HomeMy WebLinkAbout4.5 Subdivision Agreement Morrison Homes 1 ,o` 56
CITY OF DUBLIN
AGENDA STATEMENT
City Council 'Meeting Date: .December 14, 1987
SUBJECT: Replacement of Subdivision Agreement and Securities,
Tract 5388 (Kildara Properties)
EXHIBITS ATTACHED: 1) Resolution
2) Developer Agreement . .
3) Bonds
4) Location Map
RECOMMENDATION: Adopt resolution approving substitution of agreement
and bonds.
FINANCIAL STATEMENT: None.
DESCRIPTION:
The Final Map for Tract 5388 was approved by the City Council on October
14, 1985. The developer at that time was Morrison Homes, with whom an
agreement was signed and from whom bonds were received.
J
Morrison Homes has since that time determined to sell the project to
another developer, Kildara Properties. The new developer has requested a
substitution of developer agreement and bonds and has submitted these for City
Council approval.
No changes are being made in the Final Map.
Staff recommends that the City Council adopt the resolution approving
substitution of developer agreement and bonds.
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ITEM NO. Wo COPIES TO: Dick Shea, Kildara
Properties
Morrison Homes
RESOLUTION NO. -87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------
APPROVING REPLACEMENT OF SUBDIVISION AGREEMENT AND SECURITIES,
TRACT 5388
WHEREAS, the Final Map of Tract 5388 in the incorporated
territory of the City of Dublin, State of California, has been presented to
and approved by the City Council, all in accordance with the provisions of the
Subdivision Map Act of the State of California and the Ordinance Code of the
County of Alameda, as adopted by the City of Dublin; and
WHEREAS, the original Developer, Morrison Homes, has executed and
filed with this City Council a contract to improve Tract 5388 together with
attendant securities in accordance with the Final Map of said Tract 5388, the
Tract Improvement Plans and specifications attached thereto; and
WHEREAS, Kildara Properties is purchasing this project from
Morrison Homes and will become the new Developer; and
WHEREAS, this new Developer has executed and filed with this City
Council a contract to improve Tract 5388 in accordance with the Final Map of
said Tract 5388, the Tract Improvement Plans, and the Specifications attached
thereto; and
WHEREAS, said contract is secured by Faithful Performance Bonds
in the amount of $736,400 (landscaping) and $573,800 (other improvements) and
Labor and Materials Bonds in the amount of $368,200 (landscaping) and $286,900
(other improvements) ;
NOW, THEREFORE, BE IT RESOLVED that the contract and security be
and they are hereby approved, and the Mayor of this Council be, and is
authorized and directed to execute said Contract on behalf of the City of
Dublin.
BE IT FURTHER RESOLVED that the existing contract and appurtenant
securities be released and returned to Morrison Homes.
PASSED, APPROVED, AND ADOPTED this 14th day of December, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day of 198_, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and KILDARA PROPERTIES , hereinafter referred to as "DEVELOPER".
W I T N E S S E T H
WHEREAS, it has been determined by the City Council of the City of Dublin, State
of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 5388
in accordance with the requirements and conditions set forth within the City of Dublin
City Council Resolution No. 26-85 adopted on April 8, 1985; the requirements of the
Subdivision Map Act of the State of California and the Subdivision Ordinance of the City
of Dublin; and those certain plans and specifications for said development approved by
said City Council, and now on file in the office of the City Engineer, which are hereby
referred to for a more definite and distinct description of the work to be performed under
this Agreement as though set forth at length herein; and
WHEREAS, Developer intends to satisfactorily complete the required improvement
within the time hereinafter specified, and City intends to accept Developer's offer(s) of
dedication of said improvement(s) in consideration for Developer's satisfactory
performance of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time. Developer will commence the work required by this
Agreement within thirty 730T days following the date on which City executes this
Agreement. Developer shall complete said work not later than three hundred sixty-five
(365) days following said date of execution. Time is of the essence in this Agreement.
Upon completion, Developer shall furnish City with a complete and reproducible set of
final as-built plans, including any authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement,
Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials
Bond. Each bond shall be in a form prescribed by City, and shall be issued by a company
duly and legally licensed to conduct a general surety business in the State of California.
Each bond shall become a part of this Agreement.
a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal
sum of (see attached Exhibit "A").
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of
California (commencing with Section 3082). Said bond shall be in the penal sum of
csee 'attached Exhibit "A") .
