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HomeMy WebLinkAboutA3561 - EL SONORA SUBDIVISION TM26333 PD209 IEl Sonora Associates . M Subdivision Improvement Agr TTM26333, PD209 AGREEMENT #3561 cM Signed, 7-7-95 CITY OF PALM SPRINGS - SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 'r`'day of 19 by and between Fr. mnxirn z SSmrnmrG 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 26 HOMES No. 26333 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 $ 6:C3 7l; 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 26333 ", a copy of which is now on file in the office of the City Engineer of the City and which 'os 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 $ 356,339.71 to assure the faithful performance of this Agreement, and one bond in the sum of $i 177-, 195;ssto 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 $ 38,054.66 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. 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 $ 7200.00 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 26333 " by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 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 (20) 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. SUBDIVI R: EL soNO]'A,ASSOCLATES By; 4k;lr - DAN B. STA= LAPUMCE J. WILLIS 3002 DOW AVE 14142 Address TUSTIN, CA 92680 City - i CITY OF LM SPRINGS FORNIA City Manager - - REVIEWED AND APPROVED Page 3 of 3 TueorTl TcoFDowmentJiA.�C.If State of California N. nfP, _ nu nr oc meet V Signet(s)Odirr lion caned below County of �%mil '-� On Gr% /mil�% before me, 1£' 71'J W'-I All LCOAe Nota Public, personally appeared Z'27i.'4 -S-M 2e'l personally known to me (or proved to me on the basis of s isfactory evidence) to be the erson(s) whose name(s) i ae subscribed to the within instrument and acknowledge o me that he/sh h y executed the same in lu"s71i eir authorized capacity(ies), and that by his/he their signature(s) on t e it the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �, ,- GLENN KAYLOR � ¢ _ Co r 1040508 gy�pp"� / NOTMYPU&C-C1RfQYM Signature T� L (Seal) aw.cwxr ,e, FN Cnmm.F�vn*aiv-vPvvvX FD-1 (Revised 1/93) EXECUTED IN FIVE COUNTERPARTS BOND NO. 173137S PREMIUM: $8,552.00 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and _ EL SONORA ASSOCIATES (herein designated as "principal") have entered into an agreement whereby princiipal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project 26333 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. DEVELOPERS INSURANCE NOW, THEREFORE, we, the principal and COMPANY as surety, are held firml'H bound unto the- City of Palm Springs, hereinafter called ("City"), in the penal Three undred Fifty-Six Thousand Three sum ofHi,ndY�si Nine PPn and 71100------------- douars ($356,319.7llawful money of the United Mates, 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, successor 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and It does hereby waive notice or any such change, extension of time, alteration or nddition to the terms of the agreement or to the work or to the specifications. Page I of 2 Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on JUNE 9th 199s EL SONORA ASSOCIATES DEVELOPERS INSURANCE COMPANY Princ'pa1 � Surety D STAPSQY- Attorney-in-Fact E. URENO r- LAWRENCE ,T. WILLIS ' /i State of California Tide or Type o[Document (.7/7/'/Flc.,� ✓�nT7-Df,�/CG./'C('Q �r�'j SS. Numbee oCPeg�s O�fe of Document 9gner(sJ ONa dun,umed below IOW��: County of On before me, Nota Public, personally appeared nfla L kc 11�-r� L�,f(jlp�tsD T w l f personally kn wn to me (or proved to me on the basis of satisf�idence) to be the n(s) whose name(s) i are s bs abed to the within instrument and acknowled to me that he/shexecuted the same in hi e, /thei authorized capacity(ies), and that by his/h /the' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. u GLEAN IUItOR ✓✓ r `°�-- � Gorton.k 1Of050/ � Signature (Seal) FD-1 (Revised 1/93) STATE OF California SS. COUNTY OF San Bernardino On June 9, 1995 before me, Janet Plano Ahurto PERSONALLY APPEARED E. Ureno personally known to me (or 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 acknowl- edged 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 �•. ^ ti JApJEf entity upon behalf of which the person(s) acted, executed Z1, 94284.5 P, Notary Pu,.;lir,—Cclifomtc �tn� "; ` theinstrument ^ 'ya l*,r LOSANGELES COUNTY My