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HomeMy WebLinkAbout02852 - ROBERTSON SMITH TM 23760 SUBDIVISION Cindy Berardi From: Carol Templeton Sent: Wednesday, September 29, 2010 6:21 PM To: Cindy Berardi Subject: RE: PM23760: A2852 Robertson-Smith 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.templeton@palmspringsca.gov http://www.acode.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: RE: PM23760: A2852 Robertson-Smith I won't close it until I hear back from you. C_ind.9 berardl I7p.,ty C�i�y Cleric C-Nfice of the City Cleric — R bertson - Smith bdiv Improvement Tract REEMENT #2852 23760 CITY OF PALM SPRINGS CM Signed, 6/12/90 SUBDIVISION IMPROVEMENT AGREEMENT — — -- THIS AGREEMENT, made and entered intu this /c1 /-day of / /, 19 0, " by and between Robertson=Gmith -- -,- --- ,`— — -�,,-�hereinafter collect vel referred to- as�'"Subdivider and CITY OF PALM SPRINGS. a municipal corporation of the State of California, hereinafter referred to as "C1fY" ; WITNESSEfH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract No. 23760__ in the City of Palm Springs , County of Riverside, for approval by City; and WHEREAS, as a condition precedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements ; and WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said reap 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 $ 300 750.00 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.23760 " , 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 $ 300,750.00 to assure the faithful performance of this Agreement, and one -1oiid iii tiie sum of 150,375.00 to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements , and the furnishing of a maintenance bond at the time of the acceptance in the amount of $ 45,112.00 Said maintenance bond shall remain in effect for, a period of one year from date of acceptance of the improve- ments. 3. Before final approval of street improvements, the subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract Map. The Subdivider, after setting the monuments , shall furnish the City Engineer of the City of Palm Springs , written notice of the setting said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments, or as provided for in the Subdivision Map Act. Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid, the ,subdivider does hereby agree to furnish a good and sufficient bond in the, amount of $ 3,500_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 con- structed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. G. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. il. Subdivider shall guarantee such improvements for a period of one year following the completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall continence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for ,,Tract_ Na_2376 " 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. Subdivision Improvement AgreemenL Page 3 114 WITWESS WIILREUf, the pdrlies hereto have executed this Agreement as of Life day and year, first above written. SUBUIVI 2: By• � � � r By Address„ /12 03 SAFECO TITILEINSURANCE A STATE OF CALIFORNIA l N } SS. COUNTY OF LJY�b1 C2- ))) \h On this the day of f 9 1 ,before e,the undersigned,a Nota Public in and for a said State,personally appeared �- .��-"� -ti�a2. C<.���cv� r — —. N personally known to me or proved to m me on the basis of satisfactory evident to be the erson`i who rL ry p FOR NOTARY SEAL OR STAMP x executed the within instrument as L� of partners of the partnership that executed the within instrument,and m acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SE f D ITr ® ? moTAaYPUBLICfVALrFo Signature � �ca OiR CALiFORN1A NGE GOUNTY My Comm. expires fV0V 11 1991 r " Bond N0.113 45 87 , ! CITY OF PALM SPRiMGS Premium. $6,515.00 FAITHFUL. PERFORMANCE BOND =CuTED IN TRIPLICATE WHEREAS, the City Council of the City of Palm Springs , State of California , and ROBERTSON-SMITH _ (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install a d complete certain designated public improvements , which said agreement, dated �l-�� -, 19 %U, and identified as project__ 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 Insurance Company of the West , as surety, ,are held firmly bound unto the City of Palm Springs , hereinafter called ("City") , in the penal sun, of three hundred thousand, seven hundred and fifty dollars ($300,750 ) lawful money of the United States, for the payment of which sum well aR 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 Lime 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 i 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 per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications . IN WITNESS WREREOF, this instrument has been duly executed by the principal and surety above named, on Jul-v_z6th 19 89 A�•.