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HomeMy WebLinkAbout02658 - SUNSPOT KRAMER SUBDIVISION TM 22401 Cindy Berardi From: Carol Templeton Sent: Wednesday, September 29, 2010 9:00 AM To: Cindy Berardi Subject: RE: TM22401: A2658 Sunspot- Kramer(SFR's) 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(o7 pal mspringsca.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. 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From: Cindy Berardi Sent: Tuesday, September 28, 2010 5:59 PM To: Carol Templeton Subject: TM22401: A2658 Sunspot- Kramer(SFR's) Can the attached by closed? <<File: A2658 Sunspot - Kramer SIA.pdf» Cindy t)erarc i CI IN 01: PAL 1iM SPRINGS unspot-Kramer TM 22401 !!bdi v Improvements l AGREEMENT #2658 SOHO.lVI510N 1MPf2UEMENT AGREEMENT CM signed 12-22-88 THIS AGREEMENT, made and entered inttii this 20 day of ., _ , 19 by and between SUNSPOT__-_ i<f1A11ER,__R Ca_1_�prrrla_ General _P-ar_tner&hip- ----- hereinafter - __— collectively referred Lo as 'Subdivider° and CITY OF PALM SPRINGS, a municipal corporation df the State of California , hereinafter referred to as "CIfY" ; W1INESE H: WHEREAS, Subdivider has prepared and 'filed a final subdivision map of Tract No. �24� 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 dedicatiolt those parcels of land intended for streets , highways and other public use, anal also to construct and install or agree to construct and install certain ieuprovemetts ; and WHEREAS, Subdivider, by said map, has, offered fur dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the s reets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to he acceptance of the dedication of such streets and easements by City, Subdivider s 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 time City Engineer to he approximately $ 202., ir1)il , NOW, THEREFORE. 11 IS AGREED by and b .tween the parties hereto as follows : I . Subdivider, at his sole cost and .xpense, shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be consitructedlas a condition precedent to the approval of said final map and acceptance of such streets and easements, as shown on the "Improvement Plans for Traci_Ns2._- 224Qz___ " a copy of which is now on file in the office of the City Engineer of the City an which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City lood and sufficient bonds executed by a corporation authorized to transact: surety 'usiness 9n the State of California on forms approved by City, one bond in the sum of $ 202,790,00 to assure the faithful performance of this Agreement, an one honil iri the soar of $ LO1,398_01 — to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed he eby. Both of said bonds shall be deemed ex neraLed 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 . Said maintenance bond shall remain in effect for a period of one year ru dale of acceptance of the improve- ments. 3. Before final approval of street improvements, the subdivider will place survey monuments in accordance with the pr visions of the State Subdivision Map Act and the Subdivision Ordinance of the C ty of Palm Springs as shown on the Tract Map. 1 Subdivision ImprovJ111t Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid, the subdivider does hereby agree to firni;h a good and sufficient bond in the amount. of $ II ,f300.00 to guarantee )ayment of the cost of setting monuments as stated in Rem ilt�. 2 of this agreement. 5. The City Engineer or his dul authorized representative, upon written request of Subdivider, shall inspect :he improvements herein agreed to he con- structed and installed by Subdivider, and, if determined to he in accordance with the applicable City standards, s,rall recommend the acceptance of such improvements by the City. 6. Subdivider shall completes :h 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 Weed 10 percent of the original total estimated cost, of such improvements. B. Subdivider shall guarantee sach improvements for a period of one year following the completion by Subdivider, and acceptance by City, against any defective work or labor dame, or defective materials furnished, in the performance of this Subdivision Improvement: Agreement by Subdivider and shall repair or replace any such defective Mork or materials discovered during said one year period. I 9. Subdivider shall commence th . construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 2.2401. 