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HomeMy WebLinkAbout02241 - MARTIN SUBDIVISION GEM ADOBE LUNA FRANCIS PASEO DE ANZA TM16581-3 � rnlM N city or Palm Springs ( : A I , 1 14' O It N I A P.O. Box 1786, Palm Springs , California 92263 (714) 323-8253 DEPARTMENT OF COMMUNITY DEVELOPMENT - ENGINEERING DIVISION .NOTICE OF ACCEPTANCE FOR ] PUBLIC AND/OR [] PRIVATE IMPROVEMENTS TO: Dennis A. Martin ACCEPTANCE DATE: July 25, 1991 P.O. Box 12735 PROJECT: Tract #16581-3 Palm Desert, CA 92255-0024 quail Point Homes This is to inform you that the following improvements have been inspected and found acceptable to the City: PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing—______3,675 _ L.F. Curbing___ L.F. Street Paving 95,-270 S.F. Street Paving S.F. Sidewalks 12,575 ___ S.F. Sidewalks S.F. Driveway Approaches 7,192 _ 5. F. Driveway Approaches S.F. Dike Paths _ _ S.F. Dike Paths -S.F. Sewer Mains _ 1,835 L.F. Sewer Mains L.F. Sewer Laterals_ _ 11950 _ L.F. Sewer Laterals L.F. Sewer Manholes—__ 8 Ea. Sewer Manholes Ea . Storm Drains _ L.F. Storiii Drains L.F. - Survey hiunuments- 7 _Ea. Survey Monuments Ea. Location: Gem Circle, Luna Way, Adobe Way and Francis, Paseo De Anza C.P.S. Urawirig No(s) .--2-4�F =T48- - —V— Permit No. 10493 Contractor(s) actually do ni y work J.4T -MOPPET-SEAERS--- MATICH CORP: Curbs, Sidewalks and-A.C.__?aving Notify your bonding company/bank to release the following bonds : July 26, 1992 No. 3SMM678-250-00 in the aniounl: of $ 456,212 Performance N0. _3SM-678-250-00 __in the amount of $ 228,106 _Labor & Materials No 3SM-6678-251-00- in the amount of $ 37,300 Monuments No. 3SM-6783315: 00. _ in the amount of $ 68,.432 Maintenance Security Construction bond in Lite amounL of for Cingineer ADKAN ENGINEERS Bond............. o./Bank- _­BAIZKER _B0NDS- Comments City of Palm Springsiss -h6l-ding a $17,000 caste 06 nLf for sewers as Moffet Const, has a lien against Tract #1T358 - Submitted Approved by Approved 4W? f.i �� Engineering Manager . tang eef Community D velopment Distribution : Original to Addressee; Copies to City Clerk , Engineering File, Chief P.W. Inspector, Building, General Operations Index No. 9106 Dennis A. 4 Helen Martin _ Subdiv Impr Agr for Tract 16581-3 AGREEMENT #2241, CM signed, 9-5-85 CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of SEP lg_, by and between DENNIS A. MARTIN & HELEN MARTIN hereinafter collectively referred to as Subdivider" and CITY OF PALM SPRINGS, a municipal corporation of the State of California , hereinafter referred to as "CITY" ; WITNF.SSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of No. 16581-3 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 reap, 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 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 $ $456,212.00 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 16581-3 " , a copy of which is now on file in the office of the City Engineer of t e 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 surn of $ 456,212.00 to assure the faithful performance of this Agreement, and one bond-5—the sum of T 2) lD6.00 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 . The developer shall furnish a maintenance bond at the time of execution of this agreement in the amount of $ 68,432.00 which 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. `/ y F• u Subdivision Improvement Agreement Dage 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 $ 37.300.0o 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. 6. 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. 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. 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for 16581-3 . " 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 Agreement Page 3 IN WITLESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBDIVhDER: / By: , G— DENNI A. MARTIN �1 �� B _..._ -' 4—'J ... V')-�y �I 16� e Y: — HELEN MARTIN 42600 BOB IIOPE ➢R #409 Address RANCHO MIRAGE, CA 92270 City CITY OF PALM SPRINGS, CALIFORNIA , I City Clerk City Mlanager P REVIEWED & APPROVED_ ® SMECO TITLE INSURANCE a rn STATE OF CALIFORNIA � COUNTY OF/!a� SS. n _ On this the r+� —day of ( ��7�—C�CJ/r 19 5�,before me the undersigned, a Notary Public in and for said County and State,personally appeared 000 a � ^ � M .O (..C77dz/ � FOR NOTARY SEAL OR STAMP ),personally known U to me or proved to me on the basis of satisfactory evidence to be the m person—_whosename_5-_subscribed to the within instrument OFF? ?AL SEAL acknowledged the,}�.,p��.executed the same. ` T DC50Y8�1 e,11:SI1t1C DrCVIISI{CSC "I .ice �py7;y 'p No-rAAy