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HomeMy WebLinkAbout03285 - VICTORIA PARK PLACE SUBDIVISION AGR TM 27542 Cindy Berardi From: Carol Templeton Sent: Wednesday, September 29, 2010 6:04 PM To: Cindy Berardi Subject: RE: TM27543: A3285 Victoria Park Place Trust SIA Cindy, I would assume that this can be closed out. We have no bond decrease letters stored in the computer and all of the files are stored in archives (which cost$30 to get out of archive). I have never heard of any problems associated with this project, so I would say close it out. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct (760) 323-8253 Ext. 8741 Fax (760) 322-8360 or 322-8325 Please note new email address: Carol.templetonepalmspringsca.gov http://www.gcode.us/codes/paimsprings/view.php NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. CONFIDENTIALITY NOTICE —This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (760) 323-8253 X8741 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. From: Cindy Berardi Sent: Wednesday, September 29, 2010 5:11 PM To: Carol Templeton Subject: TM27543: A3285 Victoria Park Place Trust SIA Can the attached be closed out? <<File: A3285 Victoria Park Place Trust SIA.pdf» Cini.9 5crar& The Victoria Park Place Trust d Subdiv Improvement Agr Tract 110. 27542 AGREEMENT n 3286 CITY OF PALM SPRINGS CCi Signed, 10-7-93 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ?�3— day of SEPTEMBER 1993 , by and between THE VICTORIA PARK PLACE TRUST, 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 Tract No. 27542 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 $69 , 002 . 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 Tract: No. 2754211 , 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 $69, 002 . 00 to assure the faithful performance of this Agreement, and one bond in the sum of $34 , 501. 00 to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby. Page 1 of 3 L .o yr7 Subdivision Improvement Agreement Page 2 of 3 Both of said bonds shall bin 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 $10, 350. 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. . 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, 350. 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 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. ------ ----- - - -- Subdivision Improvement Agreement Page 3 of 3 9 . Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 27542" by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 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. " SU� R7A�PARI/ PLACE TRUST By: ( R �I�E�ROB,ERT JEFFERY COX P . O . BOX 967 `/ Address PALM DESERT , CA 92261 City CITY PA SPRI C LIFORNIA City Clerk ity ana er REVIEWED & APPROVED APPROVEP BY THE CITY(-OUNCIL BY 7 NO. 144653S IUM $1,412.00 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and VICTORIA PARR PLACE TRUST (herein 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 _Tract No. 27542 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. NOW, THEREFORE, we, the principal and as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City" ) , in the penal sum of SEVENTY THOUSAND FIVE HUNDRED EIGHTY NINE & 30/100 dollars ($70,589,30 ) 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 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 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 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 agreemen- or to the work or to the specifications . Page L of 2 i,, Faithful Performance Bond Page 2 of 2 IN WITNESS WHEREOF, this instrument has been duly executed by th principal d surety above named, On SEPTEMBER 15 , 1993 . _ DEVELOPERS INSURANCE COMPANY - rincipal Surety ---- Attorney=i_r; �act - F.T. RIELEY, SR STATE OF CALF o. w COUNTY OF I r✓ ¢ a c%c. } S.S. � 1 q w z z - 3 On before me, 0 y f oa N ry Public nand for staid[`aunty and State,per orally geared FOR NOTARY SEAL OR STAMP 1 personally known to me(or proved to me ig the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the Or-FICIAL SEAL a within instrument and acknowledged to me that he/she/they executed 2. �.