01 the City Engineer, and shall complete such construction and insiaiiations w thin 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 lsuch 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 uch performance by City. 11 . In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs an expenses incurred by City in securing performance of such obligation's, incl cling costs of suit and reasonable attorney's fees. 12. Subdivider hereby binds itse' f, its executors, administrators and assigns, and agrees to indemnify, der nd, and hold the City harmless from any iOSSeS, claims, demands, factions or cruses Of action Of any nature whatsoever, arising out of or in army way connecter, with the imurovempnla a"rpnd Ir, inn STATE OF CALIFORNIASS. COUNTY OF RIVERSIDE ON THIS 9th DAY OF December , IN THE YEAR 1988 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Rodney H. Burreson , PERSONALLY KNOWN TO (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON THAT EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT. WITNESS MY HAND AND OFFICIAL SEAL. OFFICIAL SU,,L SANDRA M. (�Ik�.d_LP�rtCiS I,SIGNATUR i�ti 4 k,�. Jµ :b�C,(µ}e'�+� 14vARY W611U—C„LFOR4l. PRINCIPAL OFFICE PN .� Sandra M. Gallerani R1vE.MIDE Cw,fffy ^i^5'•.. " MY CmeMSv'M UPI=FW.23,19w Subdivision Improvement Agreement ` Page 3 IN W111;ESS WHEREOF, the parties here u have executed this Agreement; as of the day and year first'above written, i SUB IVI li: �6 U 13y: [�o By: --- s VkL Add 'e5" CIT�11 OF PALM SPRINGS , CALIFORNIA City Clerk L�City Manager 1 REVIEWED & APPROVED_&' i "EXECUTED IN illy ORIGINAL COUNTERPARTS" 1 BOND # SUR 08 43 63 PREMIUM $4555.00/2 YEARS CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs , State of California, and SUNSPOT - KRAMER, A`Ca_lifornia General Partnership (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement, dated_U2 )9 19 and identified as project__.___ Tract No. 22401 is hereby referred -------------------- - — ------------- to and made a part hereof-;—and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and GOLDEN EAGLE INSURANCE COMPANY as surety, are held firmly bound unto the City of PalmSprings, hereinafter called ("City") , in the penal sum of Two Flundred-_Two_Thousand Seven Hundred Ninety_Eioht dollars ($ 202 798 ) 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 per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications . ' IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on DECEMBER 7 1988 SUNSPOT-KRAMER, A CALIFORNIA GENERAL P TNERSHIP GOLDEN EAGLE INSURANCE COMPANY Principal Surety a . / /J STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE ON THIS 9th DAY OF Decemher , IN THE YEAR 1988 r BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Rodney H. Burreson r PERSONALLY KNOWN TO (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON THAT EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT. WITNESS MY HAND AND OFFICIAL SEAL. F Of i CI AL SEAL SANDRA M. VVILLEPA['dd SIGNATURE ��( � /LQ� ,r NalARV +UELIr—CAA.FORMA. 04 HI NCIPAL OFrtC[fN Sandra M. Gallerani ,, P�VEi7SIUNCQiDF. ti fa �YIXrmlh6'Cn Fryyrty 6aS.27,19lIl1 c ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 7TH DAY OF DECEMBER 1988 BEFORE ME PERSONALLY APPEARED GIGI M. PAGE , KNOWN TO ME TO BE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGEDTO METHAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. //��' 11 /` � OFRCIAL SEFlL .:�1'J����ti C�,✓-L'/G�-L' L���< (J/u��ri?� ERINHCBERT (i ,,., � ,�,.,,p NOTARY PUBLIC-CALIFORNIA �� � Y� PRINCIPAL OFFICE IN ���"` SAN UIEGO COUNTY ��.✓ My Comm. Eup.Auc�.Y 1, 19U2 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California POWER OF ATTORNEY K CW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and Existing under the lass of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: ---> GIGI M. PAGE of San Diego, California <--- its true and Imful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal scan of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amount of no one bard or undertaking exceeds five million dollars ($5,000,000). 