NU6LIC • CALIFORNIA -d ti4 d'4k✓ RI•,p_25!D= COIhNTY My comm, expires 111E 28, 1989 M ap ignature of Notary J _ Q U BOND #3 SM 678 250 00 PREMIUM $11 ,405.00 EXICUTED IN FOUR COPIES CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs , State of California, and DENNIS A. MARTIN & IIELEN MARTIN (hereinafter designated as "principal " have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated $1E P ,;t.;, 19_, and identified as project Tract 16581-3 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. - ..w. ;.. .. NOW, THEREFORE, we, the principal and AMERICAN M0T0RMTS1HSURANCEU0TAPANy , as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City") , in the penal SUM OfFour-Hundred Fift) mix Thousand,_and Two Hundred Twelve dollars ($496.212. ) 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 r rendered. r' 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 instrurr"I duly executed by the principal and surety above named, on 19_ AMERICAN MOTORISTS INSURAWT rOMpAsiq Principal Surety DENNIS A. MARTIN A /Attorney—in—Fact HELEN MARTIN (w, Kol;<? ENG. EF 6 9-15-77 , SMECO w TITLE INSURANCE c rn STATE OF CALIFORNIA COUNTY OF SS. On this the 2--2- day of_ftU C:uST _19 W, before me the undersigned, a , m Notary Public in and for said County and State,personally appeared a �'�—EIlI-- -- Pr2T 11J FOR NOTARY SEAL OR STAMP personally known to me or proved to me on the basis of satisfactory evidence to be the m person .5 whose name subscribed to the within instrument m a acknowledged that t; executed the same. (';FA OPT+1711; fsZ'l �BbOf2h Yill•�6GC110TAr!Y ts ,IFO(YNIA!VTYSignal re oY Notaryr ' My Comm 29, 150 a U /;' STATE OF CALIFORNIA 1 ss. %J COUNTY OF ORANGE 1 0 ON Aug. 28 79�5 before G me a Notary;ublhc rn and for said State, personally a ppear d tephen C. Kolb RF,RSO�ALL [ 4 known to me to he the person whose name is subscribed to the � within Instrument as the Attorney in Fact of AMERICAN MOTORISTS INSURANCE COMPANY. and acknowledged In me that he subscribed the name of said Company thereto as �•o••s••••••••••••AL SEAL •••.•• Surety, and his own name as Attorney in Fact OFFICIAL SEAL o D P. EIIIMEIER • r�. :. _ s L • - e`f- NOTARY PUBLIC-CALIFORNIA ORANGE.COUNTY • My Commission Expires Apr.25,1986 • o••o••o••••••H••♦••••• Notary Public r • BOND #3 SM 678 250 00 EXICUTED IN FOUR COPIES CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs , State of California, dnd�F,NTj,'T.G A MARTTN F HRLEIL. (hereinafter designated as "principal" have entered into an agreement weereey principal agrees to install and complete certain designated public improvements, which said agreement, dated_SE_—r nor 19_, and indentified as project Tract 16581-3 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 Lode 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 , 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 Two-Hundred Twent Eight Thousand, One Hundred Six Dollars Z28 106. , for materials furnished-or-1 abor 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 r 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 ft 1 19 Ah1EPIOAIl Pef070RI8V'�g IP151JRANCE C01VIPA1dY ll Penccipal / Surety HELEN MARTIN Atto''hney-in-Fact Stephen G Kolb ENG. EF 7 9177 • r G) SMECO TITLEINSURANCE STATE OF CALIFORNIA y COUNTYOF R`iVE)9Z) !E' SS. On this the Z--a- day of gt)CS-�>T _19$5, before me the undersigned, a m Notary Public in and for said County and State,personally appeared a DETV m i n M Pr9—T1lJ I••(-El_t_(�1 M y`1 Pr 1iT1 tJ _ FOR NOTARY SEAL OR STAMP x personally known 0 4 to me or proved to me on the basis of satisfactory evidence to be the OFFICIAL SEAL m person--whose name subscribed to the within instrument ry , and acknowledged that f M Cnbar Ii JXf*D,ne CR g executed the same. 7 win_ do+AW pV9LIC - CALIFORNIAALIFNI {;pqc"SIDE'COMITY y �jl�`� My aamm. expires JUL 28, 1989 t J Si tune of Notary - Q PAN U � r STATE OF CALIFORNIA COUNTY OF ORANGE i ss ON Aug. 28, 1985 , before N� me a Notary P bli4 in anti fpr id State, personally a ar d • I Aep en 4 1LL0 PERSoP�d�.L known to me to be the person whose name is subscribed to the within Instrument as the At orney in Fact of AMERICAN t MOTORISTS INSURANCE COMPANY, and acknowledged to me that he 'subscribed the name of said Company thereto as Surety, and his own name as Attorney in Fact �••••a•HH•peal•••••aaa•a•a•a fr *OMY OFFICIAL SEAL P. EIKMEIERNOTARY PUBUC•CALIFORNIAr ,7ORANGE COUNTY •Commission Expires Apr.25,1986 Notary Public BOND #38M 67S 251 00 PRMITUM $933.00 EXECUTED IN FOUR COPIES BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS : That We, DENNIS A. MARTIN & HELEN MARTIN as