3. Insurance Required. Concurrently with the execution of this Agreement,
Developer shall furnish City with evidence of insurance coverage as specified below.
a. Worker's Compensation Insurance. Statutory coverage as required to
cover the full liability of Developer in accordance with the provisions of Division IV of
the Labor Code of the State of California, and an employer's liability insurance coverage
with a limit of not less than $100,000 per occurrence to cover any claims arising from
employment not covered by worker's compensation laws.
b. Comprehensive General. Liability Insurance. Minimum limits of
liability shall not be less than $1,000,000 per occurrence combined single limit bodily
injury and property damage coverage; any deductible provision shall not exceed $1,000 per
claim, and each and every policy must contain a cross liability or severability of
interests clause.
c. Comprehensive Automobile Liability Insurance. Minimum limits of
liability shall be not less than $100,000 per occurrence combined single limit bodily
injury and property damage coverage; coverage shall include owned, non-owned, and hired
vehicles, and each and every policy must contain a cross liability of severability of
interests clause.
-1-
d. er ktwquirements. All insura, poAties shall be issued by
company legally licensea to transact business in the State of California, shall be issu
at Developer's own cost and expense, shall be maintained by Developer in full force a
effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X
better. All certificates of insurance shall name the City and its officers, agents a,
employees as additional insureds, shall contain a provision that a written notice -
cancellation or reduction in coverage shall be furnished the City (10) ten days in 'advanr
of the effective date thereof, and shall state that such coverage is primary to any oth(_
coverage of City.
4. Work Performance and Guarantee. Developer shall secure the services of tho:
skilled in the trade, profession, or calling necessary to perform the work to I
accomplished under the terms of this contract, and shall guarantee and maintain the woi
for a period of one (1) year following the completion and acceptance thereof against 'ar
defective workmanship or defective materials furnished in the performance of thi
Agreement, and shall guarantee and maintain the work for a period of one (1) yez
following the completion and acceptance thereof against any defective workmanship c
defective materials furnished in the performance of this contract, and any acceptance c
the work by City will not operate as a release to Developer or Developer's bondsmen frc
the aforesaid guarantee.
5. Inspection of the Work. Developer shall guarantee free access to Cit
through its City Engineer and his designated representative for the safe and convenienc
inspection of the work throughout its construction. Said City representative shall hav
the authority to reject all materials and workmanship which are not in accordance with th
plans and specifications, and all such materials and/or work shall be removed promptly t
Developer and replaced to the satisfaction of City without any expense to City in stric
accordance with the improvement plans and specifications.
6. Agreement Assignment. This Agreement shall not be assigned by Develope
without the written consent of City.
7. Abandonment of Work. If the work to be done under this Agreement i.
abandoned, or if this Agreement is assigned by Developer without written consent of City
or if City through its City Engineer determines -that the said work or any part thereof i
being unnecessarily or unreasonably delayed or that Developer is willfully violating an-
of the conditions or covenants of this Agreement or is executing this Agreement in ba
faith, the City shall have the authority to order Developer to discontinue all work or an-
part thereof under this Agreement, and Developer shall cease to continue the work or suc::
part thereof as City maydesignate, and CITY shall thereupon have the power to obtain b-
Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemec
necessary to complete the work and to use such materials as may be found upon the line o:
such work. Developer and his sureties shall be liable for all expenses incurred by Cit,,
for the acquisition and use of such labor, equipment, and materials.
8. Use of Streets or Improvements. At all times prior to the final acceptancE
of the work by City, the use of any or all streets and improvements within the work to bE
performed under this Agreement shall be at the sole and exclusive risk of Developer. The
issuance of any building or occupancy permit by City for dwellings located within the
tract shall not be construed in any manner to constitute a partial or final acceptance or
approval of any or all such improvements by City. Developer agrees that City's Building
Official may withhold the issuance of building or occupancy permits when the work or its
progress may substantially and/or detrimentally affect public health and safety.
9. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to
and on the tract site as may be necessary to prevent accidents to the public and damage to
the property. Developer shall furnish, place, and maintain such lights as may be
necessary for illuminating the said fences, barriers, signs, and other safety devices. At
the end of all work to be performed under this Agreement, all fences, barriers, regulatory
signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by
the Developer, and the entire site left clean and orderly.