Cornm.Expire,OCI'b.199 WITNESS my hand and official seal. f" r I'm � n Signature �'m,"_Q �_ GO This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 9, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIrY(IES) None Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE? ACKNOWLEDGEMENT EXECUTED IN FIVE COUNTERPARTS BOND NO. 173137S PREMIUM: Included CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and _ EL SONORA ASSOCIATES (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project 26333 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 Tin the aforesaid Civil Code in the sum ofone Hundred Seventy-Seven Thousand One Hundred Ninety-Five and .85L10O-Dollars ($ 177,195.85), 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 full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on JUNE 9th , 19 95 EL SONORA ASSOCIATCS DEVELOPERS INSURANCE COMPANY Princca( Surety DAN B. STA1lEY ,_z� Attorney-in-Fact �� E. URENO LAWRENCE J. WILLI'T State of California 'ride nrTyPeofD urneot:- L2i20%? Ier�P���P I,gn, ,17 SS. Number ofP.ges—�2.—D.fe ufDocument County of sigoeK,)aheem.owned beiaw N /0' � On ! l before me, 6 No ry Public, personally appeared a J ,S personally kWwn to me (or proved to me on the basis of satisfa ` ry evidence) to be theperson(s) whose name(s) i are u rtbed to the within instrument and acknowled me that he/sh the executed the same in his/he /the' authorized capacity(ies), and that by his/her heir gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. q GIENN KAYLOR � Signature �� �' � (Seal) �rothar'mnsu¢OWF508� cwry � Mj�Cl/IIII.EMpy ay,J],]� i FD-1 (Revised 1/93) STATE OF California • SS. COUNTY OF San Bernardino On June 9 1995 before me, Tanar Rla;nP 4h„ t• PERSONALLY APPEARED E. Ureno personally known to me (or 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 acknowl- edged 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 JANE7 EL41NE A9URTO l entity upon behalf of which the person(s) acted, executed Y COMM.a 9 the instrument. ,12895 z L - i�.^ 4} �, Notcry Public—California l: ar,. \Y LOS ANGELI:S COUN7V My Comm.Expiros OCT 6,79% WITNESS my hand and official seal. Si-mature r /v/". This areaIor Official Notarial Seal J OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Labor and Material Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 9, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) None Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ��nclr/LrIt7 II,I H' s'h N- 209775 P.o GOY 19725, IRVINE,CA 92713 , (714)263-3300 rr011CF i All Uor:band <ulhodo/Ilea sluglOiilod.'nailIumiy evonr 1e1 imua:e Oil the 3 Is.dcy of Mahn, 1593 2 Mir px'­r of P.aolney is ,Ord I;alrered of d any portion Is eracod 3. Lau Fo:'2V of Heat ney 15"Old unless Mho scat is icodaolo,the ion IS m brown ink;,rite signxturee ale In blue hill am"thta node:IS ie i^r IIIL. I This^over o;A.mmey She111d uOr be I oio it d to do JUL should Io,nam a pairnaneoi IV'.r oI,he obligee's I sands KNOW ALL MEN BY l'HESE PRESENTS,first, except as expressly limited, OrJD-_F9 1F V 6"[31;4nf.f;V CC'C/4C.PGC 2l fiA and DFUELOPHD 9 V ICUEIVI0_wO&'.I'f C7l',de each severally,but not jointly,hereby make,constitute and appoint "`**SUSAN C. MONTEON, ALICE RODRIGUEZ, MICHELLE HAASE, E. URENO, MICHAEL J. HENSEL, JOINTLY OR SEVERALLY*** the true and lawful Attei'ney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertalongs and contracts of suretyship in an amount not exceeding Two Million Five I-lundmd Thousand Dollars($2,500,000) in any single undertaking;giving and granting unto said,4itorney(s)-In-Fact full III and authority to do and to perform every acl necessary,requisite or proper to be done in connection theremrth as each or said corporations could do,but reserving to each of said corporations-full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby refilled and confirmed. The author try and powers conferred by this Power of Alto,nay do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mot igage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease I insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds This Power of Attorney Is gramed and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors o;lru)Ek`,f9Ti7 2,0119r'.Siff dth CALJFWF 6LIA and L7C'V➢F'I.rP< FdS IN—III�111ANCw aBO6LfiPACIal,elfective as of September 24,1986: RESOLVED,that the Chairman of the Board,the Pi esident and any Vice President of the corpomuon be,and that each of them hereby is,authorized to execute Powers of Anornay, qualifying the aUm ney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and coma acts of suretyship,and that the Secretary or any Assls- tent Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Pov✓er of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation vvl en so affixed and in the future with respect m any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,;R7 f?."3C.'d l'.