------------
------------- Dollars ($1.5 00.0 ) , lawful money of the United States of
America, for the payment of which sum, well and truly i-o be made , we bind our-
selves , our heirs , executors and successors , jointly and severally, firmly by
these presents. a
THE CONDITION OF THIS OBLIGATIO14 IS SUCH, that;
WHEREAS the Principal has entered into or is about to enter into a written
agreement with the City of Palm Springs , pursuant to the authority of the Sub-
division Flap Act of the State of California, for the improvement of the streets
and easements offered for dedication on the final map of Parce Lilap 15826_ ,
and whereas this bond is required by said City in connection with the execution
of said agreement.
WHEREAS the Principal is requested to guarantee the costs of repair or
replacement of defective improvement construct.ion work or materials tgithiu said
Subdivision, which guarantee shall remain in effect for a period of one year
from the date of acceptance of. work by the City of Palm Springs , California.
NOW THEREFORE, if the Principal shall for a period of one year from and
after the date of completion and acceptance of said work by said City, replace
and repair any and all defective materials or defective workmanship with said
improvements , then the above obligation to be void; otherwise to remain in full
once and effect.
As a part of the obligation secured hereby and in addition to the face
amount specified therefore, there shall be included costs and reasonable
expenses and fees , including reasonable attorney' s fees , incurred by the City
in successfully enforcing such obligation , all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be per-
formed thereunder. or the specifications accompanying the samr shall in anywise
affect its obligations on this bond, and it does hereby waive notice of ary
such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications .
IN WITNESS WHEREOF, this instrument has been duly executed by the principal
and surety above named, on June 23,
FLETCHER HILLS VENTURE, INC. DEVELOPERS__.IVSURIiNCT-. -COMPANY
Surety
BY-
_ BY: �,.A"
Attornry-in-(-act
ALBERT, H. BRUNET.
BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION
(Subdivision Agreement)
BOND NO. 100405
KNOW ALL MEN BY THESE PRESENTS: PREMIUM: $20 . 00
That We, Fletcher Hills Venture,_ Inc.-----------------------------
as Principal, and DEVELOPERS INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS,
STATE OF CALIFORNIA, in the sum of One Thousand ------------------------
------- -------- Dollars ($ 1 000 ) , lawful money of the United
States of America, forAthe paymen�- t of which sum, well and truly to
be made, we bind ourselves, our heirs, executors and successors,
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that whereas
said Principal has, or is about to enter into the annexed agree-
ment with the City of Palm Springs pursuant to the provisions of
the subdivision Map Act of the State of California and the Sub-
division Ordinance of said City, for the setting of survey mon-
uments in accordance with the provision of Sections 11566 and 11592
of the Subdivision Map Act and Article 963 of the Subdivision
Ordinance of the City of Palm Springs and as shown on the Tract Map,
and
WHEREAS the Principal, after setting the monuments, agrees to
furnish the City Engineer of the City of Palm Springs written notice
of the setting of said monuments and written proofs of having paid
the Engineer or Surveyor for the setting of said monuments, all in
accordance with the requirements of City' s Subdivision Ordinance.
NOW THEREFORE, if the said Principal shall well and truly do'
and perform all the covenants and obligations of said agreement on
its part to be done and performed at the times and in the manner
specified therein, and shall make full payments to all contractors,
their subcontractors and to persons renting equipment or furnishing
labor or materials td them for the improvement in the prosecution
of the work provided 'for in said agreement, then the above
obligations shall be void and of no effect; otherwise, it shall be
and remain in full force and effect.
And the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition
Po the terms of the agreement or to the work or improvements to be
t.)erformed thereunder or to the plans or specifications attached to
:,aid agreement shall in any wise affect its obligations on this bon:
' and it does hereby waive notice of any such change, extension of
time, alteration or additions to the terms of the agreement or to
the work or improvements or to the plans or specifications .