-....:�� �� K the same in his/her/their authorized ca pacy(ies' ) y oTFF P,NIEWNJBO]DE S,and that b his/her/their NOTAFlY PUBLIC-CA.LIFOgNIA =t e signature(s)on the Instrument the per on(s),or the entity a on behalf w kp -:° PRINCIPAL OFncF IN j of which the person(s) acted, exec ed the instrument. \,' ,m , RlvEasloFcouniiv TT+ \; ' My Ce RIVPRSI FC Fe1'.13,1995+ etc-� WITNESS my and and official I N 1 Signature ' F 2492(5-91) �id No. 144653S Premium Included CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and VICRORIA PARK PLACE TRUST (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 Tract No. 27542 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 Thirty-Five Thousand, Two Ninet Four & 65/100 Dollars ($35,294.65 ) , 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 Page 2 of 2 IN WITNESS WHEREOF, this instrument has been duly executed by the principal an surety above named, on _ September 15 , 1993. _ DEVELOPERS INSURANCE COMPANY Pr ' cipal Surety Atto-n y-ip ct _ F.T. KIELEY, JR STATE OF CALIFO �^ z COUNTY OF r✓ `� } S.S. w rn � (w9 w On before me, 0 Y a tary Public I and for said County and State,pe ally appeared FOR NOTARY SEAL OR STAMP 0 LL personally known to me (or proved to me on tI a basis of satisfactory wevidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/the executed aoa�+ctiF.V � E..,rosea�e 9 Y �� OFFICIAL SEAL � the same in his/her/[heir authorized ca i ies,and that b his/her/their +'•"'" t \ 'NIE ANN PODDE p ty(' ) y �L� STEPH/, signature(s)on the instrument the p rson(s),or the entity upon behalf r. „e NOTARY PueuC-CALIFORMA t •` C7an PRINCIPALOFFICEIN Of which the persons) acted, eX uted the insfrume +��• F�-`=t?iY�• RIVERSIDE COUNT/ a� WITNESS m nd and offici seal iZ �n My Commission Exp.Feb.13.1995 �!I Y ao�waraa�,;,, Signature —`"� �`-/ F 2492(5-91) a D NO. 144653S • 1�MIUM INCLUDED CITY OF PALM SPRINGS BOND FOR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, VICTORIA PARK PLACE TURST as Principal, and as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of le 1hojigAnd Fi P h, n lr F gh y F'gh & 40/100 Dollars ($10,588,40 ) , 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 Tract No, 27542 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 Spring;, 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 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 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 . Page 1 of 2 Bond for Maintenance of Improvements Page 2 of 2 IN WITNESS WHEREOF, this instrument has been executed by the p 'n al and s ty above named, on SEPTEMBER 15 , 1993. DEVELOPERS INSURANCE COMPANY Pr 'ncipal Surety Attorney—in`—Fa nw ' E.T. KIELEY, SRr/ - V - q STATE OF CALIFOR 5I COUNTY OF _ } S.S. n w m 0 w On ` 2 z � ore me, 3 o z F Na aN ary Pub is in said County and State,p ly appeared FOR NOTARY SEAL OR STAMP 0 r a personally kn wn to me(or prove to me oq:tiie basis of satisfactory M evidence)to be the person(s)whose name(s)is/are subscribed to the ice'{"''"""` OFF ICIALSEAL within instrument and acknowledged to me that he/she/they executed STEPHANIEANN oODDE he same in his/her/their authorized ca acit les,and that b his/her/their P Y( ) Y IVOTAHY PUSLIG-CALIFORNIA ignature(s)on the instrument the pe son(s),or the entity ehalf PRINCIPALOFFICE IN LC 1� RIVERSICECOUNTY Of which the pefson exec ted the instfument. My Commission Exp.Feb.13.1995 WITNESS my ha and official al ec«< J Signature F 2492(5-91) P* P��?7FI 4V A770PNEY +jF Wj1R9TV COMPANY ®F CALQP© A AND DEVELOPPER3 INSURANCE COMPANY N° 144898 P.O. BOX 19725, IRVINE,CA 92713 - (714)263-3300 NOTICE. 1. All rowel and amhonty heroin granted shall in any event telminate on ilia 31st day or March, IC06. 2 This Power of Atfamcy is vend if altered or If any portion is erasad. 3. This Power of Attorney Is void unless the seal is readable,the Lost is in blown Ink,the slgnamreS are in blue ink and this no9ce is in red ink This Power of Aaorney should not be romi nod to fire Ahmney(s)-In-Fact,bul should iefnain a pemanent parr or the obligea's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, VNDENINI V COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***F. T. KIELEY, JR.*** 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 Attorney(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 Attorneybd-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 ball bonds. 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,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 attorney(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 cerlificate 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OP CALIFORNIA DEVELOPERS INSUOAPICE COMPANY By V -1 ey� Da e F siincentl,Jr Dan F.Vmcentl,Jr President GeopFOn 'aAOT Pfesldent ATTEST ATTEST w Ia10 j /�'/�Z 'IY By Az,4 Walter Ci owell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenb,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the persons)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capachyges),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 =----------- OFFICIAL SEAL y��- TIRESA TAAFUA Signature �� _ ��^ NOTARY PUBLIC-OFFICE CALIFORNIA + i �` PRINCIPAL OFFICE IN M e ORANGE COUNTY My Commission Exp.Auy.1,1995 N�N�NM�MN� CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY Y COMPANY Of-'CALIP02NIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby ceibfy 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 farce as of the date of this Certificate This Ceiuhcate is executed in the City of Irvine,California,this 15 _day of SEPTEMRER ,1993 IM'DrMLAITY COMPANY OF CAV.IEORC.'VA v;FaM DEVE3 OPE"S INSURANCE COMPANY SU S IN R9 BY ��L�' f'7l / By J 06➢ o l� > IBip LC Flebrger o c a L.C.Fiebiger d o Senior Vice President /(/Fon�w.S Semor Vice President ID-310 REV A193 - - a • • Bond No. 144676S Premium $50.