�'u k:43VUPA491f Ch6 CA1VE21D177r.and DLRUELOPEES POIRPAHU have severally caused these presentsto b-0signed by their respec- tive Presidents and attested by their respective Secretaries this ist day of April,'1993. 7 IL`i--lup!VVi°CORAPAEJY O❑U,AMLO "At", 16ur Yl-kuT V°it6.3 C;;9illTdl C9CC D.©kl PAIL`,' BY 0in V auDame�if gtpp nape By 0 Danl �F�nIpy'Df� President o o;rPory, resident / 25 0.Fop,4�, ,A W r�,0 •Qv�O f�C OCf Js r O e0 p ATTEST hasp " ATTEST > I"19i9p g p0� \C\L d0 By v" _ By Walter Crouvell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS COUNTVOFORANGE ) On April 1,1993,before me,Tiresa Taafrl personally appeared Dante F.Vmcenn,Jr.and Walter Crowell,personally known tome(or provided tome on the basis of satisfactory evidence)to be the persons)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityges),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal 9 t♦♦♦+♦♦M♦♦♦ OFFICIAL SEAL '4" __� TIRESATAAFUA Signature ,��� ^�^ NOTARY PUBLIC-CALIFORNIA ♦ PRINCIPAL OFFICE IN V ORANGE COUNTY My Commission EYn.ArV74,1995 Cf-Ma IMIC ATE ~� ♦ ~ The undersigned,as Senior Vice President of bp3iU ,Pd[➢V y COhipls,My CEr Cl1t-Frif t9V[l,and Senior Vice President of DUIFELOPIEP—I70SUR-a"A0E 0-017APAH"J,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revolved;and furthermore,that the provisions of the resolutions of the respective Boards of Directors Of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate This Certificate is executed in the City of Irvme,California,this 9th day of June 199 5 V:dDCC.7CdE'GV niOlo7P(1E111 Or CP-J.jrf] TVA BE71ELOPFOG r'lM0RA1iXr COMPANY gypP IAfJY O S tF19 Uq 5 ,/f t��pRPCR,f �° Lei`_ f1pR 24, o 996i o BY � > 19IC LC Fiebiger °1�n_ a L C.Fiebi er d n e Senior Vice President l'tilioP'a\4,� Senior Vice President 10 4/rrs R'vP ID-310 REV.4/93 EXECUTED IN FIVE COUNTERPARTS BOND N0. 1731385 PREMIUM: $173.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION KNOW ALL MEN BY THESE PRESENTS: That We, EL SONOTU! ASScr=g as Principal, and DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORIA, in the sum of s�„Pn +i,( i-mrl i7,n hnn9r� Dollars ($ 7,200.00 ), 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 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. WHEREAS the Principal, after setting the monuments, agrees to furnish the City Engineer of the City of Palm Springs wriuen 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 of 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 notice of any such change, extension of time, alteration or additons to the terms of the agreement or to the work or improvements or to the plans or specifications. Page I of 2 Bond for Faithful Performance of Monumentation 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 _ 9th day of JUNE 199� SSCC:TATRS DEVELOPERS INSURANCE COMPANY Pr in i e 11 Surety Attorney-in-Fact E. URENO LA-V=CE J. WIIZIS nua ocType ueDocument "xi(\(� �r laky�{.. q �-c cForma •v -a� State of California SS. Nwnb oCP gDelnne ol!CDoc Went sig *s)Othe Wm named below /�Jl/u� County of ��cX�Yc G�� On 7 1�I rl� before me, PAL �� Nota Public, personally appeared z G� E ` �y �. �� M , personally wn to me (or proved to me on the basis of satisfactory evidence) to be the son(s) whose names) is are u sr�r� ed to the within instrument and acknowledged o me that he/sh they xecuted the / same in his/her heir thorized capacity(ies), and that by his/her their ignature(s) on th strument the 111 person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. - - VA - GLENQ COMM.81040508 Signature �k7 t (Seal) NDr FD-1 (Revised 1/93) STATE OF California SS. COUNTY OF San Bernardino On June 9. 1995 before me, Tanar Fla;na Ah„rr� PERSONALLY APPEARED E. Ureno personally known to me (or 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 acknowl- edged 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 ". JmLI EIF,UVE.171070 � S k..: �.OQAfd. 