HomeMy WebLinkAboutA3589 - PS CENTER SUBDIVISION PM27975 j P.S. Center, Ltd.
Z. Subdivision Improve Agr
Parcel No. 27975
AGREEMENT #3589
CM Signed, 9-26-95
CITY OF PALM SPRINGS
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this A&ay of 92k*- 19q,, by
and between P.S. Center, Ltd. , 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 No. 77473_ in the City of Palm Springs, County of Riverside, for approval
by City; and
WHEREAS, Subdivider, by said map, has offered for dedication to City for
Public use the streets and easements shown in 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 $ 1,256 ,572.00
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 * ", 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. Parcel Map No. 27975
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 $1,256,572.00 to assure the faithful
performance of this Agreement, and one bond in the sum of $ 62R.2,96 oto assure
payment of the cost of the labor and materials for the improvements required to be
constructed or installed hereby.
Page 1 of 3
Subdivision Improvement Agreement
Both of said bonds shall be deemed exonerated upon acceptance by the City of the
improvements, and the furnishing of a maintenance bond at the time of the
acceptance in the amount of $ 148. 170.0a 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 Maip Act.
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
$ 5,000. to guarantee payment of the cost of setting monuments as stated in Item
No. 2 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 constructed
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 improvement plans including any
corrections 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 construction
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.
8. 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 defection 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 with construction and installation of such
improvements within thirty (30) days from the approval of such "Improvement Plans
for * " by the City Engineer, and shall complete such construction and
installations within nine (9) months from such date of commencement.
* Parcel Map No. 27975
Page 2 of 3
Subdivision Improvement Agreement
10. In the event that Subdivider fails to perform any obligation hereunder,
Subdivider authorizes City to perform such obligation twenty (2O) days after 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
SUBDIVIDER:
By. P.S. CENTER LTD.
j
By: 0�
David G Summers, Authorized gent
535 Cowper, 2nd Floor
Address
Palo Alto, California 44301
City
ATTEST:: /1 CITY F PALM SP CALIFORNIA
Ci ly-6 erk @ City Mariader
REVIEWED AND APPROVED
n
i
f
Page 3 of 3
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r
• 06ND # 3SM 883 827 00
PREMIUM OF $18,849 .00
CITY OF PALM SPRINGS ISSUED IN QUADRUPLICATE
FAITHFUL PERFORMANCE BOND
911S`i IFERIVI PREil1INI'fFULLY EARNF..-.�
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
n S CFNTrR ' LTD (herein designated as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated c ., , 192_), and identified as project
PARCEL No 27975 , is hereby referred to and made a part hereof;
and
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
AMERICAN MOTORISTS INSURANCE
NOW, THEREFORE, we, the principal and COMPANY as surety,
are held firmly bound unto the City of Palm Springs, hereinafter called ("City"), in the penal
sum of ( ) dollars ($1 ,256,572 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, lus 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
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed
as costs and included in any judgement rendered.
11-ie surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
( ) ONE MILLION, TWO HUNDRED FIFTY SIX THOUSAND, FIVE HUNDRED E
SEVENTY TWO AND NO11COs . ($1,256,572.00)
Page 1 of 2
Faithful Performance Bond
TT w rNESg wHEIREOF, this instrument has been duly executed by the principal and
surety above named, on 9/ h 1935
AMERICAN MOTORISTS INSURANCE COMPANY
p,S. CENTER LTD. Surety
principal
BY. UT ORIZED AGENTp ey-in-Flct DANIEL 70NES
I)AI IEL G. SUMMER$
State of CAT,TFpRNTA 1 CAPACITY CLAIMED BY SIGNER
County of SAN MATEO J} ❑ INDIVIDUALS
°)rv,,, ❑ CORPORATE
On t i" Su {� �1 d before me, SHERRIE .TONES OFFICER(S)
(DATE) R,[AME,Til OF OFFICER-I.E,'JANE DOE,NOTARY PUBLIC) ❑ PARTNERS (TITLE(S))
personally appeared DANIEL SONES Cam] ATTORNEY IN FACT
' (NAM E(S)OF SIGN ERIS))
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
IN personally known to me- OR - ❑ proved to me on the basis of satisfactory evidence to be ❑ OTHER:
the person(z) whose names) isimcs subscribed
to the within instrument and acknowledged to
me that he/pgWAW executed the same in his/
StiEliPlIE J11NCS � Wjoj?E authorized capacity(, and that by SIGNER IS REPRESENTING:
" x r COMM,fl1 )G823, his/ Apjr signatures) on the instrument the
A (NAME OF PERSONS)OR ENTITY(IEB))
-e � a'oipAr FUDt)OCAUFOBAIIt �� personO, or the entity upon behalf of which the
sap E9ateo comnY person(z) acted, executed the instrument, N MtrT4R� �T
iy comet.Fapiles nuq.27,1s0H" Witne s�hand and official seal 9
�.+...,�. ,eylow ExpueesA.q,2,.99,; INSURANCE COMPANY
(SEAL) ISIGNItTUREOF NOTARY)
ATTENTION NOTARY:The Information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this certificate to any unauthorized document.