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 Golden Eagle Insurance Company at a meeting daly called and held on April 10, 1984 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 Conpany, 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 "RFSOLUEII: That the Attorneys Irk-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 Collpany may require, and any such bonds or undertakings executed by any such Attorney-In-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHERECE, the said Golden Eagle Insurance Company has caused these presents to be excuted by its officer, with its corporate seal affixed. this July 29, 1988 GIUM TAEFE 0011PI4iY STALK: CF CALIFORNIA SS: COUNTY OF SAN DIEGO By� K chae] E. J President On this 29th day of May, 1988, before the subscriber, a Notary Public of the ate of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President, of GOLDEN EAGLE INSURANCE COMPANY, tore personally known to be the individual and officer described in and who executed the preceding innstrurmnt and lie acknowledged the Execution of the same, and being by nm Orly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, and that the said Corporate Seal and his signature as such officer were duly affixed and sudnscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WFERIDF, I have hereunto set my rand and affixed my Official Seal, at the City of San Diego, the ray and year first above written. fr ,u:&UNT9 STATE CIF' CALTEORNIA SS: n COUNTY OF SAN DIF dOTARYFO:JNIA" Notary Public Q.. ,9, SAN DIEGOMY CO M E on I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER � ATIORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHERF.CF, I have hereunto subscribed my name as Secretary, and Ed Corporate Seal of the Corporation, this 7TH day of DECEMBER 19 88 LARRY G. MABEE Secretary "EXECUTED IN FOUR OR I TNAL COUNTERPARTS" CITY OF PALM SPRINGS • BOND # SUR 08 43 64 LABOR AND MATERIALS BOND PREMIUM $2528.00/2 YEARS WHEREAS; the City Council of the City of Palm Springs, State of California , and SUNSPOT —KRAPIER�_ A Califor is Genera _ P_ Her- Lip. - (hereinaFter designated as"principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement,. dated„n[CL 1nRa, 19_, and indentified as project Tract No. 22401 _ 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 Cal ifornia. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors , subcontract- ors, 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 One Hundred One Thousand Three Hundred Ninety Eight Dollars 101 ,398 1 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. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on DECEMBER 7 19 88 . SUNSPOT-KRAMER, A CALIFORNIA GENERAL PARTNERSHIP GOLDEN EAGLE INSURANCE COMPANY Principal Surety BY: y✓ BY: - -�� GIGI M. PA/JG/",/ torney-in-FV, -71'75�VASO ROAD STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE ON THIS 9th DAY OF December , IN THE YEAR 1988 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Rodney H. Burreson , PERSONALLY KNOWN TO (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON THAT EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT. WITNESS MY AND AND OFFICIAL SEAL. '_% UFAM. SE",L n .£"1:1�.. SAtdt3tlA M. G�LLEftAN! ` SIGNATURE '(;�,V/L�Lti- �" =1 - �" NOTARY HELM—CALIFORNIA PRINORAL OFFICE IN RIVERSIDE CDUN7Y Sandra M. Gallerani ^^y' 4yGWlWsrM FapiM Feb.23.19M ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 7TH DAY OF DEICEMBER 1988 BEFORE ME PERSONALLY APPEARED GIGI M. PAGE KNOWN TO ME TO BE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. .�:'o`--.. OFFICIAL SEFlL - -�^�- o NOTFlRY PUBLIC-CALIFORNIA = ea I`}r�Fb �1 PRINCIPAL OFFICE IN SAN OIEGO COUNTY My Comm.Exp.Aug.i i,1992 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California POWER OF ATTORNEY [OM ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, laving its principal office in the City of San Diego, California does hereby nominate, constitute and .appoint: ---> GIGI M. PAY, of San Diego, California <-- its true and lawful agent and attorney-in-fact, to male, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument Executed hereunder shall not exceed the sun of any and all bonds and undertakings, provided the amount of no one bord or undertaking exceeds five million dollars ($5,000,000). 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 Golden Eagle Insurance Canpany at a meeting duly called and held on April 10, 1984 which said Resolution Ins not been anerded 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 reprove such Attorneys-In-Fact and revol4r the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-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 Coapa y may require, and any such bonds or undertakings executed by any such Attorney-In-Fact shall be. binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this July 29, 1988 MM EAU Il OQPli[i4 STATE OF CALIFORNIA OOUNIY OF SAN DIEGO SS: By I Michael E. Jr es, President On this 29th day of May, 1988, before the