10. Acceptance of Work. Upon notice of the completion of all tract work and the
delivery of a set of final as-built plans to City by Developers, City, through its City
Engineer or his designated representative, shall examine the tract work without delay,
and, if found to be in accordance with said plans and specifications and this Agreement,
shall accept the work and notify Developer or his designated agents of such acceptance.
11. Patent and Copyright Costs. In the event that said plans and specifications
require the use of any material, process or publication which is subject to a duly
registered patent or copyright, Developer shall be liable for, and shall indemnify City
from, any fees, costs or litigation expenses, including attorneys' fees and court costs,
which may result from the use of said patented or copyrighted material, process of
publication.
-2-
alteration or alterations made
12. Alteratioi,_ in Plans and Specificationso
in the plans and specifications which are a .part of this ,.Agreement or any provision of
this Agreement shall not operate to release any I surety° or sureties from liability on any
bond or bonds attached hereto and made a part hereof, and -consent to make such alterations
is hereby given, and the sureties to said bonds hereby waive the provisions of Section
2819 of the Civil Code of the State of California. .
13. Liability.
a. Developer Primarily Liable. Developer shall be responsible for any
and all loss, accident, neglect, :injury or damage to person, .life or property'which may be
the result of or ' may be caused by construction, operations, -or execution of this
Agreement, and for which City might be held liable. Developer shall protect and indemnify
the City of Dublin, the City Council, the City Engineer and/or any officer, agent or
employee of the City, and save them harmless in every way from all suits or actions at law
for damage or injury to persons, life or property that may arise. or be occasioned in any
way because of construction operations or execution of this Agreement.
b. Design Defect. If, in the opinion of the City, a design defect in
the work of improvement becomes apparent during the course of construction, or within one
(1) year following acceptance by the City of the improvements, and said design defect, in
the opinion of the City, may substantially impair the public health and safety, Developer
shall, upon order by the City, correct said design defect at his sole cost and expense,
and the sureties under the Faithful Performance and Labor and Materials Bonds shall be
liable to the City for the corrective work required.
c. Litigation Expenses. In the event that legal action is instituted
by either party to this Agreement, and said -action seeks damages for breach of this
Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover its
attorneys' fees and court costs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER: KILDARA PROPERTIES, a California
Limited Partnership
By THE HOUSING VENTURE, General Partner
By
R. W. SHEA, President
c _
EXHIBIT "A"
Schedule .of Bonds Required
Landscape faithful performance.: $7362400. 00
Improvements faithful performance 5731800. 00
Landscape labor and materials 368 ,200 . 00
Improvements labor and materials 286 ,900 . 00 -
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�xl:l,Ic:AN :MOTORISTS IN URANCE CO;r�IANY
Long.G.9%c, IL 60049 M >
' . r i•s T• tcpy�. '�fsi '•r 3.✓��.. ..
' Subdivision Bono-California
Faithful Performance-- Public Work _
SUBDIVISION "BOND y BOti'D NO.` Sv} 702 _',9� 00
KNOW ALL MEN BY THESE PRESENTS.. TT.,T� YE4R DRi !I'J� OF �11,1+7"
That K-T,T)^RA r-R0rR'T'71Z:Q e f'AT,TFGt�P: A L7'�. FL Efi:iSRSF=D
as Principal, and the AMEIRiCAN MOTORISTS INSURANCE CO.M.PANY,
a corporation organized and existing under the laws of the State of Illlinoi's and authorized to transact surety business
in the State of California, as Surety, are held and firmly bound unto r=r r,T7Y O VjRT,T�'
in the sum wi-T:'T�RF7T)� cz;nrpT',r'Y ^R-�r>± T�n11GGTii�
zT('tiT 1I;��R�i� r
t L.�.�
TJO/lOOs ���-�-�•,::r:�->:-rE-�Y�c•tx���*•�x}-��=•��c��•-��x�•�}-���������-,a��-
Dollars ( — ?3,Sin-nn ), for the payn.ent whereof,'well and truly to be made, said Principal and Surety
bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that, whereas the above-bounded Principal has entered into a con-
tract, dated , 19 , with the------:-,. _r'TmY n n'FT,TN1
to do and perform the following work, to-wit:
S"ED=VISION I!4FRO Z',,E:MS ON T.4-.CT v0. 388 (EX.CI iJ _?iG T t r C OF MP r,'T
NOW, THEREFORE, if the above-bounded Principal shall well and truly perform the work contracted to be performed
und.ersa.id_contract._then this_obli�atnnshaLLhe.�'nid:.otnenvi�e to remain_in-full-force-and-effect._
STATE OF CALIFORNIA, ) SS. ; 1 1
COUNTY OF Los Angeles ) - 'GROUP
On this day of � � 1 19 , before me Angela A. Rego
personally appeared _William .T_ Sh„R.pP,-
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the Attorney-in-Fact of
AMERICAN MUIORISTS INSURANCE COMPANY, and acknowledged tome' that he (she) subscribed
the name of said company thereto as Surety, and his (her) own name as Attorney-in-Fact
OFFICIAL SEAL 9
' ANGELA A. REGO
�»: r NOTARY PUBLIC CALIFOriNIA
�f WARY PUBLIC /
a LOS ANGELES CouN rY
My Commission Expires Oct.29,1990
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T,'T(.',1'URANCJ---,4 COMPAJI'ly
y.). S
M`IDIV111�1014 LAI:40P. 0,1AAVERIAL BOND
KNOW ALL M.EN BY THESE PRESENTS:
That we,
L cLT 1`r. as Principal and
M ERICA-N PIOTORlSTS INSUIRIAN'CE COMIPAN'Y1 as Surety are held and firmly bound unto
as Cblic4ee. In the sum of
F-6; 7 z t, T) o.-Do.oo I awful money
of the United States, for p;syr,ent of which sum, well and truly to be made, we
bind our elves, jointly and severally, firmly by these presents.
IHE CONVITIONS OF THE A50VE OBLIGATION IS SUCH THAT,
WHEREAS, the above said Principal has agreed to provide certain tract impro�-em- enLs
for the subdivision known as 1 .0 K- L, R
pursuant to an agreerrent with the rT 7 rfC, 7
dated ---19—, wherein it agreed to cornply with the requirements of
r,----, r,�--.-, -,-P :,��Z--,-T
-�� 1� --, I . %�- - , and is required
by the said --17 7•y r
to give a bond to
C.Ijarantee payment to the contractor, his Gut-contractors and to persons renting
equipment or furnishing labor or materials to them for the improvements.
1-MEREAS, under the torms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with
the Obligee to secure the claims to which reference is made in Title 15 (commencing
with Section 3082) of Part of Division 3 of the Civil Core of the State of California.
therefore, said Principal and Surety are held and firmly bound unto
r,T1-1-rV f')7 and all contractors, subcontractors,
laborers, ri.-;ateriaimen and other persons em-ployed in the performance of the aforesaid
agreaiment and referred to in the aforesaid Code of Civil Procedure, for materials
furnished or labor thereon of any kind, or for aimoijnts due under the
Insurance Act with resPect to such work or labor, that said: Surety will pay the sn-r;%e
in an amount not eNc-eadirig the 8 M D Unt here-J^=_bove set forth, and also in c=-se suit
Is bought upon this bond, Will pay, in addition to the face amount thereof, costs
and reasonable expenses end fees, including reasonahle attorney 's fees, incurred by
the Oblicee in successfully enforring s:.-ch obligation, to be a •arded and Fixed
by the court, and to be taxed as costs and to be incluncd in the judgerient therein
rcr.dered.
it is hereby expressly stipulated and agreed that this tond shall inure to the
L-nnn-fit of any and all persons, cc- parries mnd corporation entitled to file claim
Title 15 with Section -51�)-521) of' Part of Division 3 of the Civil
so O's to give a right of action to t'1--e:T: or their Ss5igns in any suit brought upon
:-his borld.
STMT OF CALIFORNIA,
SS.
CO=1 OF Los Angeles RE3 U r7
On this day of 19 before Me Angela A. Rego
personally appeared William J. Shupper
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the Attorney-in-Fact of
AMMICAN F01'ORISTS INSURANCE COMPANY, and acknowledged to me that he (she) subscribed
the name of said company thereto as Surety, and his (her) civn name as Attorney-in-Fact
. ..............
OFFICIAL SU!
A E I A r H MO�
;::eat._;
LO,; Y PUBLIC
................
AMERICAN MOTORISTS INSURANCE COMPANY - . - GROUP
Home Office: Long Grove, IL 60049 J
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and
having its principal office in Long Grove, Illinois,does hereby appoint******'**************'***" ......
