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HomeMy WebLinkAbout02140 - PETERS SUBDIVISION TM 19396 Cindy,Berardi From: Carol Templeton Sent: Tuesday, September 28, 2010 1:28 PM To: Cindy Berardi Subject: RE: TM19396: SIA A2140 J M Peters Co Inc. Hi 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.tem pleton alms rin sca. ov http://www.gcode.us/codes/paimsprings/view.php NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. CONFIDENTIALITY NOTICE —This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (760) 323-8253 X8741 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. From: Cindy Berardi Sent: Tuesday, September 28, 2010 12:11 PM To: Carol Templeton Subject: TM19396: SIA A2140 J M Peters Co Inc. <<File: A2140 J M Peters Co., Inc..pdf» Can the attached Subdivision Imp Agr be closed out? Cindy 5erarc i iO.M. Peters Co. , Inc. - Subdiv Impr Agr for TM 19396 AGREEMENT #2140 CITY OF PALM SPRINGS signed by CM 9-6-84 SUBDIVISION IMPROVEMENT AGREEMEN THIS AGREEMENT, made and entered into this day of SEP 6 11"' 19 by and between ,] M PETERS CO. INC. hereinafter collectively referred to as "Subdivider and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract No. 19396 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 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 $ 339,800.00 ; 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 19396 11 , 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 $ 339,800.00 to assure the faithful performance of this Agreement, and one bond in the sum of 169,900.00 to assure payment of the cost of the labor and materials for the imprdvemerits 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 $ 50,970.00 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 $ 17,800.00 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. 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 Tract No. 19396 " 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 WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUB IVI ER: J. M. PET C -M INC. sf L-s, reSBy: . Thomas C. Siffermann, ViVecutive V.P. 1601 Dove Street, Suite 190 Address Newport Beach, CA 92660 City ATTEST: CITY OF PALM SPRINGS, CALIFORNIA B -a4=-y_ City C1 erk Gi ty manager REVIEWED & APPROVED ENG. EF 5 8/76 STATE OF CALIFORNIA ass. COUNTYOF ORANGE on July 30, 1984 I_ before me,the undersigned,a Notary Public in and for m said State,personally appeared Jamas M. Peters and Thomas C. Slffexmann E personally known to me(or proved ro me on the basis of satisfactory evidence)to be the persons who executed the within instrument as a i� E President and EXQq- V.P-. r .on behalf of 0 oU J.M. PETERS COMPANY, INC. m e o c the corporation therein named,and acknowledged to me that � UFFiC1AL SEAL o 'w such corporation executed thewdhin instrument pursuant to its + JACALYN C. WHITMAN U <,0-'.�,,,}.;;�,� NOTRVPLMLIC-CALIFURNIA by-laws or a resolution of its board of directors. N x--f- T"; PRINCIPAL OFFICE IN X ^' ' '= ORANGE COUWy t `µ� i.r WITNESS my hand and official seal. ee`` - My Commission Exp,Sept 26, 1936 c�i Signature-'. _�/.Cl /IN ( (This area for official notarial seal) �NID N0. 711155S PREMIUM $5 ,097 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs , State of California, and J.M. PETERS, CO. INC. (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement, dated SEP 6 IN , 19 and identified as project TRACT NO. 19396 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELopERs IlysURANc�. �Drvnp nr as surety, are held firmly bound unto the City of Palm Springs , hereinafter called ("City") , in the penal sum of THREE-HUNDRED THIRTY NINE THOUSAND AND EIGHT HUNDRED dollars ($ 339,800.Ogawful 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 July 30 19 84 . CORPORATION 0M STATE OF CALIFORNIA COUNTY OF ORANGE }SS. y q ,^ On -��_ o� �� �,�to� ,before me,the undersigned,a Notary Public in and for said State, - W W personally appeared x personally known to me (or proved to me on the basis of satisfactory _ aevidence)to be the person who executed the within instrument as Power of ts, Attorney on behalf of Developers Insurance Company, the corporation (.. therein named,and acknowledged to me that the corporation executed,t. ira OFFICIAL SEAL a, R DOROTHY THOMAS WITNESS my hand and official seal. � m NOTARY PUBLIC - CALIFORNIA Priacipal Office In ORANGE County f ��-��--it-.c— •"oF My Commission Expires June 11, Signare 1986 DIC 304(REV.7184) This area for Official Notarial Seal ]?'SDWER OF ATTOZ,1;l Y • Nei, 006336 F.O. Lox 3343, Anaheim, Calif. 