subscriber, a Notary Public of the ate of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. Janes, President, of WIDEN E4fLE IDSURANCE COMPANY, to nm personally known to be the individual and officer described in and who executed the preceding instrunent and lie acknowledged the execution of the sane, and being by ne duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, and that dime 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 Wl1EREDF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. nl SF AL STATE OF CALIFORNIA SS:E LET.CGDNIY GF SAN DIEGO NOUF PUi1LIG-CALIFGRNIA, SAN DIEGO COUNTY Notary Public OhIM. EXP. OCT. 1,1990 I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insuurance Company, do hereby certify that the original FOWER OFATIORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, aid Ins not been re eked. IN WITNESS WHERECIT, I have hereunto subscribed my name as Secretary, and ed Corporate Seal of the Corporation, this 7TH day of DECEMBER _ 19 88 LARRY G. MABEE Secretary `EXECUTED IN FOUR ORIGINA COUNTERPARTS" CITY 01 PALM SPRINGS BOND) SUR 08 43 66 BONI) FOR -AI 11117UL 1'LRFORMANCE OF MONUMENTATION PREMIUM $295.00/ (Subdivision Agreement) 2 YEARS KNOW ALL MEN BY THESE PRESENTS: That We, SUNSPOT - KRAMER, A_California_ General Par tner'sh_ip P.O. BOX 2205, PALM SPRINGS, CA 922.63 _ as Principal , and GOLDEN EAGLE INSURANCE COMPANY — BOND DEPT. , 7175 NAVAJO RD. , SAN DIEGO CA 92119-1642 as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Eleven Thousand Eiqht_Hundred Dollars ($ 11.B00.00 _� , 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 Sub- division Ordinance of said City, for the setting of survey monuments in accordance with 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 Tract Map, and WHEREAS the Principal , after setting the monuments , agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments , all in accordance with the requirements of City 's Subdivision Ordinance. NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified therein, and shall make full payments to all con- tractors, 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 . 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 7TH _ day of_ DECEMBER 1988 SUNSPOT—KRAMER, A CALIFORNIA GENERAL PARTNERSHIP GOLDEN EAGLE INSURANCE COMPANY Principal Surety STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE ON THIS 9th DAY OF December IN THE YEAR 1988 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Rodney H. Burreson , PERSONALLY KNOWN TO (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON THAT EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT. WITNESS MY HAND AND OFFICIAL SEAL. ,ram OFFICIAL SEAL Q�� SMIORA M. OALLERANJ S IGNATURE , NOTARY PUJLIC—CALIFORNIA PRINCIPAL OFFICC IN r 'M RIVERSIDE COUNTY Sandra M. Gallerani `'.aw kYCmmise:rn�:OUes Fob.23.1990 ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 7TH DAY OF DECEMBER 1988 BEFORE ME PERSONALLY APPEARED GIGI M. PAGE KNOWN TO ME TO BE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. l��✓rJ rL OFFICIAL SEAL ERIN HEBERT 0 NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN EGO COUNTY S My Comm..Exp.Aug. 11,1992 1 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California POVNER OF ATTORNEY 10M AIL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and Existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: ---> GIGI M. PA(R of San Diego, California <--- its true and lawful agent and attorney-in-fact, to male, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sump of any one such instrument executed hereunder stall not exceed the suns of any and all bards and undertakings, provided the amount of no one bond or undertaking exceeds five million dollars ($5,000,000). This power of attorneys is granted and is signed and sealed by facsimile Under and by the authority of the following Fesolution adopted by the Board of Directors of the Golden Eagle Innsurance Company at a meeting duly called and held on April 10, 1984 which said l-solution has not been amended or rescinded and of which the following is a true, full and canplete 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 renove such Attorneys-In-Pact aid revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-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 binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Innsurance. Company has caused these presents to be executed by its officer, with its corporate seal affixed. this July 29, 1988 GOUIEN