�„-dY • ��i1 �Z�/ !/L'%(/�.� Insurance Company of the West Principal •i Surety III Attorney-in=fact Jo p A. Mason, ENG. EF 6 9-1547 STATE OF CALIFORNIA ss COUNTY OF San DiegO On this 26th day of `7�Y in the year 1989 , before me,the undersigned Notary Public, in and for the State cif California, personally appeared c) A Ma goo personally known to me (or proven to me on the basis of satisfactory, evidence) to be the person who executed the written instrument as Attorney- O FFICIAL SEAL In-Fact on behalf of the Corporation therein named and acknowledged to me KERRY JEANNETTE r -aa NOTARY PUBLIC - CALIFORNIA that the Corporation executed it. PRINCIPAL OFFICE IN SAN OIEGO COUNTY Givers undg my hand and the Notary Seal this 26� day of JAY My Commission Expires September 20, 18'1 r A.D. 19 ttii W' rnti �``''•'= ......... My Commission expires September 20, 1991 ICW Cal 316R(04/86) otary PIY lie STATE OF CALIFO a ss. COUNTY OF I m a E On ,before me,the undersigned,a Notary Public in and for 0 O said Sta person II appeared m U � E E a personally known to me(or proved to me on the basis of satis- LL factory evidence) to be the person that executed the within t ins rumen partner(s),on behalf EL� the partnership therein named and acknowledged to me that the partnershipnet. expires JUL 1, 1991 executed it. m o WITNESS my hand and official seal. 0 m LSignature6 -� LPL (This area for official notarial seal) 0 t► INSURANCE COMPANY OF THE WEST HOME: OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: JO A. MASON its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 18TH DAY OF NOVEMBER 1986 `��pµPANY�i INSURANCE COMPANY OFT WEST �2 �GMtURA tFa sin F v�Rnl 1.��{� y �RurOflN�� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 18TH DAY OF NOVEMBER 'M e the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official-Seal, at the City of San Diego, the day and year first above written. Y'1P1V VLtia'ti,`a'Sr•'�•rlai-Po u*f'."�',.'V�I5.Mh1.S'r'Y rmw ,'' ^r° '/ - _ • Notary Public •e',�.'•4 ram'.�i',.�,1t:'_'�ti_'.:r�:JS.".+i a2'ILV�'L1t STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WJ6T�E55 WHERE _J have hereunto s4isceibed my name as Secretary, and affixed the Corporate Seal of the Corporation, this LL day of YY 19 ' �pMPANrcF ��°�cn, :P'��I Secretary CiTY OF PALM SPRING• Bond No. 113 45 87Premium included inLABOR AND 11ATERIALS BOND en Permrformance end EXECUTED IN TR7:PLICATE WHEREAS: the City Council of the City of Palm Springs, State of California , and ROB1RTSON-SMITH (hereinafter es id- grated as 'principal'j ra�i `ve entered into an agreemene whereby principal agrees to install and complete certain designated public improvements , which said agreement, datedO , Z_ 1990, and indentified as project Tract No.23760 I — is hereby referred to and made a part I Tereof; and WHEREAS, under the terms of said agreement, principal is required before'l 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 , subcurrtract- ors, laborers , materialmen and other persons employed in the performance of tile aforesaid agreement and referred to in the aforesaid Civil Code in the sum of one hundred and fifty thousand, three hundred and seventy-five Dollars f5�, 15�,fur rnater�iaT-� 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 r claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to (live 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 arid remain 1n 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. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on" July 26th , lg 89 . Insurance Company of the west o —T-,Tlncipal urety --- ttorney-in-Fact 4Tk. Mason ENG. EF 7 9/77 STATE OF CALIFORNIA ss COUNTY OF San DieQO On this 26th day of `7u-Y in the year 1989 , before me,the undersigned Notary Publicr in and for the State df California, personally appeared Tn A Macon personally known to me (or proven to me on the basis of satisfactory OFFICIAL SEAL evidence) to be the person who executed the written instrument as Attorney- KERRY JEANNETTE In-Fact on behalf of the Corporation therein named and acknowledged to me a a ?h NOIARY PUBLIC - CALIFOicNIA that the Corporation executed it. PRINCIPAL OFFICE IN SAN OIEGO COUNTY Givers undp� my hand and the Notary Seal this 26� day of Jay My Commission Expires September 20, 1991 • A D 19 tfy My Commission expires September 20, 1991 ICW Cal 316 R(04/e 6) ataq Public STATE OF CALI NA Iss. c COU O ✓ ^ E ,before me,the undersigned,a Notary Public in and for 0 0 sold Stat persona ly ppeared m U E G personally known to me(or proved to me on the basis of satis- factory evidence) to be the person that executed the within LL n instrument asQ__ partner(s), t{_+....1.