William J. Shupper of Los Angeles, California
its true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of
issuance of this power and ending December 31, 1988, unless sooner revoked for and on its behalf as surety, and as its act and
deed: Any and all bonds and undertakings provided the amount c" no one bond
or undertaking exceeds TWO MILLION DOLLARS ($2,CCO,000.00)*** c.*************
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists
Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988.
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists
Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set.forth and is
hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board,the Chairman,the President,or any Vice President,or their appointees designated in writing and tiled
with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute
on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other,
writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
"VOTED,That the signature of the Chairman of the Board,the Chairman,the President,any Vice President,or their appointees designated in
writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed
by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any
such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be vaiid and
binding upon the Company."
In Testimony Whereof,the American Motorists I urance Company has caused this instrument toe signed and its corporate seal
to be affixed by its authorized officers,this t?� day of Augur ' 19 r .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
By
R.H.► nson, retary G.H.Kasb m,Vice President
STAT OF IL NOIS
CO NTY O LAKE 55
1,01 W. ennett, a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the
same ns whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a
Corporation of the State of Illinois, subscribed to the foregoing instrument,appeared before me this day in person and severally
acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires:November 18, 1988 Olga W.Bennett,Notary Public
FM 836-x' 7-86 1M PRINTED IN U.S.A.
Power of Attomey—Term
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ill RICAN h10TORISTS INSURANCE VCOh�P�`�i�Y
'IL E0049 Long roue
t.r .
P If1SllP,nilCl:
L i+ o3i? 7, iCi7f111 GI11E Ei
Subdivision Bond California _
Faithful Performance'=-Public Work
•
SUBDIVISION BOND
BOND NO. 30 70P 400 00
Tlyb YEAR P?F-'!,SU2d OF $14,728
KNOW ALL MEN BY THESE PRESENTS:
That KTTDARL _DZ?OPERTTRS A C.AL'FORN4TA TTD P/=R�_VER:SEIP '
as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY,
a corporation organized and existing under the laws of the State of Illlinois and authorized to transact surety business
in the State of California, as Surety, are held and firmly bound unto TuF OTW OF WMIrIA
in the sum of 9 1P'1' 14151 =ED r uVT sTj STX THOUSAND FOUR HJNDRE-D AND NO/10,)s
i •
Dollars ($ 716•li_,_0'00 --_—), for the payment whereof, well and truly to be made, said Principal and Surety
bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that, whereas the above-bounded Principal has entered into a con-
tract, dated , 19 , with the -CIry OF VI;T,TN
to do and perform the following work, to-wit:
LANDSCAPE !MPROiTE TENTS ON YILDARA TRACT NO 5388 (Ony)
NOW, THEREFORE, if the above-bounded Principal shall well and truly perform the work contracted to be performed
-• ,_rtt,or..,,icp rn_remain in-full_force and efsect.
STATE OF CALIFORNIA, ) ��
SS. -
COUNTY OF Los Angeles)
GROUP
U
On this day of 19 , before me Angela A. Rego
personally appeared William J. Shupper
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this 'instrument 'as the Attorney–in–Fact of -
AMERICAN MUIORISTS INSURANCE: COMPANY, and acknowledged to me that he (she) subscribed
the name . ..•,QQMPaIXY_thereto...asr.TSurety, and his (her) own name as Attorney-in-Fact
OFFICIAL SEAL
ANGELA A. RrGO `
NOTARY PUBLIC-CALIFORNIA
LOS ANGELES COUNTY ;
My Commission Expires Oct.29,1990
.. .W... ........................... ARy PUBLIC
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TW-1 YE!"I ��IND
*����� �� r��t?������ ��T�� ?l� A COVAPA ��l����J��l`� y�/� K � � ��i���� � i� 01�����l����p�K .�� _{�/ �
0_L11!--.,.!�[D_-i
S[/BD<V/8OIN /[/�B-0P A [elATCRIALDO0D
KINDN ALL MEN BY THESE PRESENTS:
That xo^ as Principal and
AM[RlCAN 110TORl5TS INSURANCE COHP&NY, as Surety are held and firmly� bound unto
as 0bl1qee^ in the sum of
8/200.00 lawful money
of the United 5tatno, for payment of which sum, well and truly to be made, wm
bind ourselves, jointly and severally, firmly by these presents.
