HomeMy WebLinkAboutCC Resolution 11401 (Lands of Chapel Cove)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL
MAP ENTITLED, "MAP OF CHAPEL COVE"
(APN: 184-052-08)
WHEREAS, the City Council of the City of San Rafael, State of California, did
on August 06 of 2001, in writing approve the Tentative Map entitled "Map of CHAPEL COVE"
consisting of five (5) sheets hereinafter referred to; and
WHEREAS, it appears to said City Council and said City Council hereby finds
that a Final Map has been submitted that conforms to the Tentative Map and approved
conditions; and
WHEREAS, it appears to said City Council and said City Council hereby finds
and determines that a Final Map has been submitted which is in conformity with the
requirements of the Subdivision Ordinance Title 15 of the San Rafael Municipal Code pertaining
to subdivisions, and that said City Council is satisfied with the plan of the subdivision.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of San Rafael, California, that the Final Map of said subdivision entitled, "Map of Chapel
Cove", be and the same is hereby approved, and that the City Clerk of said City be and is hereby
authorized and directed to execute the certificate upon the face of the map of the approval thereof
and, upon the filing with the City Clerk of the agreement and bond (or deposit) with the approval
thereof all as required by Sections 15.02.170, 15.11.050, and 15.20.060 of said Subdivision
Ordinance, to transmit said map to the Clerk of the Board of Supervisors of Marin County.
IT IS FURTHER RESOLVED that that certain agreement entitled, "Subdivision
Improvement Agreement", being the agreement required by Section 15.11.050 of said ordinance,
shall, when executed and filed by and or on behalf of the subdivider and approved by the City
Attorney and City Manager as provided in Section 15.02.170 of said ordinance, be executed on
behalf of said City by the Mayor and City Clerk, and said officers are hereby authorized and
instructed to do so.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the
Council of said City held on the 18`h day of August, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JEANNE M. LEONCM, City Clerk
CITY OF SAN RAFAEL, CALIFORNIA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of San Rafael
(hereinafter referred to as "City"), and Chanel Cove Partners. LLC, a California limited liability
Comnanv (hereinafter referred to as "Subdivider")..
RECITALS:
Subdivider has presented to City for approval a final subdivision map entitled: "Man of Chanel Cove".
The map has been filed with the City Engineer of City and will be timely filed with the City Clerk for
presentation to the City Council of the City for its approval, which map is hereby referred to and
incorporated herein.
Subdivider has requested approval of the map prior to the construction and completion of
improvements, including all streets, highways or public ways and public utility facilities which are a
part of, or appurtenant to, the subdivision, hereinafter called 'Subdivision', designated in the map, all
in accordance with, and as required by, the plans and specifications for all or any of said improvements
in, appurtenant to, or outside the limits of Subdivision, which plans and specifications are now on file
in the office of the City Engineer of the City.
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 of the San Rafael Municipal Code.
1. Performance of Work
All of the work and improvements and materials shall be done, performed and installed in strict
accordance with the approved plans and specifications for said work on file in the office of the City
Engineer of City, which said plans and specifications and standards are hereby referred to and adopted
and made a part of this agreement. In case there are not any standard specifications of City for any of
said work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California Department of Transportation. Subdivider will do and
perform, or cause to be done and performed, at Subdivider's own expense, in a good workmanlike
manner, and furnish all required materials, all under the direction and to the satisfaction of the City
Engineer of City, who shall endorse his approval thereon, all of the following work and improvements
related to the Subdivision as shown on the improvements plans and drawings entitled: "Improvement
Plans for Chapel Cove" and subject to the conditions, requirements and recommendations as set forth
in the reports of the City Engineer and Planning Director, which reports shall be incorporated herein
by reference. Further incorporated herein and made a part hereof by reference are the appropriate
resolutions of the Planning Commission and of the City Council approving Subdivider's tentative map.
Subdivider shall also do all work and furnish all materials which, in the opinion of the City Engineer
and on his order, are necessary to complete the improvements in accordance with the plans and
specifications on file as herein before specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required to complete the work.