EA(ZE OOI�ANY STATE CF CALIFORNIA SS: COUMiY OF SAN DIEGO By: chae,l E. J President On this 29th day of May, 1988, before the subscriber, a Notary Public - the ate of California, in and for the County of San Diego, duly cammissioned and qualified, cane Michael E. James, President, of GDLDFN EAGLE INSURVCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrumient and lie acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, tint he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, 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 WHERBJF, I haws hereunto set my hand and affixed my Official Seal, at the City of Sal Diego, the day and year first above written. Diu s-r.I STATE Cie CALIFORNIA ;u i,ALLER CODNIY OF SAN DIEGO SS: .,,\X '',%�oSANvDIEGO COUNTY ie b.. . Notary Public MY CO,1M. EXP. OCT. 1,1990 1 the uidersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original FOWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, aid has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and ed Corporate Seal of the Corporation, this 7TH day of DECEMBER 19 88 LORRY G. MAWE Secretary DEC 12 'nfl 12; 12 UPI scHWnRTZ, [nC Ee P.6S BONTf � SUR 08 43 92 1U0#1 6R MATNlEIAIdCE iF 1MPEt(iV>.MEJJFS `PREMIUM $81.00/ANNUM (Subdivision Aka leer. ISiOId ALL 14EN BY THESE'' PRF'SENTS: � That We, _SUNSPOT r KRAMER,. Fl Califo�lnta_ general Partnership _ . _ .. P.O. BOX 2205, PALM SPRING, a; Principal } and GOLDEN E T AGLE,TNSURANII COMPANY- BOND_ pEPT. .. . _.�_ 7175 NAVAJO ROAD,` SAN DIEGO, CA 92119-IL642___ •.__ __. as Surety, arty held and f'irnpl bDuord unu the. CITY OF PALM SPRINGS, ;"IML OF y _fir ` JiFour lirariclrcd 1'pgCntY..._...�_._. CA9.1FlM2PJ1i1, in the Burr. n fhi' i:y_..Fhtltt.ta . WIlars (S �QwQrO 0�, la ;lrvl money of tho Unitad States of Ainr�rica,'I-or the payment of which sum, Well and truly to be mate, we bind uitr•- -ejveS, our heirs, *xecutorS and 4UPt'Pss' Ir^;, ,jointly and severally, fir-Filly b.,, thr:se presents. THE CONDITION OF TNIS OBLIGATION iS SUCi1, than; L414EREAS 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 Sun- division Map Act; of the State of California, for the improvement of the streats and easements offered for dedication on : be final map of TRACI No. 2'2401 y` and whereas this hoed is r(1Gu'lrctl by sai L•fty in connection_)� BxBCuttCr) or said Agreement._ IVERFAS the Principal is renueatedf to guarantee the costs of repalr or replacement of defective i6nprooefnent. co h;truCtio'n weak or materials within said Subdivision, which guarantee shall remaiin in effect for a period of one year from the date of aCCcptanc(: of work by tine k,ity of Palm Springs , Califay-nia, NOW TiiEREFORE, if the Principal sh"Ill for a period of one year from and aft(r the date of completion and accep trice of said work by said City, replace and repair any and all defective niateri,115 car defective workmanship with said improvements, then the above obligation to be void; othcrwise to remain in full force and effect. As a part of the obligation securr� I hereby and in Addition to the face atiount specified therefor, there shal be included cost, and reasgnablp expenses and Fees, including rea5onab7 attprne,S' s fees, iocurr:d by the City in successfully enforcing such ohligat hn. all to be taxed a5 costs and in- eluded in ,ariy judgment renderer(. the Surety hereby stipulates and 'agrees that no change, extension of tinge, ai tera'tion or addition to the terms ofj the agreement or to i'.itet work to be per'- foo sd thereunder or the specificarion.s accompanying the same shall Jn anywise affect: its obligation, on this boned, Arid it does hereby waive notice at any such change, extension of tinge, attera6on or addition to the terms of the agreement or to the wDrk ur to 0P. sprr'ificllt'lonti. IN WITNESS WHEREOF, this in;strornk t has been, duly executed by" the prIncipa'l anti surety abov^ naabed, ran DECEMBER1 ;14, 19 88 SUNSPOT—KRAMER, A GENERAL PARTNERS P _GOI_DL AGLC. .INIS,UP,ANfE i'rariripal — Suret� i iGIG! M. A Attbrney-' mrr t STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE ON THIS 15th DAY OF December IN THE YEAR 1988 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Rodney H. Burreson , PERSONALLY KNOWN TO (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON THAT EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT. WITNESS MY ND AND OFFICIAL SEAL. OFFICIAL 5LAL SIGNATURE KDTM PUKIC-CA IF021MA 1 r'+11'•' , ;rly'�_ MNCIPA.L G.ilfl IN Sandra M. Gallerani ;, f