Loading...
HomeMy WebLinkAboutCC RESO 15,280RESOLUTION NO. 15,280 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF FOUR AGREEMENTS BETWEEN THE CITY OF NATIONAL CITY AND ROBERT L. CHILDERS, INC. DEVELOPER OF HARBISON VILLAGE SUBDIVISION (East of Harbison Avenue between 8th Street and Plaza Boulevard) BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized and directed to execute three improvement agreements and one monumentation agreement with Robert L. Childers, Inc., the developer of Harbison Village Subdivision, necessary to guarantee the performance of improvements as required by City Council Resolution No. 15,166. PASSED and ADOPTED this 21st day of April, 1987. George Waters, Mayor ATTEST: George H. Eiser, III -City Attorney „P.n A/-e?1U N - -- - — , 00/=„/: 37V9S 1 ` -- _ _ =OS= = N/17 'O --na-- a31VA/ doa'G —� — — t'' 4 — s—•— a A4 ''SO?J9 15/X9 oN97 Sw-v - .'a' . -- 90 �,, �o \�,\\\ m \ \ `\ sa 4 ttv et, L2 93 COM ---, Oa 1 o. H c11 NOSIgWvH ---M�--- I I wit 6' 7H76'2fi se 2P PE to d Ze /C oe /P 5�- OP L/ 9E LE 6E NOS/9w t77j' = s - .S/ L 1 0/ // z/ day of April IMPROVEMENT AGREEMENT FOR MONUMENTATION THIS AGREEMENT, made and entered into this 29th. 14987, by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and Robert L. Childers, Inc. hereinafter called "Subdivider", WITNESSETH: WHEREAS, Subdivider is about to record a final par- cel map of a proposed land division to be known as Harbison Village pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of ordinances of the City of National City relating to the filing, approval and recordation of parcel maps; and WHEREAS, the Municipal Code provides that Subdivider shall enter into an agreement with City, secured by an approved improve went security, to insure the performance of all monumentation work pursuant to the requirements of the City of National City, agreeing at its own expense to install and complete, free of liens, all of the monumentation work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of its parcel map by City, to enter into this agreement wherein it is provided that Subdivider will install and complete at own expense, all the monumentation work required by City in connection with the proposed land division and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, a tentative parcel map of said land division has heretofore been approved, subject to certain requirements and condi- tions contained in a Resolution of the Planning Commission of the City of National City; and -1- WHEREAS, it is necessary that certain monuments and stakes as specified on the parcel map shall be installed within thirty days after completion of the required improvements and their acceptance by City; and WHEREAS, an estimate of the cost of installing said monumentation according to said parcel map has been submitted to the City Engineer and has been approved by City, to which estimate of costs, 10% thereof has been added as required by ordinances of the City of National City for monumentation, which estimate is attached hereto, marked "Exhibit A" and made a hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: That in consideration of the approval and record- ation by City of the parcel map of said land division, and/or other valuable consideration, Subdivider expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tenta tive parcel map resolution; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, to the satisfaction and approval of the City Engineer of City, all of the monumentation work required to be done in and adjoining said land division; and will furnish the necessary mate- rials therefor, all in strict conformity and in accordance with the parcel map. It is expressly understood and agreed that all monu- ments shall be installed within 30 days after the completion and accep- tance of any public improvements required by the City and if there are no such required improvements, all monuments shall be installed within 30 days after recordation of the parcel map. It is expressly understood and herein agreed to by -2- Subdivider that in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of National City and the laws of the State of California applicable to said work. Subdivider further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to City an approved improvement security in the sum of $7,920.00 to secure the installation of monuments, which security is attached hereto, marked "Exhibit B" and made a part hereof. It is further agreed that if the monumentation is not completed within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the monumentation within said land division in accordance with specifications contained hrein, and that if that security is not sufficient to pay for the costs of the completion of monumentation that the Subdivider, or the present owner(s) of the property will pay the difference or a lien will be placed upon the property. Upon certification of completion by said City Engineer and acceptance of said work by City and. after certification of the City Clerk and City Treasurer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Subdivider, or its successors in interest pursuant to the terms of the improvements security. It is also agreed and understood by the parties to this agreement that in no case will the City of National City or any Department, Board or Officer thereof be liable for any portion of the costs and expenses of the work aforesaid nor shall any officer, or his sureties or bondsmen be liable for the payment of any sum or sums for the above -mentioned work or any materials furnished thereof. -3- It is understood and agreed that City shall not, or any officer or employee thereof, be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, his agents or employees in the performance of this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reason- able sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of