Subdivision Agreement - 1
2. Soils Engineering Contractor
It is mutually agreed that the City shall determine the soils engineering firm to perform required
soils testing and investigation during the construction of the improvements.
3. Work. Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, approved by the City Engineer and upon which he
has endorsed his approval, and to the satisfaction of the City Engineer.
4. Work. Time for Commencement and Performance
City hereby fixes the time for the commencement of said work to be not later than six (6) months after
date of this agreement, and for its completion to be within three hundred sixtv-five (365) calendar days
from the date when the map is approved by the City Council. At least fifteen (15) calendar days prior
to commencement of work here under, Subdivider shall notify City Engineer in writing of the date
fixed by Subdivider for commencement thereof, so that the City Engineer in writing of the date fixed
by Subdivider for commencement thereof, so that the City Engineer shall be able to provide services
for inspection.
5. Time is of Essence - Extension
Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the
City Council may extend the time for completion of the improvements here under. Any such extension
may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve
the surety's liability on the bond to secure the faithful performance of this agreement. The City
Council shall be the sole and final judge as to whether or not good cause has been shown to entitle
Subdivider to an extension.
6. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes
and monuments shown on the map which have been destroyed or damaged, as the case may be. or pay
to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed
by reason of any work done here under, whether such property be owned by the United States or any
agency thereof, or the State of California, or any public agency or political subdivision thereof, or by
the City or by any person whomsoever, or by any combination of such owners. Any such repair or
replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
7. Utility Deposits. Provision
Subdivider shall make all deposits legally required by each public utility corporation involved in the
provision of services for the subdivision for the connection of any and all public utilities to be supplied
by such public utility corporation within the subdivision, and shall ensure that utilities are available to
said subdivision prior to final occupancy thereof.
Subdivision Agreement - 2
8. Permits. Compliance With Law
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction
of such improvements, give all necessary notices and pay all fees and taxes required by law.
8.5 Improvement Requirements on Land Not Owned by Subdivider or City
In accordance with Section 66462.5 of the Government Code, the City requires the Subdivider to pay
the cost of acquiring offsite real property interests required in connection with the subdivision,
including but not limited to, appraisal fees, title reports, surveying of land to be acquired, witness fees,
attorney fees and all costs of acquisition whether by settlement with property owners or eminent
domain proceedings.
The Subdivider may secure the performance of this provision by separate improvement security subject
to the approval of the City Attorney.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said improvement, or have a competent
foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress,
with authority to act for Subdivider.
10. Inspections
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City to
all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay
overtime incurred by City inspectors whenever the Subdivider elects to work on Saturdays, Sundays,
and holidays, and hours outside the normal City workday (8:30 a.m to 5:00 p.m.).
The Subdivider shall make cash deposits of such amounts with the City as are determined by the City
Engineer, from time to time, to be necessary to cover such anticipated inspection and engineering
costs, pursuant to Section 15.20.070 of the San Rafael Municipal Code.
When required by the conditions for approval of the Tentative Map, the City may require the work or
improvements or part thereof to be inspected by an outside consultant selected by the City Engineer.
The Subdivider shall be responsible for all fees, costs and expenses for said inspection services.
The inspection of work shall not relieve the Subdivider of any of his obligations to complete the
improvements as prescribed. Defective work shall be made good and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials may have been
previously overlooked and accepted by the City Engineer.
11. Improvement Security (100% of Approved Engineer's Estimate)
Prior to the filing of the application for final map with the City Council, the Subdivider shall present to
and file with the City of San Rafael a surety company bond in the sum of One Million Two Hundred
Ninetv-Seven Thousand Four Hundred Fiftv-Seven and 00/100 Dollars ($1,297,457.00) issued by a
company duly and regularly authorized to do a general surety business in the State of California
conditioned upon the faithful performance of this agreement and by its terms made to inure to the
benefit of the City of San Rafael. The surety on said bond and form thereof shall be satisfactory to the
City Attorney.