f THIS CERTIFICATE Title or Type of Document BOND
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
DLCOTTS FORM 239—ALL FUH1`0 @ACKNOWLEDGMENT—Hey.9.22 (pace class 9-2) '0592WOLCom n I I �
CITY OF PALM SPRINGS BOND NO. 3SM 883 827 00
LABOR AND MATERIALS BOND PREMIUM INCLUDED WITH
PERFORMANCE BOND
ISSUED IN QUADRUPLICATE
WI3ERF_AS, the City Council of the City of Palm Springs, State of California, and _
P S erNTrR 1TD. (hereinafter designated as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated F,-- ' rr , 199 and identified as
project PA2GE1 NO. 27975 is hereby referred to and made a part
hereof; and
WHEREAS, under the terms of said agreement, •principal'is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the 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, THEREFORE, said principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Civil Code in the sum of (*)
dollars ($ 628,286 ,00), 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 stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give 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 fall force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
( ) SIX HUNDRED & TWENTY EIGHT THOUSAND , TWO HUNDRED AND EIGHTY SIX AND NO/100s
($628,286.00)
Page I of 2
Labor and Materials Bond
this instrume
IT WITNESS W"ER.EOF, nt bas been duty exer:utcd by the principal and
19�5
surety above named, on
AMERICAN MOTORISTS INSURANCE COMPANY
p.S. CENTER ,LTD. Surety
principal
� )
rney-in-Fact DANIEL JONES
ICY
DANIEL G. SUMMERS AUTHORIZED AGENT
State of CALTEGRNTA CAPACITY CLAIMED BY SIGNER
County of SAN MATEO ❑ INDIVIDUALS
❑ CORPORATE
On c r',..u I "l l` }' Y before me, SHERRIE JONES OFFICER(S)
^(DATE) (NAME,TITLE OF OFFICER-IE.,"JANE DOE,NOTARY PUBLIC-) El PARTNERS (TITLE(S))
personally appeared DANIEL JONES �J ATTORNEY IN FACT
(NAME(5)OF SIGNEfl(S)) ❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
IN personally known to me- OR- O proved to me on the basis of satisfactory evidence to be ❑ OTHER:
the person(&) whose name(* iskars subscribed
to the within instrument and acknowledged to
me that he/R§WAiXqy executed the same in his/
authorized ca acit
��k�sf P Y(&i1, and that by
}SIlEBRIE JDAES his/ ft[r signaturefW) on the instrument the SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITYOES))person(R), or the entity upon behalf of which the (
P�;`' ��;t , " IIOi ANY PDBLICGAl1FOPNIA person(A) acted, executed the instrument., „T„�,,.
� � San(Satan County Wi es m hand and official seal. I INSURANCE
COMPANI-SY
✓a' ,-o, tay Conlm.Edphes Aug.27,1980 � Y INSURANCE COMPANY
(SFAL) \ ` I(SIGNATURE OF NOTARY)
ATTENTION NOTARY:The information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Title or Type of Document BOND
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
WOLCOTTS FORM 239—ALL PURPOSE ACKNOWLEDGMENT—Rev.9,92 (lance class 8 2) a01n92 WOLC07S n ve ^'
Mr^
MUR E
o mran�
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Daniel Jones of San Mateo, California
its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and dead:
Any and all bonds and undertakings provided the amount
of no one bond or undertaking exceeds TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000.00)%•A***
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect;
^VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President
(OVER)
® +�
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klawer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State ofj Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1-28-98 Irene Klawer, Notary Public
"OFFICIAL SEAL" ►
4 Irene Klewer ►
Notary Public,State of Illinois ►
4 My Commlaalon Eaplrea 11202 ►
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 1, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
P-'D n,
Motorists Insurance Company on this day of 19
I i! �•
/ N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
BOND NO. 3SM 883 829 00
PREMIUM OF $100.00
SS ppFF,y { ISSUED IN QUADRUPLICATE
C �49iY •.E��4 4:�: i "t:- �:111-i:4.! E4:'�LP..atf 0'.Nl l-l�'�"...7 �
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION
KNOW ALL MEN BY TIILSE PRESENT'S:
That We, P.S. CENTER,LTD.