T14[ CONDITION'S OF THE APOY[ OBLIGATION l5 SUCH THAT,
1,11H[R[A5, the above said Principal has agreed to provide certain tract improvements
for the subdivision known as
Fig
pursuant to an agreement with the r-f T
dated __19—, wherein it agreed to comply with the requirements of
and is required
by
the said to give o bond to
guarantee payment to the contractor, his sub-contractors and to persons renting
equipment or furnishing labor or materials to them for the improvements.
WHEREAS, under the terms of said agreemenLv principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with
the Obligee to secure the claims to which reference is made in Title 15 (rommsncing
with Section JOBZ) of part of Division 3 of the Civil Code of the State of California.
Now, ihereforav said Principal and Surety are held and Firmly bound unto
and all contractors, subcontractors,
laborers, na�erielmen and other persons a�p.oyed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Frozedure, for materials
furnished or labor thereon of any �-ind, or for umoonta d�;e under the Unemployment
Insurance Act with respect to such xork or labor, that ssir[ Sucety will pay the same
in an amount not exceeding 'the amount hsreirabove Sot [orth, and also in reae 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 Obligae in successfully enforcing such obligation, to be awarded and fixed
by the courL^ and to be taxed as costs and to be imr]odcd in the judgement therein
rcndered. .
It is hereby expressly stipulated and agreed that this bond shall inure to the
b. nefjL of apy 2nd all persons, companies and corporation entitled to file claim
u:Jar
Title l5 (commencing v;ith Section 3OS2) of Part 4 of Pivisjon 3 OF the Civil
Code, so os to give a right of action to them, or their assigns in any suit brought upon
this bond.
��nuld-Lba_caoditjon-o� this bond be fullv ccr[orned, Lhan this ubliration shall
ST&17E OF CALIFORNIA, � �
SS,
COUNTY OF luo Angeles GROUP
4.
On this day of ' lS , before me Angela Ao Rego
personally appeared
personally known tome (or proved tome on the basis of satisfactory evidence) to be
the person whose oano is subscribed to this instrument as the Attorney-in-Fact of
I-MalICANMUVOlISI�S I0SOOD0CC [U}PANY^ and acknowledged tome that be (she) subscribed
the oane f said company thereto as Surety, b ( ) own nL e as Attorney-in-Fact
' ...~.........
nno -`^ A. '`E~~
nU��n� *uuu�-cxupo:wA
�us ^ma�L csonuN// �
� myc^,'m»d^9 c`pi'moum.�9y» � NOTARY PUBLIC /y
i.....�'��----^''^'--~-'-'~--'-----
� �
v
--
AMERICAN MOTORISTS INSURANCE COMPANY
• - GROUP
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY °
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and
having its principal office in Long Grove,Illinois,does hereby appoint****************************************.*0*
William J. Shupper of Los Angeles, California
its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of
issuance of this power and ending December 31, 1988, unless sooner revoked for and on its behalf as surety,and as its act and
deed: Any and all bonds and undertakings provided the amount cf no one bond
or undertaking exceeds TWO MILLION DOLLARS ($2,CC05COC.00'******* *********
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists
Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988.
This Power of Attomey is executed by authority of a resolution adopted by the Board of Directors of said American Motorists
Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is
hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board,the Chairman,the President,or any Vice President,or their appointees designated in writing and filed
with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-tact,and to authorize them to execute
on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other
writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process'
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
"VOTED,That the signature of the Chairman of the Board,the Chairman,the President,any Vice President,or their appointees designated in
writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed
by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any
such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be vaiid and
binding upon the Company."
In Testimony Whereof,the American Motorists I urance Company has caused this instrument toe-signed and its corporate seal
to be affixed by its authorized officers,this th day of Auaus t ' 19 CC
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
s By �% --1
R.H.J nson, retary G.H.Kasb m,Vice President
STAT OF IL INNOIS
CO NTY O LAKE 55
1,01 W. ennett, a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known tome to be the
same ns whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a
Corporation of the State of Illinois,subscribed to the foregoing instrument,appeared before me this day in person and severally
acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: November 18, 1988 Olga W.Bennett,Notary Public
FM 8364 7-86 1M PRINTED IN U.S.A.
Power of Attomey—Term
BOND ?" 3t4 704 i0]- 00
. V4,597• PFR Y??,ti R
AMERICAN MOTORISTS INSURANCE COMPANY :.
BOND FOR PAYMENT OF TAXES IN SUBDIVISION OF LAND
KNOW ALL MEN BY .THESE PRESENTS THAT WE KTLDAPA pRO-'RTIF,S A CALIFOPATA.