Subdivision Agreement - 3
Liability under said bond shall be released upon completion of the required improvements, following
the certification of same by the City Engineer, the recommendation for release by the City Manager,
and the approval of the release by the City Council, pursuant to Section 15.20.110 of the San Rafael
Municipal Code.
12. Alternate Improvement Security
The Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 11 above,
in lieu of a surety bond, cash in the amount of said required bond with the City Treasurer of the City
as a guarantee for the faithful performance of this agreement. The City Treasurer may disburse
progress payments to the Subdivider from any cash security deposits, after the Subdivider has
submitted a demand for a progress payment together with evidence of satisfactory completion of the
portion of the required improvements covered by such progress payment, following the certification of
same by the City Engineer, the recommendation of the progress payment by the City Manager, and the
approval of the progress payment by the City Council, pursuant to Section 15.20. 110 of the San Rafael
Municipal Code. No progress payment allowable here under shall be made for more than ninety
percent (90%) of the value of any installment of work and not before each installment of work shall
have been completed to the satisfaction of the City Engineer.
The final payment for the work to be performed under this agreement shall be made 35 days after
formal acceptance of the subdivision by the City upon determination of the City Engineer that all
improvements required by this agreement have been completed to his full and complete satisfaction.
As the herein above-mentioned deposit is a guarantee for the faithful performance of this agreement,
the City may, upon a breach, default, or violation of any of the provisions of this agreement resort to
the herein above mentioned deposit for the purposes of taking over the work and prosecuting the same
to completion. Upon breach, default or other violation of this agreement requiring the City to take
over the work, the City Treasurer shall release, to the City Engineer, upon written demand of the City
Engineer, such amount or amounts of the deposit remaining as the City Engineer estimates is
reasonably necessary to complete the work.
In lieu of the surety bond or cash as required by Title 15 of the San Rafael Municipal Code, an
instrument or instruments of credit in the amount of said required bond may be deposited with City
upon condition the financial institution furnishing the credit pledges to the City it has the funds
necessary, that they are on deposit as guarantee for payment of the improvements required and that the
said funds are held in trust for the purposes set forth in this agreement.
13. Labor and Material Bond (100% or 50% of Approved Engineer's Estimate)
The Subdivider shall furnish security in the amount of One Million Two Hundred Ninetv-Seven
Thousand Four Hundred Fifty -Seven and 00/100 Dollars ($1.297.457.00) securing payment to the
contractors, subcontractors, persons renting equipment or furnishing labor or materials for the
improvements required to be made by this instrument. The security may be cash, surety bond, or
instrument of credit as permitted by the Subdivision Map Act of the State of California. Such security
shall be retained by the City for a period of ninety (90) days following acceptance of the improvements
by the City or for such other period as may be required or permitted pursuant to Government Code
provisions governing the release of labor and material bonds for subdivision improvements.
Subdivision Agreement - 4
14. Monumentation Bond
Subdivider shall furnish a bond or cash deposit in the amount of NOT APPLICABLE dollars NOT
APPLICABLE) guaranteeing the payment for installation of permanent monumentation. The
monumentation shall be done to the satisfaction of the City Engineer and shall be completed 365
calendar days from the actual date of commencement.
15. Maintenance Bond (10% of the Improvement Cost)
Subdivider shall furnish prior to acceptance of the improvements by the City a maintenance bond in the
amount of One Hundred Twenty -Nine Thousand Seven Hundred Forty -Five and 70/100 Dollars
($129,745.70) guaranteeing said improvements for a period of one 1 year(s) from date of acceptance.
16. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions,
officers, agents, and employees harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage which may arise from
Subdivider or Subdivider's contractors, subcontractors, agents, or employees of the Subdivider's
contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees
to, and shall, defend, indemnify and hold harmless the City and its elective and appointive boards,
commissions, officers, agents and employees from any suits or actions at law or in equity for damages
caused, or alleged to have been caused, by reason of any of the aforesaid operations.
A City does not, and shall not, waive any rights against Subdivider which it may have by reason
of the aforesaid hold harmless agreement, because of the acceptance by City of the deposit with
City by Subdivider of any of the insurance policies described in paragraph 18 hereof.