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL, PERFORMANCE OF MONUMENTATION KNOW ALL MEN BY THESE PRESENTS: That We, VICTORIA PARK PLACE TRUST as Principal, and as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA , in the sum of Eight Aoundred Twenty Five Dollars ($825.00 ) , 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 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 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 additions to the terms of the agreement or to the work or improvements or to the plans or specifications . Page 1 of 2 ! • Bond For Faithful Performance of Monumentation Page 2 of 2 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 coasts incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. 4 VP DS this 15 day of SEPTEMBER , 1993 DEVELOPERS INSURANCE COMPANYipal Surety STATE OF CALIFORNI r COUNTY OF S.S. �! - 2z - q2 4N ,41ic before me, 3 zc�a in and County an a ,personally appeared04e i FOR NOTARY SEAL OR STAMP w a � Z personally known to me(or proved to me on the basis of satisfactory w evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed OFFICIALSEAL the same in his/her/their authorized capacity(ies),and that by his/her/theiry I�n p r r �, r_ f. . STEPHANHEANI4 cODDE 3 a signature(s)on the instrument the p son(s),or the entity upon behalf NOTARYPUBLIC-CA.L1fORNIA 4 J/I of which the person(s)s acted, axe fed the instrument. A .J=+s6 Z p O �.�"� w4. PRINCIPAL OFFICE ITd +§=S•S'-rari}{ RIVERSIDE COUNTY My Commission Bir.Feb.13,1995 WITNESS my and and officia seal `...... µ*aws�ese N Signature � J F 2492(5-91) IN MTV COMWANY OF CALIFUhRA AND DEVELOPEPIS INSURANCE COMPANY N° 144897 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE. 1. All power and authority heroin granted shall in any event terminate on the 31st day of March, 1903 o This Po,ver of Attorney Is void ii altered or if any portion Is erased. 3. This Power of Adoi nay is void unless the seal is readaole,ilia text Is in brown ink,the signaines are in blue Inl;and the nol oe Is in rod Ink 4. 1 his Power of Attorney should not bo rammed to ilia Attorney(s)-In-Fact,cut should remain a permanent part of ilia obligee's records. KNOW ALL MEN BY THESE PRESENTS,that, except as expressly limited, IFIDEP^.7HI COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***F. T. KIELEY, JR.*** 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 Attorneys)-In-Fact full prover 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 Attorney(s)-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 swetyship. Bank:depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of Installment paper,note guarantee bonds,bands on financial Institutions,lease bonds,Insurance company qualifying bonds,self-Insurer's bonds,fidelity bands or ball bonds. 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSUDP.NCE COMPANY,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 atiorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary 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 bond,undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSInk;JA9CE CON't1i have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this list day of Apnl,1993 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By� . u-U.1.�F,t ` By OwA . u r1/ Da a F.Vincent,Jr. �P xr!Y Dan F.Vincenti,Jr 01__1 PI cement o oT PresidentPATTEST Isci o ATTEST��//�7� / By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Or Aprd 1, 1993,before me,Tiresa Taafua,personally appeared Dante F.'Vincenti,Jr and Walter Crowell,personally known to me(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 capacity(ies),and that by belher/their signatures)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. v 2 OFFICIAL SEAL T Signature IRESATAAFUA— '. NOTARY PRINCIPAL OFCALIFORNIA IN PRINCIPAL OFFICE IN ORANGE COUNTV V My Commission E.P.Aug.1,1995 t NS CERTIFICATE The undersigned,as Senior Vice President of INDE[4iNir V COMPANY OF CALIFORNIA,and Senior Vice President of OEVELOPENS INSURANCE COMPAKV,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 farce as of the date of this Certificate This Certificate is executed in the City of Irvine,California,this 1 S day of—9F,=MBER ,1993. INDEMNITY COMPANY OF CALIFORFIIA oe(,AR o^ DEVELOPE6S INSURANCE COMPANY StNsu d.s R AO�ory Peq,q:•�� FR oRPCR,q 'p = oCY 5. BY L.C.Rebiger / g4mO A, 1361 •a By L ClF�iebeige, o N Iovo R a Senior Vice President •°�y r�Fon'la` Senor Vice President r/rent"r� ID-310 REV.4/93