92803 T—KIPHII',F_TEOTS]DATE:DDaoan her 31, 100Z KNOW ALL MEN BY THESE PRESENTS:That DEVELOPERS INSURANCE COMPANY, A corporation,duly organized and existing under the laws of the State of California, and having its Home Office in the City of Anaheim,California,has made,constituted and appointed and/does by these presents make,constitute and appoint DAVID C. BANFER its true and lawful Attomoyy(o in-Fact.specifically and only on Contract Bonds,Court Bonds and Miscril-laous Bonds,uichulin�all Subdivision and D.R.E.Bonds, rsevedintha Stateof Ca llforni- in an amount not exceeding$1,500,000 in any single undc.LzMcg in accordance n£dn its eLareas and to bind the corporation thereby as fully and to the same extent as if such bonds were signed bythe President,sealed with the corporate seal of the corporation and duly attested byits Secretary, hereby ratifying and confirming the acts of Attorney(s)-in-Fact may do to.here u;ssents. This power of Attorney does not cover the following: Bank depository bonds,mortgage deficiency bonds,mortgage gua'anae bonds,guarantees of matnllment paper,note guianLee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bands,wareiionec bonds,selFmsures s bonds,f_dohty bonds.b=_il bri16i,wage law bonds.and bonds of No Exeat or fiduciary bonds. , This power of attorney is granted pursuant to Article IV,SanUau 11 and 12 of By-laws of DEa7ELCP1r`,_o IIIS9YIRtSIUi CCMPAFIR adopted on the thirtieth day of March,1979,and now in full force rind�fbir. Article IV. Appoiu liaeut and AudmrityofEssideur Assistant Secretaries,told Attorney-1mPact and agents to aeoeptLegel Process and Make Appearances. Section B.The Charmii n ol'tire Board,the President,any Vice President,inly Segel ait,army Treasurermay appoint attorneys-in-fact or agents with power and authority,as defined or Conned in their respective power of attorney,for and on behalf of the corporation to execute and deliver,and affix the seal of the car poration thereto,bonds,an F,,telungs,recognizances,consents of.r'uiety or other written obligations in the nature thereof and any of said officers mayremove such attorney-in-fact or agent artd revoke the power and authority giaon to him. Section 12,Any bond,undertaking,recognizance,consent of snrecy br written obligation in the nature thereof shall be valid and binding upon the corporation when signed by the Chairmen of Lhc Board,the President,any Vice Pi esident or anyTreasurar and duly attested and sealed,ff a sealis required,by any Secretary or when signed by the Chairman of tiro Hoard,the Fiesideny and Vice President or any Treasuierand countersigned and sealed,if a seal is required,by a duly authorized attorney-in-factor ages L and any such boat,undertaking,recognizance,consent of surety orwritten obligation in the nature thereof shall be valid and binding upon the corporation when Ail-executed and sealed,if a seal is required by one crossed attorneys-in-Fact or agents pursuant to and within the limits of the authority granted by his or then jrowers ui attorney. This power of attorney is signed and sealed under and by authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COML nIJY at a meeting duly called and held on the third day of August,1982,and that said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President or Assistant Sem etary of this corporation,maybe shinned or printed on any power of attorney,on anyrevocation of any power of attorney,or certificate bearing such facsimile signature but shall not be valid and binding upon the corporation unless the seal of the corporation is affixed on such power of attorney,revocation of any power of attorney,or certificate bearing a facsimile signature." NOTICE:1. 'Pions power void unless corporate seal perforates power next to signatures. 2. This Power void if altered or erased. 