as Principal, and AMERICAN MOTORISTS
INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY
OF PALM SPRINGS, STATE OF CALIFORIA, in the Suns Of FIVE_THOUSAND AND NO/IOOs
_ Dollars ($ 5 ,000.00 ), lawful money of the United States of America, for the payment
of which sum, well and truly to be trade, 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 agreement with the City of Palm Springs pursuant to the
provisions of the Subdivision Map Act of the State of California and the Subdivision Ordinance
of said City, for the setting of survey monuments in accordance with the provision of Section
66495 through 66498 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance
of the City of Palm Springs and as shown on the Map. (PARCEL No. 27975)
WHEREAS the Principal, aftet 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 herein, and shall.make full payments to all contractors, their
subcontractors and to persons renting equipment or furnishing labor or materials to 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 to the terms 6f the agreement or to the work or
improvements to be performed thereunder or to the plans or specifications attached to said
agreement shall in any wise affect its obligations on this bond, and it does hereby waive nonce
of any such change, extension of time, alteration or addirons to the terms of the agreement or
to the work or improvements or to the plans or specifications.
Page I of 2
F1 � •
Bond for Faithful Performance of MonumF:ntation
In the event suit is brought upon this bond by the City and judgm=L.is recovered, the
Surety shall pay in addition to the above specked sum all costs incurred by the City in such
suit, including a reasonable attorney's fee to be fixed by the Court.
WITNESS OUR BANDS, this _26th day of SEPTEMBER 199'
P .S. CPNTER,LTD. AMERICAN MOTORISTS INSURANCE COMPANY
Principal Sit'
F
I
ji
BY' DANIEL JONES
- f--
DANL^Ll, G. SOMMEt2� AUTHORIZED AGENT ilot� y-in-Pact >
p t '
� y
U
State of cAT,TroRNTA CAPACITY CLAIMED BY SIGNER
County of SAN MATEO ❑ INDIVIDUALS
❑ CORPORATE
On ° � i (;aa "� r before me, SHERRIE JONES OFFICER(S)
(TITLE(E))
(DATE) (NAME,TITLE OFOFFICEF.IE.,"JANE DOE,NOTARY PLIBUC') ❑ PARTNERS
personally appeared DANIEL JONES Q ATTORNEY IN FACT
(NAME(5)OF SIGNER(Sj)
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
M personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be ❑ OTHER:
the person(A) whose name(s) isfats subscribed
to the within instrument and acknowledged to
me that he/fillgGkW executed the same in his/
,. � 4µSHERRIE JONES txg{PPR E authorized capacityi&,sA, and that by
rr o
Comm. 1063231 hishttetdAQir signatureO on the instrument the SIGNER IS REPRESENTING:
^ (NAME OF PERSON(S)OFl ENTITY(IES))
:ua �� Ieotdgv Pusue cauroa>vIn �� personO, or the entity upon behalf of which the
Sao ttarlo COMM p�rs., acted, executed the instrument. �KE�-AN-M6FORzJT�
h1Y Comm.Expilos Aug.27,189g yyl, ess /
,�, /y hand and official seal. INSURANCE COMPANY
' ! (SEAL) ISIOLT JnE OF NOTARY)
- C
TTENTION NOTARY;The information requested below Is OPTIONAL.It could,however,prevent fraudulent(attachment of this cerllllcale to any unaulhorizod document.
THIS CERTIFICATE Title or Type of Document—BONn
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT g
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
®failfail N MUH2
MT10njL
rrim`�n¢c
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Daniel Jones of San Mateo, California
its true and lawful agents) and attorney s)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power' and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and dead:
Any and all bonds and undertakings provided the amount
of no one bond or undertaking exceeds TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
Payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as se{ forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of Jari , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
e"" �av� cnTi
W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President
(OVER)
STATE OF ILLINOIS SS
COUNTY OF LAKE
1, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively gas Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State ofi, Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1-28-98 Irene Klewer, Notary Public
4 "OFFICIAL SEAL"� ►
4 Irene Klewer I ►
4 Notary Public,Slate at Illinois ►
4 My Cammissloe Expires MWO ►
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 1, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do, further certify that the said J. S. Kemper, III and W. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this day of 19
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM $36-5 6-92 1M ', PRINTED IN U.S.A.