RIVERSIDE CCIAdPe Ely CnmmLUn EyPru Feb.23,190b f � • ACKNOlVWL.EDGA ENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 14TH DR( OF DECEMBER 1988 BEFORE ME PERSONALLY APPEARED GIGI M. PAGE , KNOWN TO ME TO BE(OR PROVED TO ME ON 'I'HC BASIS OF SA!ISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,ANDACKNOVVLEDGE1 TOMETHATHEIS-IE EXECUTED THE WITHIN INSTRUMENT. IN WIT'Nf:SS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIR ST WRI-Fi Ell ABOVE. i ;+%":,:-T OFFICIAL SEAL y1 %I L ERIN HEBERT I) 'Is NOTARY f'U 6LIC-CP.LIFORNIA PIflNGIPAL OFFICE IN sau DIEGO COUNTY My Comm Exp Aug 11, 1992 i I i i I GO LV+EN 'EAGUT INISU ANCE COMPANY E XE11_,9.TIVE c..f:F CES San Diego, Cie iifoinia POWER 01"AT fOf NEY MM All, MEN BY 'IIIESE rR SENIS, 'Ihat the Golden Eagle insurance Gnnparty, a Corporation duly organized cnd e fisting undec the laws of tlK EVla1e of California, Irving its principol office fit the City of San Diego, California does hereby nunirl<nte, constitute and appoint; - GIGt M. PAU. of San IJiego, California <--- its true End laT/d'ul agent and atl.orney-in-fact, to make Pxecute, seal aid deliver for and on its bet-ME as surely, bands, consents of surety, and ieidertalclnE in sur lyship provided, licxrrver, that the petrel sumof any one such instrcment executed hereunder s9rnll not au ced the ^run of any and all borcls and undertakings, prcd idecl tine aimuint of no one bond or milertakin exce f e g eds million dollars ($5,000,000). 'this pimer of attorney is granted End is sighed and sealed by facsimile under Laid by the a.ithority of the following 13,solution adopted by the Board of Directors of the Golden Eagle Insurance Company at a neetinlg (illy called at(] held on April 10, 1094 which said Rkesolution has nol: been awivie1 or rescim-led clad of vAdch the following is a true, full Bend cnnplete copy. "R1,S01VED: That the, President or Secretary may from time to time appoint Attorneys-In.-Fac:L Lo reprosenL and act for arrl on behalf of the, (:ompany, arri either the President or Secretary, the Board of Directors or Executive Committee my at any time reimve such ttorneys-ln-Pact aal reci)l'ce the Poiler of Attorney Liven him or her; and be it further "RE-9OLVE1D: That the AtLorneys-in-Fact may be given in�ll pwr Lo execute for and in the nine of aryl on behalf' of the Company any aryl all boncts and urxdertakiries as the business of the Coupany may require, end any such [touch or undertakings exeectited by any such Attorney-fn-Fact shall be binding upan the Caupaniy as if sig)ied by the President. arr,D sealed and attested by the Secretary." IN WITNESS WHEREO , the said Golden Eagle lnsurance Coiirany has caused tliese presents to be enlecuLed by its officer, with its corporate seal affixed. this July 29, 1988 9i1YfL13Itii TI!'l� Y� CiQMP.�Y �r i STME OF CALIFDRNIA r // (MNIY OF SAN DIEiCA SS: Py ,/j L chael E. Jai Presilont Lli this 29th day of May, 1988, he.rore the stlnscri.ber, a Ntlptary Public of the Late of California, in aid for the County of Sun Diego, cbtly canntissioned and quaiified, ckir MicErxel E. Jaws, President, of (T)LDLT] EAGLE IMURANUE CQMPANY, to ne persomlly igiowm to be the itylividual and officer described in aid who executed the preceding' instrument and lie acdmowleeled the execution of the same, aid being by we drily sworn, delwseth Latd saith, that he is the said officer of tfie Gonrany aforesaid, -rind drat the seal affi;ad to the preceding instrument: is the Corporate Seal of the said Canpany, aid that the said Corporate Seat and his sigmiture as such officer were duly affimdl Eid subscribed to the said instrument by the aatho ity and direction of the said Corporation. IN WITNESS 11,1ERFUl', I have hereunto set my bruin aid affina=d my Official Seal, at the City of Sail Diego, the bn,y and year first above written. ltGhfYf,M^+�r^:Rv4MH+CH%`fi9.'SMf,4 AL STATE' GY r.ALIY-DRNIA CC'JYl'Y OF SAN DIEGO SS' clotniwiU,IGct.uvonrvin 1�'\4n v, m SIIIV DIEGO CVDNTY -- '0111 UP. OCT. 1,1990 Notary PiMic �xNG.9{F!JSiF3WPiRM-WTMfM31.MJ.tid'.+J4.� I the undersigned, Carry G. Mabee, Secretary of the GoI( n Eagle Insurance Crntpiny, do hereby certify thAt the original 14)WER G'�' ATRAINEY, of which the foregoing is a fill, true and correct copy, is in full''foe,ce and effect, aid los not been revdted. IN VIFUNESS WHHI ECF, I Name hercunto sultscribed my mane as Secretary, and 9,P i/Rcd kid C.c1-1xn•ate Scal of the Cordnratiou, this ._-4-Ta—day of G13MM1lER—_—_ — — LARRY G. 14&W1 Secretary