3. Power of attorney should not be returned to Attorney-m-Fact, but should remain a permanent part of the obligee's records. IN WITNESS WHEREOF,DEVELOPERS YNSURANCE COMPADFY has caused these presents to be signed by its Secretary,audits corporate deal to be hereunto affixed this third day of August,1982. DEVELOPERS INSURA2•ICE COMPANY BY Paul E. Griffin,Jr.,S.smlay STATE OF CALIFORNIA COUNTY OF LOS ANGELES as, On this thirtieth Clay of Septembay before me personally came Paul E.Griffin,Jr.,ro me known who being byme duly swum,did depose and say.thathe is Secretary of DEVELOPERS INSURANCE COMPANY,the corporation described in and which executed the above instrument,thathe knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like cider. .urn OFFICIAL SEAL O( MARY ROSEN 10) kOLApY pUBLEC - C21J°of:Sd4A LOS AUGEL£S COUfflY BY: My comm. expires DEC 20, II965 STATE OF CALIFORNIA COUNTY OF LOS ANGELES as I the undersigned Vice-President of DEVELOPERS r"JVSURFS^ICE COMPANY,a California corporation,DO HEREBY CERTIFY thatthe foregoing and attached POWER OF ATTORNEY remains in lull force and has not been revoked;and furthermore that Article IV,Sections 11 and 12 of the By-laws of the corporation,scathe Resolution of tine Board of Directors,set forth in the power of attorney,are now in force. Signed and sealed at Anaheim,California,this 30th day of TUIy , 19 84 Thomas H.Tyrall,Jr.,Executu, me Pinadent WARNING! This is a copy sighted docwneuL Any unauthorized reproduction is 'DEVELOPERS INSURANCE COMPANY,1982 piohdabol THIS POWER IS VOID balers the scale are readable,teeL is in broom ink All Rr,hts Reserved, signatures are in blue ink and rvemng is in red ante BOND No. 711155S PREMIUM Incl. in Perf. Bond CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and J.M. PETERS, CO. INC. (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install an co p7 certain designated public improvements , which said agreement, dated _ 1 19 , and indentified as project TRACT NO. 19396 J is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors , 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 SIXTY NINE THOUSAND AND NINE HUNDRED Dollars ($�6 , 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 July 30, 19 84 . CORPORATION dY - STATE OF CALIFORNIA ORANGESS - COUNTY OF "�"'�✓`'�4 �y� �. On i Tf_ 1 ,,ld ,before me,fhe undersigned,a Notary Public in and for said State, k." W personally appeared 5 personally known to me (m proved to me on the basis of satisfactory W evidence) to be the person who executed the within insb ument as Power of P, Attorney on behalf of Developers Insurance Company, the corporation Q F., therein named,and acknowledged to me that the corporation executed it. OFFICIAL SEAL WITNESS my nano and officia+scal. DOROTHY THOMAS w e, ° NOTARY PUBLIC � CALIFORNIA Principal Office In ORANGE County My Commission Expires lone 11, 1986 Signa e DIC 3M(REV 7)34) This area,for Official Notarial Seal _. e _, ".� _ BOND NO. 711157S PREMIUM $267 .00 BOND FOR FAITHFUL PERFORIMANCE OF MONUMENTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, J.M. PETERS , CO. INC. as Principal, and DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRIN STATE OF CALIFORNIA, in the sum of SEVENTEEN THOUSAND AND EIGHT HUNDR Dollars ($ 17 ,800.00 ) , lawful money of the United States of America, for the payment 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 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, 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 find agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work or improvements to be horformed thereunder or to the olana nr _f-+= hed to .ais bone. CORPORATION LJR�J -I of Dr to STATE OF CALIFORNIA SS. COUNTY OF ORANGE and On ,�111 e� 4*144 ,hefole me,the undersigned,a Notary Public in and Cur said State, 7e above W ry I . ° E.ut 1Clllding W personally appeared 5 5' personally known to me (or moved to Inc on the basis of satisfactory a evidence)to be the person who executed the within instrument as Power of a+ Attorney on behalf of Developers Insurance Company, the corporation OFFICIAL OFFICIAL SEAL a0 DOROTHY THOMAS tom. therein named,and acknowledged to me that the corporation executed¢. _y m NOTARY PU1BLIC - CALIFORNIA - WITNESS my hand and official seal w Pdacipal 0(flce In ORANGE County HIy Commission Expires )une 11, 1986 Sig tature This area for Official Notarial Seal D C. BANFER DIC 304(REV.7(84) PDX17T R0 TA TiY.yLlrEY L'&-/ 063J0 --� I rlel LI tr •l_�_ . F.0. Fox 3343, Anaheim, Calif. 