Power of Attorney - Term
• BOND NO. 3SM 883 828 00
PREMIUM OF $2,223.00
ISSUED IN QUADRUPLICATE
FIRST TERM PREMIUM FULLY EARNE1)
CITY OF PALM SPRINGS
BOND FOR MAINTENANCE OF IMPROVEMENTS
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We, P.S. CENTER ,LTD.
as Principal, and AMERICAN MOTORISTS
TNSJJ ANCE COMPANY as Surety, are held and firmly bound unto the CITY
OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of ( 4>
Dollars ($ 148, 170.0 lawful money of the United States of America, for the payment
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 THIS OBLl:GATION 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 ite authority of the Subdivision Map Act of the State
of California, for the improvement of the streets and easemcnts offered for dedication on the
final map of PARCEL NO 77975 and whereas this bond is required
by said City in connection with the execution of said agreement.
WI-rFREAS the Principal is requested 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 force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed
as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and
]Page 1 of 2
(*) ONE HUNDRED FORTY EIGHT THOUSAND , ONE HUNDRED AND SEVENTY AND NO1100s
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 executed by the principal and surety
-above named, on 9/26 19_,95
P.S. CENTER LTD. AMERICAN MOTORISTS INSURANCE. COMPANY
Principal Surety
Pr
C
BY:, ;✓ T _ �aFOhey-in-Fact DANIEL JONES
DANIEL G. SUMMERS AUTHORIZED AGENT
State of AT TroRNIA 1 CAPACITY CLAIMED 8Y SIGNER
1 County of SAN MATEO )} ❑ INDIVIDUALS
J 1�0I"hh's ;'1 ,,, , ❑ CORPORATE
On "�°'li ;�^ I Iw.,Ud n before me, SHERRIE JONES
OFFICERS)
(DATE) (NAME,TITLE OF OFFICER-LE,JANE DOE,NOTARY PUBLIC') (TITLE(S))
personally appeared DANIEL JONES ❑ PARTNERS
(NAME(S)OFSIGNER(G)) Q ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
O GUARDIAN/CONSERVATOR
IN personally known to me-OR - ❑ proved to me on the basis of satisfactory evidence to be ❑ OTHER:
the persons) whose name(a) isJmrR subscribed
to the within instrument and acknowledged to me that he/ail&/t9d executed the same in his/
U. SIVERRIE JoNEB l QJMI�k authorized capacity(}, and that by
•.�, Conun,kloo8231 hisRWyMX,Qtr signatures) on the Instrument the SIGNER IS REPRESENTING:
IWARY PI1Bt IC.CAtIFOAf✓fj, (h person(p), or the entity upon behalf of which the (NAME OF PERSON(S)OR ENTITV(IC-SI(
sir Poleo CmRy pers n ) acted, executed the instrument.
L—m'
s P.2y,)P;., -a Witn s m hand and official seal. �M�I�-MOTOR-j-&Ty INSURANCE COMPANY
(SEAi
( GNATURE OF NOTARY)
ATTENTION NOTARY:The information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this ceriillcate to any unauthorized document.
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
VOLCOTiS FORM 230—ALL PUflI c ACKNOWLEDGMENT—Rev.9 92
Price class 9-2)
i01992 WOLCOTTS FORMS IhC
wiDnRL MUM
mm`m[c
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Daniel Jones of San Mateo, California
its true and lawful agent(s) and attornsy(s)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount
of no one bond or undertaking exceeds TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000.00) k
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set, forth and is hereby certified to by the undersigned Secretary �s
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
-VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company.^
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
� ea=.:
W. A. Grauzas, S cr nary by J. S. Kemper, III, Exec.Vice President
(OVER.)
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J: S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State oflIllinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunio duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1-28-98 Irene Klewer, Notary Public
"OFFICIAL SEAL"; ►
A Irene Klewer ! ►
4 Notary Public,State of Illinois ►
A My Commissim Expires 1I208 ►
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power-
of Attorney dated Jarx,ary 1, 1994 on behalf of the persons; as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do'further certify that the said J. S. Kemper, III and W. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
' ` 7� � 1i�•'jC,
Motorists Insurance Company on this day of �jL 19
L\
11 ioi)E
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term