In the event suit is brought upon this bond by the City and
Judgment is recovered, the Surety shall pay in addition to the above
Specified sum all costs incurred by the City in such suit, including
a reasonable attorney's fee to be fixed by the Court.
WITNESS OUR HANDS this 23rd , day of June
1980
—FLETCHER HTL E VENTUR ,-INC.
-DEVELOPERS INSURANCE COMPANY
ram' s4i4e,
Principal Sure
ENG: FF 8 BY: ;
EN5 EI CRT H BRUNI T Aiif y _ �r
!G �
Stale of
r
County of
On June 23 , 1980 before me,a Notary Public in and for said County and State,residing
therein,duly commissioned and sworn,personally appeared
f r-;`l.'.';i .. to . . vlLr:,
known to me to be Attorney-m-Fact of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,1 have-hereunto set my hand and affixed my official seal,the day and year
stated in
tines certificate above. ♦��y�
My Commission Expires
1, `>- - Ff;IN01Y°,L Oi 49G!'i li,l Notary Public
360212-6-66 () VGEQUN
State of CALIFORNIA
County of SAN DIEGO SS.
on ,June 23, 1980
before me, the undersigned, a Notary Public in and
W 7 for_ San Dieqo County, California,
m personally appeared
so T. A. TUCKER
w `KTIuP.'�"n"i-`n'-l�re"r1"c=rt*w*t*, a d
o r'
o known to me to be the _Secretary of
n r the corporation that executed the within instrument,
c a and known to me to be the persons who executed the
e z within instrument on behalf of the corporation therein
named, and acknowledged to me that such corpora-
lion executed the within instrument pursuant to its
oBy-Laws or a Resolution of its Board of Directors.
y om WITNESS my hayd and official seal.
�+k•.�•, tip,,rr�5ra
J fSi'll OFFICIAL SEAL > „-
«' 601361 F. WELLS
NOTARy PUBLIC i,AiUFORN6A _
Principal Office,San Diego Cn.cdif. +
j; My Commission Exp, DeIL 14. 1981
1YI."tL°>r"•`:LY�1 .ry�ry�'1YhY.M:S -
' FLETCHER HILLS VENTURE, INC .
Written Consent to Action in Lieu
of Special Meeting of Board of'Directors
a nd Shareholder Consent
November 1, 1978
The undersigned, being all of the directors of Fletcher
[I)-I ].s Venture, Inc. , a California corporation, hereby adopt
following resolution pursuant to California Corporations
Code Section 307 (b) :
RESOLVED that George H. Gentry, President,
and/or Thomas A. Tucker, Secretary, on behalf of
this Corporation and without further specific
authority of this Board of Directors , are each
hereby authorized to execute, on his signature
alone, and deliver documents respecting the purchase,
subdivision, sale and financing of real property,
including but not limited to, offers to purchase,
acceptances of offers to purchase, escrow in-
structions, deeds , certificates, loan instruments
and loan documentation, bonds , guarantees and maps
and tentative maps, on behalf of this Corporation
as purchaser, seller or borrower, and that any
person who shall have received a certified copy
of this resolution in accordance with the authority
hereby granted as being a commitment of this
Corporation duly authorized in accordance with
appropriate corporate proceedings .
RESOLVED FURTHER taht George H. Gentry and/or
Thomas A. Tucker, the President and Secretary,
respectively, of this Corporation, be and each of
them is hereby authorized to execute on behalf of
this Corporation on his signature alone, such
agreements, certificates and instruments as he
shall deem necessary or appropriate in connection
with borrowings by this Corporation for projects
in the normal course of this Corporation' s business;
and that the Secretary and any Assistant Secretary
of this Corporation be, and each of them hereby is,
authorized to deliver certificates certifying the
adoption of any institutional lender' s resolution
form authorizing any such borrowing, such resolu-
tions being deemed to be adopted by this Board of
Directors effective upon the date of such certifi.-
�'{ cation, upon placement of a copy of such certification
inin the Minute Book of this Corporation.