Principal, and AMMICAN MOTORISTS INSURANCE i".o) frnmjy as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Thirty-Seven Thousand, Three Hundred Dollars ($ ) , lawful money of the United States of Ame 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 agree- ment 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 mon- uments in accordance with the provision of Sections 11566 and 11592 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 q, 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 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, thpn 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. I.n the terms of the agreement or to the work or improvements to be [,,�rformed thereunder or to the plans or specifications attached to :;aid agreement shall in any wise affect its obligations on this bone , 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 2 day of , 19��. ��/J�•= %' MFRICl�N MOTORISTS INSURANCE COMPHN7 Principal urety DENNIS A. MARTIN ENG. E F 8 9/5/7,5 �. ,, ����?,,, �)l ��'���r',,,��f. �; �k S6e "C„Kolb 4�Toi�N£� Inn HELEN MARTIN FACT Y ®SAFECO + r rn STATE OF CALIFORNIA I SS. �ilyt<�SIOE COUNTY OF } On this the as day of�V DEL)ST 19257, before me the undersigned, a Notary Public In and for said County and State,personally appeared a TENNIS I� 4'11Af2TlN '20 1.1 ELE N 1'1 M R R.TI 1J FOR NOTARY SEAL OR STAMP G s ,personally known a to me or proved to me on the basis of satisfactory evidence to be the m person-5—whose name subscribed to the within instrument o - 4 FTCIAL SEAL and acknowledged that Vfe Y executed the same. + '"^ ` Dehorah SUZan(le BraVIR-Rose - > n ' NO IP POBLIC" CALtFDfdNIA 1 n (,(/j• Q,UT,tYL 1Nti77".>•�..» a` RIVERSIUE'C6lYNt`( m y Si ature of Notary .+ My Comm. expires JUL 28, 1989 J Q U STATE OF CALIFORNIA COUNTY OF ORANGE I ss ON Aug. 28 19 85 before G me a Notary Public in and for said State, personally ap Rear d Stephen r gdsh PERSONALLY known to me to be the person whose name is subscribed to the within Instrument as the Attorney in Fact of AMERICAN ►� t MOTORISTS INSURANCE COMPANY, and acknowledged to R me that he subscribed the name of said Company thereto as ♦•++♦+•♦+*++�++r,•••+++++•ae+++ Surely, and his own name as Attorney in Fact !y� r «Q- My OFFICIAL SEALP. EIKMEALI NOTARY PNGE COUNT ORNIAORANGt:COUNTYCotnmisslDnExpiresApr.25,1986 Notary Public ' 'AMEI IICAN MOTORISTS INSLONCE COMPANY Home Office: Long Grove, IL 60049 ®GROUP POWER OF ATTORNEY 1 J Know All Men By These Presents: That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint ******************************************* Stephen C. Kolb, Marie L. Jilek and Mary M. Sullivan of Los Angeles, California its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000,000. 00)******************* ** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the Chairman,the President,or any Vice President,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process:' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED,That the signature of the Chairman of the Board,the Chairman,the President,any Vice President,or their appointees designated in writing and filed with the Secretary and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof,the American Motorist5,Insurance Company has caused this instrument o be signed and its corporate seal to be affixed by its authorized officers,this dth day of Ta n t y , 19 bq Attested and Certified: \ AMERICAN MOTORISTS INSURANCE COMPANY BY R.H.Johnson,Secretary G. H.Kasbohm,Vice President STATE OF ILLINOIS COUNTY OF LAKE }ss 1,Margaret Redmore,a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires:July 6, 1988 Margaret Redmore,Notary Public FM 836-3 7-84 iM PRINTED IN U.S.A. Power of Attorney—Term CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Thy -on behalf of Jilek & Mary M Sullivan of Los Angeles CA (EACH)******* isatrueandcorrectcopyandthat that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said G.H. Kasbohm and R. H.Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHERERF I have hereunto subsgtd my name and affird the corporate seal of the American Motorists Insur- ance Company on this day of 119 5 en L.Johanson,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL(312) 540-2000, CONTRACT BOND DEPARTMENT; OR WRITE,CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. FM835-3 7-84 1M Ohut All Cune: -,C;-ndsnce; io. . 