-.`+�._ __.�.��...,...�...- y I �'-., Or EcRl CO SEAL an ba o r4/ rT', TE�;R COLL NS n ,the partnership �, i,�fry�,'�r NOTARY PUBLIC - CALIFORNIA therein named and acknowledged to me that the partnership SAN CIEGO COUNTY l mexecuted it. My comn. expires JUL 1, 1991 ro m WITNESS my he d and official seal. ^ ^ o � r o ' M Signature � Kb� (This area for official notarial seal) • INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO,CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having Its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: JO A. MASON its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 18TH DAY OF NOVEMBER 1986 �pMPANt� INSURANCE COMPANY OfTWEST o i ¢T2 y a�eMlEa ym � f MRRnI I.�Sf' Y ��4PopH�^ President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO - On this 18TH DAY OF NOVEMBER W§e the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official'Seal, at the City of San Diego, the day and year first above written, Y'V°�'Y`15ti+'n`air'L"v'e�1L"o"F."e'i•^dshr5YJ�17L'`Y a ^'' 0, SEAL y ,(:irk FORT ER - i •i "d3 C.Cf.'Ur"VIA Notary Public ��'::'1::--'":•.��:.n'^-.;v S`:r'e'S.3i Y'J1.'M:51Li STATE OF CALIFORNIA COUNTY OF SAN DIEGO S5: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full,true and correct copy, is in full force and effect, and has not been revoked. IN W.17NESS WHERE�-1 have hereunto ascribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this LL bb day of YY 19 11 / l\ .... ....• „-- - .,.. \ySCry 1 N�1 '4•1, Secretary T44[fl�N\F��, F RUM e. 7. 1?a9 10. 12 F . 3 —� 10 50140 FOR MAINTEI'IANCE OF IMIRvEMENTS Bond N0.113 45 87 A J l (Subdivision Agreement) EXECUTED IN TRIPLICA'Tb KiiOW ALL MEI4 BY THESE PRESENTS: That We, ROBERTSON-SMITH as Principal , and Insurance Company the West as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of forty-five thousand, one hundred and twelve Dollars ($45,112.00 ) , lawful money of the United States of Inca, or t e payment R which sum, well and truly to be made , we bind our- selves, our heirs, executors and successors , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or is about to enter into a written agreement with the City of Palm Springs, pursuant to the authority of the Sub- division Flap Act of the 'hate of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT No.23100 , and whereas this bond is required by said City in connection w ti tiz execut on 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 in- cluded in any Judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and suretyabove. nl!amed, on July 26th 1989 Insurance Company of the West Principal Surety - Attorney-in-Fact J A. Mason STATE OF CALIFO NI („1 1. . lee. CO m E On ,before me,the undersigned,a Notary Public in and for 0 said State,personal pearetl m ti C R-A N � U E a personally known to me(or proved to me on the basis of satis- factory evidence) to be the person that executed the within a Instrument partneds), L i �- � on behal •�--:— ����--- s ( ObF?C?AL SLAL ,the partnership ( �•° o TERM COLLINS therein named and acknowledged to me that the partnership �4r�',•I" NOTARY PUBLIC - CALIFORNIA ry 9 P P 1. '��i _._ m executed it. IY �:,,;., r �?! U17G,7 COuidiY W �' -% fly comet. expires JUL 1, 1991 m WITNESS my h d and official seal. 0 o m Signature ],�- (This area for official notarial seal), STATE OF CALIFORNIA SS COUNTY OF San Diego On this 26th day of ` U1y in the year 1989 , before me,the undersigned Notary Public, in and for the State df California, personally appeared •Tn A- Macon , personally known to me (or proven to me on the basis of satisfactory OFFICIAL SEAL evidence') to be the person who executed the written instrument as Attorney- li f JEANNETTE ' In-Fact on behalf of the Corporation therein named and acknowledged to me NU,AI(, 'r dLIC - CALIFORNIA that the Corporation executed it. N. 14dIPAL OFFICE IN z 26th July SAiu ulEGO COUNTY Given under' my hand and the Notary Seal this day of My Commission Expires Seplemher 20, 1991 A.D. 19 kf7 .r.'5t1,r',hti•.'.(tiY.vtiMy Commission expires September 20, 1991 1 (l ICw Cal 016n(04/86) otary Public INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having) its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: JO A. MASON its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED; That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 18T11 DRAY OF NOVEMBER 1986 ��eMPANroA INSURANCE COMPANY OF T WEST �cowart.r,.o'T s ��4PogWt' President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 18TH DAY OF NOVEMBER lffiAe the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official"Seal, at the City of San Diego, the day and year first above written. sJ51'dV'.1.5."