an authorized City Representative and Subdivider has caused this agreement to be exe- cuted, as duly authorized, the day and year first herein above written. April 29, 1987 THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER IMPROVEMENT COMPLETION DATE: 4/30/88 IMPROVEMENT SECURITY FOR Monuments: Form of: ; Bond Amount: $7,920.00 -4- SHOLDERS & SANFORD, INC. Planning Engineering . Surveying 3569 Fifth Avenue San Diego, California 92103 (619)299.7272 March 11, 1987 Job. No. 10665C Mr. John Pachon City of National City Engineering Department 1243 National City Blvd National City, CA 92050 Subject: Case File-S-4-86 Harbison Village Subdivision Dear Mr. Gray: The estimated. amount for the final lot monumentation on Harbison Village Subdivision case no. S-4-86 (delayed monumentation on the map) is Seven Thousand Two Hundred Dollars ($7 , 200.00) t 72C•00 (/OZ) = 92O, 1/ Sincerely, Sholders & Sanford, Inca hilliS.Butcher L.S. 4512 PSB/ARH/mrl EXH/Bi1 - 4 " SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain __ designated public improvements, which said agreement, dated April 29 , 1987, and identified as project Harbison Village Subdivision- Mosnment is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of sEEEL mranrTSAnm NTnlF F1tJAmRED TWENTY NO/100 dollars (S7.02n of ) lawful money of the United States, for the payment of which sum wefl and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by; and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and m'=_aning, and shall indemnify and save harmless the City, its officers-, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees • including reasonable attorney's fees, incurred by City 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, alte- ration 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 CORPORATION t ST TE OF CALIFORNIA C 'NTY OF On ,ARC - '', s,,I • personally appeared ✓ personally known to me (or proved to me on the basis of satisfactory ▪ evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. } SS. a n g e , VR+V the before me, the undersigned, a Notary Public in and for said State, WITNESS my hand and official seal. DAVID C. BANFER STATE OF CALIFORNIA )ss. COUNTY OF— San Diego On April 9, 1987 _ , before me, the undersigned, a Notary Public in and for Robert L Childers and said State, personally appeared - y evederaie-oe�he• personal) known to me{oFRr N co to N Signature •as:cd.satie4eetery-eaiaeneerto be the persons who executed the within instrument as -- Robert L. Secretary, on behalf of_ ✓ OFFICIAL SEAL CYNTHIA O.LIVARES NOTARY PUBLIC - CALIFORNIA I.. PRINCIPAL OFFICE IN SAN DIEGO COUNTY el My Commission Expires January 8, 1988 AWWWW6A"WelesPedWrANWR"d65. the president and _Childers Co. Inc. the corporation therein named, and acknowledged to me that such corporation executedthe within instrument pursuantto its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (This area for official notarial seal) and exhyo/r "em Bond No: 9441iS Premium: $158.00 SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 , 1987, and identified as project Harbison Village_Subdivision_ Monument is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of sFVFN inauSAum NTna HrtnmRED T .ENTY No/100 dollars ($7 020 00 ) , lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by; and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and m9aning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem alteration or addition to the terms of the agreement or to the ork or to thv. specifications. Inwitness whereof, this instrument has been duly executed by the principal and'' surly above named, on April ist , 19 87 OBERT <,: CHILDERS CO, INC. Bys Pri TATE OF CALIFORNIA) OUNTY OF SAN DIEGO) ss 1 THIS DAY OF , 19 BEFORE E, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID OUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME 0 BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE ITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: DEVELOPERS iNSURGNCE. C0MP4?". . By: Surety . David C. Banfer,P. torne -Fa �-Sr- it 1 IA NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE EXH/B/T MB" POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471 N° 019695 NOTICE: 1. Ali power ohs . thority herein granted shall in any event terminate on the 31st day of December. 1937. 2. This Power of .attorney is void if altered or if any portion is erased. 3. This Posner c'.Attorney is void unless the seal is readabie, the teat is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee s records. KNOW ALL MEN BY THESE PRESENTS that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint David C. Banfer the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney(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 revoca- tion; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: 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 attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- lant Secretary of the corporation 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 Attor- nay 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, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 20th day of October, 1986. INDEMNITY COMPANY OF CALIFORNIA By By Jerome S eeney, President aPAAfY _ ATTEST By Paul E. Griffin, Jr., Secretary STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) ATTEST By DEVELOPERS INSURANCE COMPANY Jerome Jney, President Paul E. Griffin, J'f., Secretar/ - On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature Notary Public CERTIFICATE OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Commission Expires Mar. 13, 1989 The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney 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, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, .California, this 1st day of March 198.. NDEMNITY COMPANY OF CALIFORNIA Thomas H. T+JFell, Jr., Executive Vice President