242�5 Z entity upon behalf of which the person(s) acted, executed .j , ' Norov Public—Crlifornia the instrument. J =�Yr; US ANGELES COLAW - " � "Ay Comm.Exnir>s UCT 5,14"b WITNESS my hand and official seal. v ivy rr� E, 'ee (' This area or Official Notarial Seal Signature + -i„ � � � �C� � ^n_�� � Qr,,oe,t•�G f 1h� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Monument Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 9, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) None Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ro-oa3 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ��®R No 239214 P.O. 130"19725, IRVINE,CA 92713 (714)263-3300 ,dlpu.e_, �W md;a ii, _iJ, r,¢r.._„I'Ediin11 c'V' 'Lc Iulnc.',0,1 t:r-„i., 1,trr'nol turn L: P:nc:rl. J ,i6c r ., O7..,_; n'e „(r- ;-II C ,1. .r..,ru . 'I.fd;. -r( rr"t. ,It ,i'nnd<: _ _u•Ir,d_,r. ,'"L KNOW ALL MEN BY THESE PRESENTS,that, except as expressly limited, INDEPAM77 CoNiPAN'of OF CAA-WoritIA and DEVELOPERS C0[,A rah;r,do each severally,but not jointly,hereby make,constitute and appoint ***DIRK T. DEGRAW, E. URENO, MICHAEL J. HENSE:L, ELIZABETH LEM, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000) in any single undertaking,giving and granting unto said PaTorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorneys)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship. Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds This Power of Attorney is giantad and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEC111PZti' wOMPAHY OF-ALIFOH-NA and DEVELtTPERS WS?9f1A'ICE COE.M"I'd,effective as of September 24, 1936 RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Pouters of Attorney, qualifying the allorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDIFMINlTY Ca3IIRVIV OF CALIFORNIA and DEVPEL©p RS INSURANCE COMPANY have severally caused these icesents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993 Fli-ENHITY COl',1PAHY OV CAP_IE9WV^9Il1 ©F11ELO?Er1S KrIS(4,f URANCE CO�4L71/P,^.NY By� . incenti,J[Cr�lr By V l.�r Dant'EVincenb,Jr lV nP,\r,Y Vincenti,Jr.President DOePPa^]oF, esident ` < Jr n � ATTEST 0" o ATTEST ti By / G� �xit'o nVxv.� By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On July 15, 1994, before me,the undersigned,a Notary Public in and for said State, personally appeared Dante F.Vincenti,Jr. and Walter A. Crowell, per- sonally(mown to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company,The Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL J. ALVARADO COMM.#1023169 NOTARY PUBLIC-CALIFORNIA Signature ORANGE COUNTY Notary Public My Commission Exp Apr 17,1998 CER o IFICATE The undersigned,as Senior Vice President of INDLEf.NlTV COMPANV OF CALIGORNIA,and Senior Vice President of DEVELOPERS INSURANCE CW6FWANY,does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate This Certificate is executed in the City of Irvine,California,this 9 th _day of June 189 5 tM')r l`1ITY C(,DMM"lY OF CALIFOPMV, DEVELOGEn'UICPM.f HCE COMPAN", 0"' 5\CIeeR4;a_____________ o,,,?GaRPOP„i`o�By / \� \ =, Byw 1n11 7. o v rgla oLC FieUrger � a LC Fiebigerw n sSenior Vice President Senior Vice President �t ieen��*' ID-310 REV 1/95 EXECUTED IN FIVE COUNTERPARTS BOND NO. 173137S PREMIUM: Included in Performance Bond CITY OF PALM SPRINGS BOND FOR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, EL S01,10Rn ASSOCIATES 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 ofThirty eight thousand fifty four &66/10bllars ($38,054.66 ) 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 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 Subdivision Map Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of Tel # 26333 , 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 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 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 .TUNE 9th 19 95 EL SONORA ASSOCIATES DEVELOPERS INSURANCE COMPANY i Principf7l ` Surety ^ D13. STPM1= Attorney-in-Pact E. URENO LAWR=- J. WILL-VS Tidc or Type ofDo.um t600d `\'-Of '�"�'iYli"�n�(i IC•l' D-C State of CaliforniaP ps, SSN mb oFpsg D,eofDocwnent Signer(s)OlhecfMnnumed below �/ lL/� County of o On L )1� before me,. Nota Public, personally appeared - '1 c / personally known to me (or proved to me on the basis of satisfa ory evidence) to be the person(s) whose name(s) is/ re ubscribed to the within instrument and acknowledg,040 me that he/she/ ey xecuted the same in his/her heir 