1.7t?.1 e;a. ;1_Rs�lir.1 BOND 43 SM 678 315 00 A ltH halll'P, (1h ;178I7. PREMIUM $1 ,711 .00 EXECUTED IN FOUR COPIES BOND FOR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, DENNIS A. MARTIN & HELEN MARTIN as Principal , and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Sixty-Eight Thousand. Folir Hundred Thirty, Two Dollars ($ 68,432 ) , lawful money of the United States of America, for the payment of 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 State of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT 16.581-3 1 and whereas this bond is required by said City in connection with the execution of said agreement. WHEREAS the Principal is requested to guarantee the costs of repair or replacement of defective improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Palm Springs , California. NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City, replace and repair any and all defective materials or defective workmanship with said improvements , then the above obligation to be void; otherwise to remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, 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,s,\rety above named, on ',SEPT. 12 1985 AMERICAN MOTORISTS INSURANCE COMPANY Principal Surety DENNIS A. MARTIN - �� HELEN MARTIN /Attorney-in-Fact STEPHEN C. KOLB J O) SAFECO TITLE INSURANCE v l STATE OF CALIFORNIA —I n I SS. COUNTY OF Rl V ER51 Dr On this the ZZ- day of 141)C-51ST 19 , before me the undersigned, a m Notary Public in and for said County and State,personally appeared a' '17EN tJ IS R M WcfLT11•J__ — ' a F}FI EhI M M PrATt N FOR NOTARY SEAL OR STAMP personally known s - ¢ to me or proved to me on the basis of satisfactory evidence to be the m person—whose name—subscribed to the within instrument OFF CIAL F'FA'L 00 and acknowledged that t"xecuted the same. {QIA;(if1 :�1J2tlC - ALIFORNI 1 F"#st'r r pJ07pkY l%Uk�LIC -CALIFORNIA �'�' � t t:iN" 'SIG: CUJi�LfY CtlGtTI. cxPiles R1L 28, 198g � in Sig�iature of Notary J Q U v -_ /! ` \��!r✓O�.G' .i�1\\���\�Jfd�" :. �\\\\!`��a�:Js'eJA\Z'�t\4 s���r1�//�h�\ti\..1 � STATE OF CALIFORNIA COUNTY OF ORANGE I + Sept, 12 1985 __ . before Me a No ary Public to and for said Stale, personally appeargd ,All K01h PERSON/ALLY I known to me to be the person whow narne is subscribed to the it *� within Instrument as the Attorney in Fact of AMERICAN •w MOTORISTS INSURANCE COMPANY, and acknowledged io �t me that he subscvibed the name of said Company thereto as ;;44 •;�: Surely. and his own name as Attorney in Pact "' .>+ea>•ar�aaeoa•mc•eenee•+++++m „`a✓ + y„ OFFICIAL SEAL i id ;yVIE P. EiKMEIER • .. zR NOTARY PUBLIC-CALIFORNIA n s ORANGE COUNTY • �• �,t•et�i'l7O/t'.f' - t"�" My Commission Expires Apr.25,1986*1 Notary Public p`i �� i•a♦•aa•a+a••aa•a••a••••ar•raa .� � •wrr. .r a' �h c AMf RIFCAN MOTORISTS INSUIONCE COMPANY ---IHome Office: Long Grove,IL 60049 POWER OF ATTORNEY I J Know All Men By These Presents: =r2ROUP That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint ******************************************* Stephen C. Kolb, Marie L. Jilek and Mary M. Sullivan of Los Angeles, California its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000,000.00)****** ** *** E >E ** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman ofthe Board,the Chairman,the President,orany Vice President,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED,That the signature of the Chairman of the Board,the Chairman,the President,any Vice President,or their appointees designated in writing and filed led with the Secretary and the signature of the Secretary,the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof,the American Motorist Insurance Company has caused this instrument o be signed and its corporate seal to be affixed by its authorized officers,thisth day of Tanua ry , 19 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By R.H.Johnson,Secretary G.H.Kasbohm,Vice President STATE OF ILLINOIS COUNTY OF LAKE }ss I, Margaret Redmore,a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged thatthey being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. G My commission expires:July 6, 1988 vMargaret Redmore,Notary Public FM836-3 7-84 1M PRINTED IN U.S.A. Power of Attorney—Term CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Tanitary 'T1985 on behalf of Jilek & Mary M Sullivan of Los Angeles , —CA (EACH)***x #* isa true and correct copy and that that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and 1 do further certify that the said G. H.Kasbohm and R. H.Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF I have hereunto subscribed my name and �aff'x the corporate seal of the American Motorists Insur- ance Company on this 9 2th day of Sept. 19�5 5 en L.Johanson,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL(312) 540-2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. FM 836.3 7-84 1 M i ..' e