DATED: November. 1 , 1978
T'homas' A. Tucker
Howard McCandless
Shareholder Consent
The undersigned, being the sole shareholder of the
Corporation, hereby consents to the foregoing resolutions of
the Board of Directors.
DATED: November 1, 1978
ViA—
oe'O-kGentr�'.'-A
GENERAL
POWER OF DEVELOPERS INSURANCE COMPANY
ATTORNEY LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS:That DEVELOPERS INSURANCE COMPANY,a corporation,duly organized and existing under the
laws of the Stale of California,and having its Home Office in the City of Los Alamitos,California,has made,constituted and appointed and/does by these
presents make, constitute and appoint
ALBER'P H. BRUNET and RUSSLLL P. TOI�fL1NSON
its true and lawful Attorney(s)-in-Fact,with full power and autIbIRl��e�felfy conferrers gamlyplace and stead,to execute,seal,acknowledge and deliver any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation
and duly attested by its Secretary, hereby ratifying and confirming all that the said ARorney(b)-in-Fact may do in the premises
This,Dower of attorney is granted pursuant to Article IV,Section I I and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the 30th
day of March, 1979,and now in full force and effect
Article IV,Appointment and Authority of Resident Assistant Secretaries,and Attorney-m-Fact and agents to accept Legal Process and Make Appearances
Section I The Chairman of the Board,the Preadent,any Vice Prelacruany Secctorym any Treasurer may appoint auorncys,m-fact or agents with power and authority,
as,efined or limited in their respective power of attorney,for and on behalf of the corporation to execute and deliver,and alfix thereat of the corporation thereto,bonds,
undertakings,recognizances,consents of surety or other written oblrgetimo m the nature thercuf and any of said of ices may remove such auorney-m-1 actor agent and revoke
the power and authority given to him.
Section 12.Any bond,undertaking,recognizance,consent of+rvly or written obhgauon in the nature thereof sha II be valid and binding upon the car poration when signed by
Elie Chairman of the Board,the President,any Vice President or any T'too s..v,and duly attested and sealed,da seal is required,by any Secretary or when ogned by the Chairman
of the Board,the PreweriF:md Vice President or uny Treasurer and countersigned and sealed,if a seal is required,by a duly a uthorized attorney-in-factor agent and any such
bond,undertaking,recognizance,consent of surety or written obligation m the nature thereol slhall be valid and binding upon the corporation when duly executed and sealed,Ira
seal is required,by one or mare art orneys-m-fact or agents pursuant to and within the It III LLs of the authmtry granted by ha or then powers of auorney
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of DEVELOPERS
INSURANCE COMPANY at a meeting duly called and held on the 14th day of January, 1980,and that said Resolution has not been amended or repealed'
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may he affixed or Pointed on any power of attorney,on any revocation of any power of attorney,or certificate bearing such facsimile signature or
facsimile seal shall be valid and binding upon the Corporation"
IN WITNESS WHEREOF,DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary,and its corporate seal to be
hereunto affixed this 14th day of January, 1980.
DEVELOPERS INSURANCE COMPANY
By !�
Paul E Griffin,Jr., Secretary
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
On this 14th day of January, 1980, before me personally came Paul E Griffin,Jr, to in known, who being by me duly sworn,did depose and say. that he is
Secretary of DEVELOPERS INSURANCE COMPANY,the Corporation described in and which executed the above instrument,thathe knows the seal of
said Corporation,that the semi affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation
and that he signed his name thereto by like order.
OFFICIAL SEAL
'+ °r MARY ROSEN
¢t= NOTARY PUBLIC - CALIFORNIA
—"' LOS ANGELES COUNTY
My comm. expires SEP 6, 1981
19436 Ventura Boulevard, Tarzana, CA 91356 Mary Rosen, Notary Public
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
I the undersigned Vice-President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the
foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article IV,Sections 11 and 12 of the By-
laws of the Corporation,and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force
Signed and sealed at Los Angeles, California, this 23 day of -Una. , 19 80
hr
Harry C. Crowell, Vice-Presid�[