B. The aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been suffered, by reason of any of the
aforesaid operations, regardless of whether or not City has prepared, supplied or approved of
plans, specifications, or either, for the subdivision, and regardless of whether or not any
insurance policies shall have been determined to be applicable to any of such damages or
claims for damages.
C. Subdivider agrees that the use of any and all streets and public improvements herein above
required to be constructed shall be, at all times prior to the final acceptance of the subdivision
by the City, the sole and exclusive risk of the Subdivider. The City may, at its sole option,
issue permission to occupy all or a portion of the improvements prior to Final Acceptance of
said Improvements. The issuance of any permission to occupy such Public Improvements
located within the said subdivision shall not be construed in any manner to be an acceptance
and approval of any or all of said streets and improvements in said subdivision, or that stage of
development of said streets and improvements represented by their conditions at the time of
issuance of said occupancy permit or permits, or any stage of their development reached
between the period commencing with the issuance of any occupancy permit, and the final
acceptance of said subdivision.
Subdivision Agreement - 5
17. Protection of Public Safety
The Subdivider is obligated to protect the public safety during all phases of the work, and shall erect
and maintain all necessary barricades, signs and warning devices necessary to ensure public protection.
In the event that City discovers a condition on the site which in its determination constitutes an
immediate danger to public safety, and Subdivider cannot respond at once, City may erect any barriers,
signs and warning devices it deems necessary. In such event, Subdivider shall pay for the labor of
City's crews at the rate of thirty five ($35.00) dollars per hour per man-, plus the cost of any materials
used and a reasonable fee for use of any barricades found necessary. In no event shall Subdivider pay
less than one hour minimum per man assigned if City takes action pursuant to this paragraph.
18. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have obtained all
insurance required under this paragraph and such insurance shall have been approved by the City
Attorney as to form and City Manager as to sufficiency, nor shall Subdivider allow any contractor or
subcontractor to commence work on his contract or subcontract until all similar insurance required of
the contractor or subcontractor shall have been so obtained and approved. All requirements herein
provided shall appear either in the body of the insurance policies or as endorsements and shall
specifically bind the insurance carrier.
Subdivider and/or his contractors and/or subcontractors shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work here under by the Subdivider, his agents,
representatives, employees, contractors or subcontractors.
A. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence from
CGY 000 1).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
B. Minimum Limits of Insurance Subdivider shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate liability is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $ 1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self
insured retentions as respects the City, its officers, officials, employees, and volunteers, or the
Subdivider shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Subdivision Agreement - 6
D. Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions:
1. The City. its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Subdivider; products and completed operations of the Subdivider, premises owned or
used by the Subdivider; or automobiles owned, leased, hired or borrowed by the
Subdivider. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Subdivider's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Subdivider's insurance
required and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Subdivider's insurance shall apply separately to each insured against whom claim
is made or suit is brought except, with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior to written notice by certified mail, return
receipt requested, has been given.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than 'A".
F. Verification of Coverage
Subdivider shall furnish the City with original endorsements effecting coverage required by this
clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The endorsements are to be on forms provided by the City. All
endorsements are to be received and approved by the City before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage required by
these specifications.
G. Subcontractors
Subdivider shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
19. Title of Improvements
Title to, and ownership of, all improvements within accepted public right of way and public easements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of
such improvements by City, as evidenced by the filing of the Notice of Completion with the County
Recorder.
Subdivision Agreement -7
20. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the work performed under this agreement, any
structure or part of any structure furnished or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the
requirements of this agreement or the specifications referred to herein, Subdivider shall without delay
and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part
or parts of the work or structure. Liability under the contracts of surety or guarantee referred to in
paragraphs 11 and 12 of this agreement shall be released upon the completion of all work and public
improvements to the satisfaction of the City Engineer as provided and permitted by the Subdivision
Map Act of the State of California. Should Subdivider fail to act promptly or in accordance with this
requirement, or should the exigencies of the case require repairs or replacements to be made before
Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or
perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus
fifteen percent (15 %).
21. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be
agents of City in connection with the performance of Subdivider's obligations under this agreement.
22. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will ensure its completion within the time specified, or any extensions thereof, or
fails to obtain completion of said work within such time. or if Subdivider should be adjudged a
bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's insolvency,
or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should
violate any of the provisions of this agreement, City Engineer or City Council may serve written notice
upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and
default of Subdivider.
23. Breach of Agreement. Performance by Surety or City
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the
work and improvements herein specified; provided however, that if the surety, within thirty (30) days
after the serving upon it of such notice of breach, does not give City written notice of its intention to
take over the performance of the contract and does not commence performance City may elect to take
over the work and prosecute the same to completion, by contract or by any other method City may
deem advisable, for the account and at the expense of Subdivider, and in such event, City, without
liability for so doing, may take possession of and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work and
necessary therefor. The Subdivider shall be liable to the City for any excess costs, claims, damages,
liability, or expenses of whatever nature or kind, direct or indirect, including reasonable attorney fees
which are directly or indirectly caused by the execution and enforcement of this agreement.
Subdivision Agreement - 8
24. Notices
All notices herein required shall be in writing and delivered in person or sent by registered or certified
mail, postage prepaid. Notices required to be given shall be addressed as follows:
City:
City of San Rafael
P.O.Box 151560
1400 Fifth Avenue
San Rafael, Ca. 94915-1560
Subdivider:
Chapel Cove Partners, LLC
c/o Paramount Homes Develooment
Management Comoanv, LLC
2108 Grant Street
Concord, CA 94520
Subdivider Insurance Company:
Grant Davis Insurance
801 Geer Road
Turlock, CA 95382
Surety of Subdivider:
Developers Suretv and Indemnitv Company
INSCO Insurance Services, Inc.
17780 Fitch, Suite 200
Irvine. CA 92614
It is provided that any party or the surety may change such address by notice in writing to the other
party and thereafter notices shall be addressed and transmitted to the new address.
25. Binding of Agreement
This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal
representatives, executors, administrators, successors in office or interest, and assigns.
26. Legal Fees
In the event that legal action is necessary to enforce any provision of this agreement, the prevailing
party shall be entitled to reasonable attorney fees and legal costs.
27. Agreement an Offer Until Accepted by City
It is recognized that this agreement executed by the Subdivider is submitted at the time of application
for approval of the final subdivision map, and prior to approval of said final subdivision map, and
prior to approval of said final map by the City Council. Until approval of said final map and execution
of this agreement by City, this agreement shall constitute an offer and may be withdrawn or modified
by Subdivider, but upon such withdrawal, and until an executed agreement acceptable to City is
submitted, the entire application for final map shall be considered withdrawn.
Subdivision Agreement - 9
Dated this 1,Lf—r day of August 2003
CITY OF SAN RAFAEL:
ATTEST:
&anne M. Leoncini
City Clerk A
ry T. g land
City A or ey
APPROVED AS TO CONTENT:
mom/
Andrew J. Preston
City Engineer
APPROVED:
Ro Gould
City Manager
SUBIVIDER:
Chapel Cove Partners, LLC, a California
limited liability company
By: Paramount Homes Development
Management Co., LLC, a California
lim' ed liability company, its Manager
By:
Peter N. Hellmann,
Member -Manager
(If the Subdivider executing this agreement is a
corporation, a certified copy of the By -Laws or
Resolution of the Board of Directors
authorizing officers of said corporation to
execute this agreement shall be annexed hereto.
Subdivider's signature(s) must be notarized.)
Subdivision Agreement - 10
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Contra Costa }
On August 12, 2003 before me, Susan Davidson , a Notary Public in and
for said State, personally appeared
Peter Hellmann
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
f�
Signature ��eG_'�l','/l<< `a L
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Date of Document
NOTARY BLK (Rpv 6194)
r
c SUSAN DAVIDSON
Commission * 1355503
Z Notary Public - California
Contra Costs County
MyComm. Expires May3o, 2006
(This area for official notarial seal)
4Da�.g INSCO INSURANCE SERVICES, INC.