`a'Nu^u'oxt1'w^fl,"�'L'SM1hM.'.'L'.LY O,-Flc:r-SEAL Notary Public STATE OF CALIFORNIA COUNTY OF SAN OIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full,true and correct copy, is in full force and effect, and has not been revoked. IN %W-UESS WHERESn-f have hereunto gi�iscrnbed my name as Secretary, and affixed the Corporate Seal of the Corporation, this b day of YY 19 7 Secret/ry .. . . . . .. . . . . . ' Pond No. 113 45 88 CITY OF PALM SPRINGS 'BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATI011 Premium- $80.00 (Subdivision Agreement) EXFLAMD IN TRIPLICAD KNOW ALL MEN BY­THESE PRESENTS: That We, ROBERTSON-SHITH as Principal , anc Insurance Company of the West as Surety, -are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNI in the sum of three thousand, five hundred Dollar ($ 3,50 �0 ___— aw u money of the Uni t�States of Amer ca, 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 Sub- division Ordinance of. said City, for the setting of survey monuments in accordance wit the provision of Sections 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 Trac' Map No.23760 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 I covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified therein, and shall make full payments to all cor tractors, their subcontractors and to persons renting equipment or furnishing labor of 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, 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. In the event suit is brought upon this bond by the City and Judgment is recoverec the Surety shall pay in addition to the above specified sum all casts incurred by the Ci.ty in such suit, including a reasonable attorney's fee to be fixed by the Court. WITNESS OUR HANDS this 26th day of July 19��. �� Insurance company of the West rincipal V Surety Attorney-in-Fact A. Mason ENG EF 8 9-15-77 STATE OF CALIFO NI I� GO OF I m E On ,before me,the undersigned,a Notary Public in and for 0 L' said State,personalQsppeared m r E G personally known tome(or proved tome on the basis of satis- N (L factory evidence) to be the person that executed the within g instrument partner(s), t on behalf ' --- - - - - - - = ` �ui• TCTA_T SiAL `m ,the partnership ( �` 7 C. 7 �J��^ TERRi CLLLLINS therein named and acknowledged to me that the partnership �, I� v¢: �,y1 NOTARY FUSLIC - CALIFOr NIA m executed it. \';�i;.,Y, / jRy Ull-6a C01}411y 10y comet. expires JUL 1, 1991 o WITNESS my ha dd1 and ,�off icciial seal. /.C.Ar::: w l�A Signature_ `y � (This area for official notarial seal) STATE OF CALIFORNIA ss COUNTY OF San Diego On this 26th day of July in the year 1989 , before me,the undersigned Notary Public, in and for the State of California, personally appeared ,Th A- Macon Personally known to me (or proven to me on the basis of satisfactory OFFICIAL SEAL evidence) to be the person who executed the written instrument as Attorney- In-Fact on behalf of the Corporation therein named and acknowledged to me RCommissiz NO.AE. v dLIC - CALIFORNIA %that the Corporation executed it. Pr..IJLIYAL OFFICE INSAN CIEGO COUNTY 26th July Given under my hand and the Notary Seal this day of Expires September 20, 1991 A.D. 19 ki7 . My Commission expires September 20, 1991�//�_� . ICW Cal 315R(04/e6) btary Public '�b�— 0 INSURANCE', COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN By THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: JO A. MASON its true and lawful Attorneys)4n-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and ail bonds, undertakings, recognlzances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed arid seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 18TH DAY OF NOVEMBER 1986 `�cpMP�xyo. INSURANCE COMPWOFTWEST 7 F MGe1VeR11FQ ,�.. � f Z ya�nl t.t9fi " ��i/f00.N��' President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this18TH DAY OF NOVEMBER 3bWge the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADYa President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seat affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official-Seal, at the City of San Diego, the day and year first above written. y1f'dV'h1,'aFa'6''.,'v'aa.�`L"'i^f^eq.'1M-M>ti1S1Vy LYFIr,:AS SEAL q -..y`"•, i `I f ":IRU�-f411gri73'IA Notary Public 14 STATE OF CALIFORNIA COUNTY OF SAN DIEGO S5: 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing Is a full, true and correct copy, is in full force and effect, and has not been revoked. - IN W991PS WHERTRE,a) have hereunto scribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this day of zY 19 �pMPANr a7/ �,aAv7�;��m\\ Hl ! cn;,rae��i