920803 lE:'i PfRFr^1II.5LI DATE:Decmriiber 31,19131 KNOW ALL MEN BY TUESE PRESENTS:That DEVELOPERS fNSURANCE COMPANY, A corporation,duly organized and existing under the laws of the State of California, and having its Home Office in the City of Anaheim, California,has made,constituted and appointed and/does by these presents male, constitute and appoint DAVID C. BANFER its tore end(awful Attoine ),-m-Faot,specifically and only on Contract Bonds,Cout Braids and Mfccellni eous Bonds,iucludin:;all Subdivision and D.R E.Bonds, issued in the State— 1311forllldinanamountu.texceedhig$1,500,000 in any single unchrtalcinp in accordance va th i j ollaiter and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the Presider„sealed,nth the cm norato seal of the eor ,+coon a id duly attested by its Secretary, hereby ratifying and confirming the acts of Atterney(s)-m-Fact may do to,:Lena p:scent,' 'Phis power of Attorney does not cover the following. Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds, guarantees of installment paper,note guarantee bonds,bonds on financial uisl itutions,lease bonds,insurance company qualifyin_;bonds,warehouse bonds,self-insureds bonds,Ldality bonds,bwl bonds,wage law bonds,and bonds of Ne Exert or fiduciary bonds Thus power of attmpay is granted pursuant to drl isle IV,Sac"ioo I1 and 12 of tly-laws of DEVIE.O P El!31116VJP,.r l I JJ;,3hill'A.ITR adopted on the thirtieth day of March,1979, and now in full fore,and effect ArticleIV Appoinon'-i and Anthori ty of Residenr Assist arm Cam'emi its.and A LI orv6 in-F,i c Land agents to accept L ogal Process and Make Appearances. SectrenlI The Chairman of the Board,the President any Vice President any f,ecre-It casee Treasurer may appoint attmnoys-in-fact or agents with power and authority,as ell of hhmted in Hachvespecuve cower of artonrey,for and on behnU of the coipmaton to arsenic and deliver,and affix the seal of the sector ati.n thereto,bond,,undertakings,mros waiw—consents A sm.ty or other written obligations in the nature thereof and any of said officers may remove such attorney-m-Fact or ageur and revoke the pore, and authority given to]um. Sectwu 12. Any bond,mulr.i al ina,i ecogmeance.ronsont of sa,el y or.viitten obligation in the nature thereof shall be valid and binding upon the corporation when signed by the Chairman of the Board,the Proafhlent,any Vice President or any Treasurer and duly attested and sealed,if a seal is required,by any Secretary or when signed by the Chafrma-,of!it(!,card,the President,and Vice President or any T,easmm and countersigned and sealed,if a seal is required,by a duly audimrzed aCcer cy-in-factor ag_n:„ocl uny-ouch bond,undertaking,i ecognizence,consent of surety or wi rt en obligation in the nature thereof shall be valid and Loading upon the corporation whoa duly^accutod and sealed,if a seal is required by one or more attorneys-m-Fact or agents pursuant to and within the limits of the authority granted by his or thus jj,w ire of attorney. This power of attorney is signed and sealed under and by authority of the follovufng Resolution adopted by the Board of Directors of=,`1E]LOPERS JeCEITOAdIC11 COMPANY at a meeting duly called and held on the third day of August,1982,and that said Resolution has not been amended or repealed: "RESOLVED,that the signanux of any Vice-President.,Assistant Secmtary of this corporation,maybe aff'u,ed or printed on any power of attorney,on anyrevocation of any powerof attorney,ce certificate bearing such faesnr ile signature mishap not be valid and binding upon the corporation unless the seal of the corporation is affh ed on such power of attorney,revocation of any power of attorney,or certificate bearing a facsimile signature." HOTICE:1 This Power void unless corporate seal perforates power nest to signatures. \ 2. This Power Peril if offered or erased. 