'nsC%'�O Underwriting Manager for:
0 o Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
BOND NO. 565399S
$ 28,544. premium is for
a term of 2 vear(s)
KNOW ALL MEN BY THESE PRESENTS:
That we, CHAPEL COVE PARTNERS, LLC, a California limited liability company as Principal,
and Developers Surety and Indemnity Company a corporation organized and doing business
under and by virtue of the laws of the State of IOWA and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the City of San Rafael
as Obligee, in the penal sum of one million two hundred ninety seven thousand four hundred fifty seven
andno/100-------------- —------ --------------- --------------------- -------- —---- ---_------------------------------------------------------------------------
($ 1,297,457.00 ) Dollars, for which payment, 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 THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which agreement, identified as Chapel Cove
, 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, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors,
administrators, successor or assigns, shall in all things stand to and abide by, 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 obligee, 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 penal sum specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement
or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on 12th
August 2003
PRINCIPAL: Chapel Cove Partners, LLC SURETY: Developsi7s Surety and Indemnity Company
a California limite liability company '
Lei /hXi� Attorney -in -Fact
ID -1092 (CA) Subdivision Performance Bond (REV. 1/01)
4[n10E
C f�OMG�
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
arnount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine, CA 92614
(949) 263 3300
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each severally. but notjointly, hereby make, constitute and appoint:
***BILLY G. BERGAN, R. W. REYNOLDS, KEVIN J. VALINE, LEZAH PRICE, JOINTLY OR
SEVERALLY***
as the true and lawful Attorncy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of tltc acts of said
Attomcy(s)-in-Fact, pursuant to these presents, are hereby ratified and confined.
This Power of Attorney is granted and is signed by facsimile under and by authority of' the following resolutions adopted by the respective Board of' Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I. 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorcy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretvship; and that the
Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811' day of'November, 2000.
By:
David H. Rhodes, Executive Vice President
By: X/, [ Vi —
Waltcr A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
AND jN'••.
a ,:UOP Rgr�;�y
SEAL
:<
1936 O
iota la
:gyp '
/MP A
OR, O ,
GO�POR�c9G
W= OCT.S O O
0 1967 m
Z Z
\ cgQFOPNxP
On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
CERTIFICATE
DIANE J. KAWATA I
COMM. #1167928 to
NOTARY PUBUC-CALIFORNIA
m ORANGE COUNTY
My Comm Exp. Jan. B, 2002
The undersigned, as Chicf Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, docs
hereby certify that the foregoing Power ofAttomcy remains in full force and has not been revoked, and furthcmlorc, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power ofAttomcy, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the day of _.�
By
David G. Lane, Chief Operating Officer
State of California
County of Sacramento
On Auaust 12, 2003, before me, Thomas A. Sedlak, Notary Public personally appeared Lezah Price
®Personally known to me - or - ❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
A THOMAS A. SEDLAK
M. and acknowledged to me that he/she/they executed the same
U COM # 1393401 in his/her/their authorized capacity (ies) and that by his
0 - NOTARY PUBLIC -CALIFORNIA W /her/their signature(s)on the instrument the erson s or the
SACRAMENTO COUNTY 0 p ( )
COMM. EXP. JAN. 12, 2007 entity upon behalf of which the person(s) acted, executed
` V the instrument.
WITT�NESS my hand
1and official seal./
J
Signature of Notary Public
--------------------------------------------------Optional-----------------------------------------------------------
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document:
Document Date:
Number of Pages:
i1
M1
�f
Signer(s) Other Than Named Above: -
Capacity(ies) claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer
❑ Corporate Officer
Title(s): -.