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. WITNESS my hand and official seal. r GIENN R ylIot tY Signature �1� �' (Seal) 3 NOrc�"FLOW a wr ca n a�0Y4i a► es p FD-1 (Revised 1/93) STATE OF California SS. COUNTY OF San Bernardino On June 9 1995 _, before me, l r Fl 'n 4h„rrn PERSONALLY APPEARED E. Ureno personally known to me (or 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ - e their signature(s) on the instrument the person(s), or the dgNET'ELAINE P,6URT0 entity upon behalf of which the person(s) acted, executed . a #t`-". CU�bfM.3F 442(h?5 z the instrument. - - : ���; No1ory Public-Cpli!rnnic :'`,', j LOS ANGRES COUNiY My Comm Ex0 res OCT 6,1P95 WITNESS my hand and official seal. Signature �`.1- v. :-� � � ()(L l�l- Q�t�k I'i����� This areAfor Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Maintenance Bond TITLE OR TYPE OF DOCUMENT TI LEIS) ❑ PARTNER(S) ❑ LIMITED El GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 9, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITV(IES) None Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ro-osl R�v 6/94 ALL-PURPOSE ACKNOWLEDGEMENT ��taIfg ��r��k9�YJ CIF CW H"d ID Pi HI .r° I,h u ',l ° N° 239212 P.O. BOX 9725, IRVINE,CA 92713 a (7'14)263-3300 , ;: '�,L",•,..i .: .�.i,:_.�is•,m�!uid_s.::n.re:,t,i�te.o:bie ,.iG taxi xnm �r. 0 u�;:, 1'r'.-I .i�in i;l��.�i.J, .-:,- t - rr. i_", r ,if.-a. .,,: :y(=) iirlt-tt ,h„ ..,� ��� ��,, u_-J_--..- - KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, VC9DEri'ME T Y SCilfAIIAf1V O?G-(i?.7V=b2;4YVA and DL"T_-L tPru3 IN6;_uLIAHCR COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***DIRT( T. DEGRAW, E. URENO, MICHAEL J. HENSE:L, ELIZABETH LEM, JOINTLY OR SEVERALLY*** the true and lawful Attorneye)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said coiporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Mlillkon Five Hundred Thousand Dollars($2,500,000) in any single undertaking;giving and granting unto said Attarney(s)-In-Face full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Atrorney(s)-In-Fact,pursuant to these presents,are hereby ralified and confirmed. The authority and powers conferred by this Power of Attorney do not extend o any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of Installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or ball bands This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of E;76 o; R76?[T6" CTX,Ux.AtA'd OF CAIAFCAiuNL and DFVW LQPEVRS 9V55U9V]n63Cw OOP,9PA.^:V,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the charnel named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship,and that the Secreary crony Assis- tant Secretary of the corporation be,and each of them hereby Is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any band,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDCP/it79TP UUMPP.NY OF CALBFCu61N9A and DiI;VVLOPEnS M8112ANCE.COMPANY have severallycaused these presents to be signed bytheir resti tive Presidents and attested by their respective Secretaries this tat day of April,1993. ➢414FMH Y COMPANY OF CALIFORNIA DEVELOPERS WSURANCE C4DIIlAril By Utui'l By- Dane F.Vincenti,Jr AP vly Dant' Vincenti,Jr. \N5u President \oopft1enAho�c , resident �,PcoftPCA,i^' o i f c o:+ rn ATTEST BGY'' w ��r,ti 2T, o 0 W ISGI o ATTEST ; � l � IBiC � By V v"" " �� B V �/� o ;�/FOM1\\fit\�, Walter Crowell y Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) On July 15, 1994, before me,the undersigned, a Notary Public in and for said State, personally appeared Dante F.Vincenti, Jr. and Walter A. Crowell, per- sonally(mown to me(or proved'to me on the basis of satisfactory/evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL J. ALVARADO COMM.#1023169 Signatured*k NOTARY PUBLIC-CALIFORNIA 9 ORANGE COUNTY IVotary Public My Commission Exp Apr n,1998 D:RTIL"I;ATe The undersigned,as Senior Vice President of INDE'1 Al u J COMPAN9V OF CALIFORNIA,and Senior Vice President of DIEVELOPEll INSURANCE COMPANY,does hereby cetify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney,are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 9 th _day of June 199 5 9P!@r_MI997Y COMPANY OF CALIFORNIA DEVELOPERS INSUC1ArdC[COMPANY CP re S\NeU By � f ! �o"OftFe .l`ram D /LL uOn.POR.r i OC/� ��� a aa,,g IJB9 o y — 19ipM o LC Fie Pi si h c a a g �t,.,, LC Fiebiger 'd n c - SeniorVicePresident ;;wT//ran+ ,p" Senior Vice President Oa4reM1A\>` y ID-310 REV 1/95