T^T). PAR`T'1.jr rcr?; . . _ , as Principal, .and
AMERICAN MOTORISTS INSURANCE COMPANY, as : Surety, , are held and firmly
bound unto the County of aT;n;,Tc'T)A t , State 'of California, in
the penal sum of Orjr m, ;-iT)p,:n FIFTY T"r?R'''L' THOUS"„iD TWO HUNDRI ED TWDITY FINE & 92/100
Dollars ($ 15.3,225,22 _ ) for the payment of which sum,. well and
truly to be made , we bind ourselves , • our heirs, executors , successors
and assigns , jointly and severally by these presents :
THE CONDITION of the above obligation is' such that whereas , the Said
KZT.T1aR" P30PFRTIFc A rALIF01TTIA LTD. PARTNERSHIP ,
the owner_ of a tract of land representing a certain subdivision of
real estate , to-wit : Tract No. 5388 intend to
file a map thereof with the County Recorder of ..ALAMEDA
County.
AND WHEREAS , the provisions of the State law require that this bond
shall be filed with the Board of Supervisors of said County.
NOW THEREFORE, if the said Principal shall pay, or cause to be paid,
when due , all taxes , and all special assessments collected like taxes ,
which at the time of filing said map, are a lien against such subdi
vision, or any part thereof, but not yet payable, then this obligation
shall cease and be void, otherwise it shall remain in full force and
effect .
IN WITNESS WHEREOF, said Principal and said Surety have hereunto set
their hands and seals this ?0 day of T111)7T,:4Bti;1,3 , 1987 .
AMERICAN MOTORISTS INSURANCE COMPANY KILDA114 PEOPFpTIDS a 0;a . LTD. ?'aRT`=nSHIP
3Y: 'T�1E1CuS1�rlCs V��3T1f�G
°NTEI, i on s 'J CA44. p-'T tJ E R
Attorney-in-Fact
lz�
STATE OF California )
ss : -
COUNTY OF San Mateo )
O n this D -�-�"1 d a y o f /�/C, � :r 19 before m e
Rhonda A. Murrell a Notary Public, personally
appeared Daniel Jones personally known to me (or
proved to me on the basis of Satisfactory evidence) to be the
Attorney- in-Fact of the AMERICAN MOTORISTS INSURANCE COMPANY ,
and acknowledged to me that he subscribed the name of the
AMERICAN MOTORISTS INSURANCE COMPANY thereto and his own name as
Attorney- in-Fact .
OFFICIAL
NOAONDWA C-MIfORLIA N tary Public in and for the County
SAN MATEO COUNTY
MyComn.Expk"Oct 5.1990 of San Mateo state of .' California
AMERICAN MOTORISTS INSURANCE COMPANY r�
GROUP
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and
having its principal office in Long Grove, Illinois,does hereby appoint'
Daniel Jones of San Mateo, California
its true and lawful agent(s)and attorney(s)-in-fad,to make,execute,seal,and deliver during the period beginning with the date of
issuance of this power and ending December 31, 1988, unless sooner revoked for and on its behalf as surety, and as its ad and
deed: Any and all bonds and undertakings provided the amount of no one bond
or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($5001000.00)*********
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists
Insurance Company s fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988.
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists
Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is
hereby certified to by the undersigned Secretary as being in full force and effect:
'-VOTED,That the Chairman of the Board,the Chairman,the President,or any Vice President,or their appointees designated in writing and filed
with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fad,and to authorize them to execute
on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other
writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process'
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
"NOTED,That the signature of the Chairman of the Board,the Chairman,the President,any Vice President,or their appointees designated in
writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed
by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any
such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and
binding upon the Company."
In Testimony Whereof,the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal
to be affixed by its authorized officers,this 11th day of._August —, 19 st.
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
By ✓rrL�
R.H.J nson, retary G.H.Kasb m,Vice President
ST A OF IL NOIS
CO NTY 061 LAKE SS ,
I,014 W. jennett, a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the
same per-%6ns whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a
Corporation of the State of Illinois,subscribed to the foregoing instrument,appeared before me this day in person and severally
acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires.: November 18, 1988 Olga W Bennett,Notary Public
FM836-4 7-86 1M PRINTED IN U.S.A.
i Power of Attomey—Term
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