3. Power of attorney should not be returned to Attorneyun-Fac,but should remain a permanent part of the obligee's records. IN WITNESS WHEREOF,DEVELOPERS IIFISURANCE COMPANY has caused those presents to be signed by its Secretary,seethe corporate seal to be hereunto affixed this third day of August,1952. _ - - DEVELOPERS INSURAITC3E COR/F`ANI BY!z _ - Paul E.Griffin,Jr, Sacreta y � STATE OF CALIFORNIA COUNTY OF LOS ANGELES as, On this thirtieth day of September,before me personally came Paul E Griffin,Jr,tome known who being byme duly sworn,did depose and say:that lie is Secretary of DEVELOPERS INSURANCE COPAPAITY,the corporation described in and which executed the above instrument;that he(mows the seal of said corporation;that the seal affixed to the said inst alreat is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation and that he signed his area thereto by hire order. a ® SEAL MARY ROSEN4�— MARY R / m NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNIY BY: ram' My comm. expires DEC 20, 19R5 SPATE OF CALIFORNIA COUNTY OF LOS.ANGELES sir I the mulersigned Vice Presidentof DEVELOPERS INSURANCE COMPAN d,a California corporation,DO HEREBY CER LIFY thathe foregoing and attached POWER OP'A'P`I'ORNEY remains in full force and has not been revoked;and furtherami e that Article IV,Sections 11 and 12 of the By-laws of the coiToratioli,and the Resolution of the Board of Directing, set Toth in the power of attorney,are now in force. Signed and sealed at Anaheim,California,this 30th day of Zllly , 19 84 Thomas H.Tyrell,Jq Esecuti ice President WARNiNGI This ,a a copyrighted document Any enauthaneed reprodvcden s .DCVECOI'CRS R9SUAANCC COMPANY,1902 p oh,bned.THIS PMVER IS VOID unless the scale as i oadeble,texc,e m brown inle .All Cold,Rese'rell rixnowres me in also c],and warning L iv red sk h UNU P10. i I 111�bs PREMIUM incl. in Perf. Bond BOND FOR MAIINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We , J.M. PETERS, CO. INC. as Principal , and DEVELOPERS INSURANCE COMPANY as Surety , are held and firmly bound unto the CITY OF PALM SPRINGS , STATE OF CALIFORNIA, in the sum of FIFTY THOUSAND AND NINE HUNDRED SEVENTY Dollars ($ 50.970.00 ) , 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 Hap Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT 19396 , 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 r 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, eytPncinn � P +,m A — the CORPORATION principal STATE OF CALIPORNIA ` • ORANGE �� , - -�}ss. r COUNTY OF I E .r'u ,before me,the undersigned,a Notary Public in and for said State, gPAATY 'On w t"Y't1V.C1 �e SANFLR a W personally appeared _ x personally known to me (or proved to me on the basis of satisfactory - W evidence)to be the person wbo executed the within instrument as Power of a _ - a Attorney on behalf of Developers Insurance Company, the corporation r,.aw_e...a,�,..a,.,a....:..-r.,_,• OFFICIAL SEAL F therein named,and acknowledged to me that the corporation executed it. '"` DC1ROT1-fY THOIVIAS y" , ry NOTARY PUBLIC - CALIFORNIA ounty WITNESS my hand and official seal :�-F"rNc�ty ' p7laCip01 Ofiiee In ORANGE County rvr My Commission Expires June 11, 1986 Signat Yhis areafor Official Notarial Seal DIC 304(REV.7184) POWER U.Tr'A iGIRN -Y No. 006337 P.O. Box 3343, Anaheim, Calif. 92803 .LI P"E S.,T1011 DATTS:Bacemloes 31, 100A ICNOW ALL MEN BY THESE PRESENTS:That DEVELOPERS INSURANCE COMPANY, A corporation,duly organized and existing under the laws of the State of California, and having its Home Office in the City of Anaheim,California,has made,constituted and appointed and/does by these presents make, constitute and appoint DAVID C. BANFER its true and lawful Att l eylfs)-ipp-Pact,ppecifmally and only on Contract Bonds,Court Bands and Mlsccllmreoue Bonds,including ed Subdivision and D.R.E.Bonds, issued in the State of l3 L l IOrnl 3 in an amount not exceeding$1,500,000 in any single undermldeF in accordance with its charter and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed vdtli the corporate real of the corporation slid duly attested by its Secretary, hereby ratifying and confirming the acts of Attorney(s)-in-Fact may do to these presents. This power of Attorney does not cover the following: Bank depository bonds,men tgage deficiency bonds,isortgngs gumnnlse bonds, guarantees of installment paper,note gre raraee bonds,bonds on financial msWtutona,lease hands,insurance company qua6�y hig bouda,warehouse bonds,self-insurer's heeds,fidelity Smrde,bm1 boialc,Jorge law bonds,and bonds of No Float or fiduciary bonds This power of attorney is granted pursuant to Article IV,Section 11 and 18 of By-laws of DEVEPAD`?' 