Title(s):
❑ Partner -❑Limited ❑General
❑ Partner -❑Limited ❑General
❑ Attorney -in -Fact -
❑ Attorney -in -Fact
❑ Trustee
F-1Trustee❑
Guardian or Conservator ��� UNMRW
OF SIGNER
❑ Guardian or Conservator
RIGHT THUbMM
OF SIGNER ❑ Other: Top of Thumb Here'
❑ Other :
Top of Thumb Here =
Signer is Representing:
Signer is Representing:
_
Signer's Name:
a
4M9 INSCO INSURANCE SERVICES, INC.
insc%lco Underwriting Manager for:
p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO. 565399S
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, CHAPEL COVE PARTNERS LLC, a California limited liability , as Principal,
and Developers Surety and Indemnity Company , a corporation organized and doing business
under and by virtue of the laws of the State of IOWA and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the City of San Rafael
as Obligee, in the penal sum of one million two hundred ninety seven
four hundred fifty seven and no/100---------------------------
----- _ _ — -- — ------------------------ ($ 1,297,457.00 ) DOLLARS,
for which payment, 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 OBLIGATION IS SUCH THAT:
Whereas, the above-named Principal, has entered into an agreement which is made a part of this bond, with the
City of San Rafael , State of California, as Obligee, for the designated public
improvements in the subdivision identified as Chapel Cove
as required by the Government Code of California.
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 San Rafael 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 surety, are held firmly bound unto the City of San Rafael
and all contractors, subcontractors, laborers, materialmen and other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure for material 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 penal sum hereinabove set forth, and also in case suit is brought upon this bond, will pay,in addition
to the penal sum thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City of San Rafael
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 judgement 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 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 12th
August 2003
PRINCIPAL: Ch I Cove Partners LLC SURETY: Developers Surety and Indemnity Company
a California limite li bil' mpany
l ,
Leaah�Pr ce� Attorney -in Fact
-D-1093 (CA) Subdivision Labor and Materia Bond (REV. 1/01)
ITMIR
RICO
C�G�p
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine, CA 92614
(949) 263 3300
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each severally, but notjointly, hereby make, constitute and appoint:
*''BILLY G. BERGAN, R. W. REYNOLDS, KEVIN J. VALINE, LEZAH PRICE, JOINTLY OR
SEVERALLY'
as the true and lawful Attorncy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perfomi every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations bill power of substitution and revocation, and all of the acts of said
Attorncy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEiv1NITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorncy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the
Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power ofAttomcy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811' day of November, 2000.
By:.....
David H. Rhodes, Executive Vice President
By:
1/ /, t/ V 1 /
. .
Walter A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
d (AND
J PORq••.Fy '.:
SEAL
1936 o
O /OW P ria
/OMPANY O\
A GOPPORq ' c9G
Li OCT.5 i'
Li 1967 z
2 a
\ cgtIFOP \P /
On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS n»• hand and official seal.
Signature
CERTIFICATE
DIANE J. KAWATA I
COMM. #11671)29 y
.^ - NOTARY PUBUC -CALIFORNIA
m ORANGE COUNTY
My Comm. Exp. Jan. 8, 2002
The undersigned, as Chicf Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, docs
hereby certify that the foregoing Power ofAttomcy remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, arc in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the . day of'.
By
David G. Lane, Chief Operating Officer
ID -1380 ( I 1 00)
l
State of California
County of Sacramento
On August 12, 2003, before me, _Thomas A. Sedlak, Notary Public personally appeared Lezah Price
®Personally known to me - or - ❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
�....... and acknowledged to me that he/she/they executed the same
*-THOMAS A. SEDLAKg in his/her/their authorized capacity (ies) and that by his
M.
U COM # 1393401
(� NOTARY PUBLIC -CALIFORNIA /her/their signature(s) on the instrument the person(s) or the
SACRAMENTO COUNTY 0 entity upon behalf of which the person(s) acted, executed
OCOMM. EXP. JAN. 12, 2007"
„ „ „ „ „ „ „ t the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
--------------------------------------------------Optional-----------------------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer
❑ Corporate Officer
Title(s):
Title(s):
❑ Partner -❑Limited ❑General
❑ Partner -❑Limited ❑General
❑ Attorney -in -Fact
❑ Attorney -in -Fact
❑ Trustee
❑ Trustee
RIGHT THUMBRINT
F]Guardian or Conservator OF SIGNER
❑ Guardian or Conservator
RIGHT THUh1HRINT =
OF SIGNER ❑ Other: Top of Thumb Here
❑ Other :
Top of Thumb Here
Signer is Representing:
Signer is Representing:
'1
Signer's Name:
-1
y
;1
' SC INSCO INSURANCE SERVICES, INC.