'RS INSURANCE COMPANY adopted on the thirtieth day of March,1979,and now in full force and effect. Article IV. Appointino,it andArdlrority of Roeident AssimauL Secretaries,and Attorney-in-cart and agents to accept Legal Procoss and Make Appearances. Section II.The Chmrmau of die Board,the Premdeet.any Vice Proaiden5 any Secretary or any Treasurer may appoint attorneys-in-factoregents with power and authority,as d ed m efin linuted in their respecl,we power of)Uao o azy,for and i behaL of the corporation to execute and deliver,and affix the seal of the corporation thereto,boedc,undertakings,recognizances,conscids of surety or other written obligations in the nature thereof and any of said officers may remove such attorney-in-fact or agent and revoke the power and Author ty given to hum. Section 12.Any bond,undertaking,recognizance.,consent of suety cr written obligation in the nature thereof shall be valid and binding uporithe corporation when signed by the Chairman of the Board,the President,any Vice President or any Treasurer and duly attested and sealed,tin sealis required,by any Secretary or when signed by the Chairman of the Board,the Piondurd,and Vice President or any Treasurer and countersigned and sealed,if a seal is required,by a duly authorized attorney-in-fact or ager;i and anv such bond,undertaking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and boding upon the corporation when dnpa escuted and sealed,if a seal is required by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their powera of attorney. This power of attorney is signed and sealed under and by authority of the following Resolution adapted by the Board of Directors of DEVELOPERS INSURANCE COMPAI'IY at a meeting duly ealled and held on the third day of August,1982,and that said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President or Assistant Secretary of this corporation,maybe affixed or printed on any power of attorney,on anyrevocation of any power of attorney,or certificate bearing such facsimile signature but shall notbe valid and binding open the corporation unless the seal of the corporation is affixed on such power of attorney,revocation of any power of attorney,or certificate bearing a facsimile signature." NOTICE: 1. This Power void unless corporate seat perforates power next m signuQuses. 2. This Power void if altered or crated. J Power of attorney should not be returned to Attorney-m-Fact,but should remain a permanent part of the obligee's records IPl WITNESS WHEREOF,DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary,andits corporate seal to be hereunto affixed this third day of August,1982. DEVELOPERS INSSUR�ANNfCLuE/u COMPANY hlyz Paul E. Griffin,Jr.,Secreta y STATE OF CALIFORNIA COUNTY OF LOS ANGELES as. On this thirtieth day of September,before me personally came Paul E.Griffin,Jr,tome(mown who being by me duly sworn,did depose and say:that he is Secretary of DEVELOPERS INSURANCE COMPANY,the corporation described in and which executed the above instrument,that he knows the seal of said corporation;that the seal affixed to the said rnetrvment el such carpel ate seal,that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. g - O MARY L SEAL O� MARY ROSEN {a© NOTARY PUBLIC - CALIFORNIA . •�,. LOS ANZELES COUNT BY:- 0 '�_" "•� Giy comm. expires DEC 2 , 1985 STATE OF CALIFORNIA COUNTY OF LOS ANGELES as. I the undersigned Vice-President of DEVEILOPERS dfdSURANCE COMPAI'+TT,a California corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not bemuevoked,and for Claremore that Article TV,Sections 11 and 12 of the By-laws of the corporation,and the Resolution of the Beard of Director's,set forth in the power of attorney,are now in force. Signed and sealed at Anaheim,California,this .3OLh day of July ,19 84 Thomas H.Tyrell,Jr.,Executi ice President WARNING! This is a copyrighted document. Any unauthorized reproduction is 'DEVELOPERS INSURANCE COMPANY,1982 pm ented'PHIS POWER IS VOID unless theseals air readable,text ssmbrownrah, All Rights Reserved .signatures are in blue mix and wring is in red mlc