telcoUnderwriting Manager for:
�p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
MAINTENANCE BOND
BOND NO.: 565399S
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, CHAPEL COVE PARTNERS LLC, a California limited liability company as Principal,
and Developers Surety and Indemnity Company a corporation organized and doing business under
and by virtue of the laws of the State of IOWA and duly licensed to conduct surety
business in the State of California, as Surety, are held and firmly bound unto
City of San Rafael
as Obligee, in the sum of one hundred twenty nine thousand seven hundred forty five and 70/100-------------------------------
($ 129,745.70 ) Dollars, for which payment, 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 OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
Chapel Cove
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact
this 8th
Chapel Cove Partners LLC
a California lim' d liability company
by:
ID -1201 (CA) (One Year Term) (REV 3/01)
day of August
2003
YEAR
Developers Surety and Indemnity Company
Principal
BY: la
kezahPrie�t) Attomey-in Fact
41;�C
_ s�'DICO
C�G�OMp
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a -three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine, CA 92614
(949) 263 3300
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each severally, but not jointly, hereby make, constitute and appoint:
***BILLY G. BERGAN, R. W. REYNOLDS, KEVIN J. VALINE, LEZAH PRICE, JOINTLY OR
SEVERALLY***
as the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attomcy(s)-in-Fact, pursuant to these presents, arc hcrcbv ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, cflcctive as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorncy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the
Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attoniey:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomcy or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate hearing such facsimile signatures slmall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811, day of November, 2000.
7
By:__ ,
David H. Rhodes, Executive Vice President
IA/,
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
AND jN�•,�
SEAL
1936 o
SOW lx ,.' as •'
/MPANyO / 0 �-1 pO�PO�T 9�
w= = OCT.5 FQ T
O 1967 Z
Z a
\ cgUFOP�xP /
On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
r
Signature
CERTIFICATE
DIANEJ.KAWATA I
COMM. 01167928
7 .^ y
NOTARY rn ORANGE COUNTY
My Comm. Exp. Jan. B, 2002
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITI' COMPANY and INDEMNITI' COMPANY OF CALIFORNIA, docs
hereby certify that the foregoing Power o1"Attonmev remains in till force and has not been revoked. and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. California, the 7, day ofL L 1 LLt C' �
By
David G. Lane, ChicfOperating Officer
I rl I I OA I 1 l W%%
State of California =_
County of Sacramento `
On August 12, 2003,, before me, _Thomas A. Sedlak, Notary Public personally appeared Lezah Price
®Personally known to me - or - ❑proved to me on the basis of satisfactory evidence to be the person(s)
O
, „ „. -!% �� whose name(s) is/are subscribed to the within instrument
THOMAS A. SEDLAK and acknowledged to me that he/she/they executed the same
QNOTRYYPUBLIC-CALIFO1RNIA0 in his/her/their authorized capacity (ies) and that by his
SACRAMENTO COUNTY 0 /her/their signature(s) on the instrument the person(s) or the
COMM. EXP. JAN. 12 2007a entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Lid t 7c- .) A- .0-<`t ce Z1.
Signature of Notary Public
--------------------------------------------------Optional-----------------------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer
❑ Corporate Officer
Title(s):
Title(s):
❑ Partner -[:]Limited ❑General
❑ Partner -❑Limited ❑General
❑ Attorney -in -Fact
❑ Attorney -in -Fact
❑ Trustee
;.
❑ Trustee
RIGHT THUIvIBRINT
F-1Guardian or Conservator OF SIGNER
❑ Guardian or Conservator
RIGHTTHuhIBRINT
OF SIGNER ❑ Other: Top of Thumb Here
❑Other:
Top of Thumb Here
N
Signer is Representing:
Signer is Representing:
-'
sl
Signer's Name:
f