DEVELOPERS INSURANCE COMPANY By Thomas H.4'yrell, Jr., Executive Vice President ID 310 REV 12/86 day of IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL THIS AGREEMENT, made and entered into this 29th April , 19 87 , by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and Robert L. Childers, Inc. , hereinafter call "Developer", WITNESSETH: WHEREAS, Developer is about to record or has acquired a Parcel Map to be recorded pursuant to the provisions of ordinances of the City of National City relating to the filing, approval and recordation of Parcel Maps; and identified as Harbison Village Subdivision WHEREAS, That before said nap is finally approved by the City, Developer must either have installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivision are approved for purposes of recording in the office of the County Recorder of San Diego County, or as an alternative thereof, that Developer shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of ordinances of the City of National City, agreeing at its own expense to install and complete, free of liens, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said City; and WHEREAS, Developer is willing to enter into this agreement wherein it is provided that Developer will install and complete at its own expense, all the public improvement work required by City in connection with the said Subdivision and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, Complete Plans and Specifications for the construction, installation and completion of said public improvement work have been prepared, -1- and approved by the City Engineer, as shown on Drawings No. 6250-D.6251-D.6252-D 6253-D,6254-D,6255-D,6259-D, & 6260-D and have been filed of record in the , 19 87 office of the City Clerk on April 29, Document No. Resolution No. 15,280 a copy of which plans and Specifications is also on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements and/or land development according to said Plans and Specifications has been made by the City Engineer and has been approved by City, to which estimate of costs, 10% thereof has been added as required by ordinances of the City of National City for public improvements and/or an amount computed pursuant to the requirements of said ordinances has been added for land development work, which estimate is attached hereto, marked "Exhibit B" and made a part hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: That in consideration of the approval and recordation by the City Council of the Parcel Map of said subdivision, and/or other valuable consideration, Developer expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tentative map resolutions; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer of City all of the public improvement and/or land development work required to be done in and adjoining said Map and will furnish the necessary materials therefor, all in strict conformity and in accordance with the Plans and Specifications, which document has been heretofore filed in the office of the City Clerk and by reference thereto is incorporated herein and made a part hereof. It is expressly understood and agreed that Developer will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before April 30, 1988 -2- It is also understood and herein expressly agreed to by Developer that in the performance of said work, Developer will conform to and abide by all of the provisions of the ordinances of the City of National City and the laws of the State of California applicable to said work. That if any of the public improvements and/or land development work contemplated by this agreement is to be constructed or installed on land not owned by Developer, no construction or installation shall be commenced thereon prior to the dedication and acceptance by City of appropriate easements or right of way therefor. Developer further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to the City an approved improvement security in the sum of$172,411.00 & $86,206.00 which security shall guarantee the faithful performance of this contract by Developer and is attached hereto marked "Exhibit C" and made a part hereof. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the public improvements within said subdivision in accordance with specifications contained herein. Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the City Clerk and City Treasurer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Developer, or its successors in interest pursuant to the terms of the improvement security. It is also agreed and understood by the parties to this agreement that in no case will the City of National City or any Department, Board or Officer thereof be liable for any portion of the costs and expenses of the work aforesaid nor shall any officer, or his sureties or bondsmen be liable for the payment of any sum or sums for the above -mentioned work of any materials furnished therefor. -3- Provided, however, that this shall not preclude City from entering into agreements with Developer for the apportionment of costs of water and sewer mains pursuant to the provisions of the ordinances of National City providing therefor, nor shall anything herein stated commit City to any such apportionment. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the preparation of the improvement plans and the installation of the public improvements hereinabove provided for, shall be paid by Developer and Developer shall deposit with City a sum of money equal to 3% of the costs of the improvements, approved by the City Engineer. In ascertaining the amount of such costs incurred by City, the cost report of the City Clerk and City Treasurer shall be prima facie evidence of the true cost of the engineering services so performed by City. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Developer will be responsible for the care, maintenance of and any damage to the streets, alleys, easements, water and sewer lines within the proposed subdivision. That upon acceptance of the work on behalf of City, Developer shall grant to City by appropriate conveyance, the improvements constructed pursuant to this agreement. The acceptance of the work on behalf of City shall be made by City Manager upon the authorization of the City Council. Such acceptance shall not constitute a waiver of defects by City. It is understood and agreed that City shall not, or any officer or employee thereof, be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, his agents or employees in the performance of this agreement. Developer further agrees to protect and -4- hold harmless City, its officers and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of Developer, his agents, or employees in the approved improvement security shall not be required to cover the provisions of this paragraph. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of an authorized City Representative and Developer has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. -5- Bond No: 944130S Premium: incl in performance SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 , 19, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of. Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eighty six thousand two hundred six-00/100 dollars ($ 86,206.00 ), for materials furnished or labor thereon -of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety - will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the -'-«, mpanying DlO •oes here - CORPORATION STATE OF CALIFORNIA OUNTY OF n IS,gnature___ 7 ORANGE} SS. DAVID C. BANFER , before me, the undersigned, a Notary Public in and for said State, STATE OF CALIFORNIA Iss. COUNTYOF San Diego On Aril 9, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L Childers and personally known to me (oc.prov- d taraeer+t-he b""' o` =otefat.'torre"ndernae}to be the persons who executed the within instrument as. the President and Secretary, on behalf of Robert L. Childers Co., Inc. .Wwiethe corporation therein named, and acknowledged to me that mw w4`4ws„"t'apd' such corporation executed the within instrument pursuantto its by-,aws or a resolution of its board of directors. WITNESS my hand and official seal. 5% fir OFFICIAL SEAT_ e / e\s CYNT #IA °W Ra S ' } r" . NOTARY PUBLIC - CJ\L;; O i, t- PRINCIPAL OFFICECOUNTY IN SAN DIEGO COUfdTY • My= o�n�Eixpires January 8, 1988 al W (This area for official notarial seal) 1 and Bond No: 94413OS Premium: ine1- in , performance SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 , 19, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eighty six thousand two hundred six-00/100 dollars ($ 86,206.00 ), for materials furnished or labor thereon.of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying the same shall in any manner effect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or addition. In witpess whereof, this instrument has been duly executed by the principal and surety above named, on April 1st , 19 87 ROBERT`L. CHILDERS CO, INC. By: Pri 1 STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) ON THIS DAY OF , 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC Id AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE ITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY ECUTED THE SAME. WITNESS WHEREOF. I HAVE HEREUNTO SET MY HAND AND TXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS TIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: DEVELOPERS INSURANCE COMPANY By: Surety David C. Banfer,Attorney-in-Fact NOTARY PUBLIC I9 AND FOR SAIO COUNTY AND STATE (KfM/Te• • Bond No: 944130S Premium:$3,448.00 SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 , 19al, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of One hundred seventy two thousand four hundred eleven Dollars($172,411«00), lawful money of the United States, for the payment of wwfiich sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by; and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem alteration or addition to the terms of the agreement or to the work or to the specifications. CORPORATION \ST\TE OF CALIFORNIA COI STY OF On et i,37 }SS. DAViD C. BANFER , before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory e sdca.ce) to be the person who executed the within instrument as Attomey- .t,a cnrnoratipn therein STATE OF CALIFORNIA }ss. COUNTYOF San Diego y On April 9 1987 before me, the undersigned, a Notary Public in and for ~ • said State, personally a Robert L. Childers P y appeared and Epersonally known to me (ovp uveJ to meen-the a eas+5 . _ .5.4ee+e ev4de»ee) to be the persons who executed the within instrument as 77) a fi E __ the President and o o ___Childers Co.. Inc. 'a'o A the corporation therein named, and acknowledged to me that a o 'm such corporation executed thewithin instrument pursuantto its U c l by-laws or a resolution of its board of directors. m WITNESS my hand and official seal. m N olz! 0 o • Signature_ Secretary, on behalf of Robert L. e rNler•iitWkW®gvWWe°rfiwW.sayseP OFFICIAL SEAL CYNTHIA OL IVAR S ,• NOTARY PUBLIC - CALIFORNi a PRINCIPAL OFFICE IN srb SAN DIEGO CGUilry �a _ My Commission Expire; January 3, 1E33 ;2 ol ciRai°rf}ANV�l7esiC"NtizxcMAA (This area for official notarial seal) fxtimir c" Bond No: 944130.5, Premium:$3,448.OQ j SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 , 193z, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of One hundred seventy two thousand four hundred eleven Dollars($172,411.00), lawful money of the United States, for the payment of wrtiich sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by; and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem alteration or addition to the terms of the agreement or to the work or to the specifications. CORPORATION STATE OF CALIFORNIA COI STY OF On 4.,pg 187 SS. DAVID C. BANFER , before me, the undersigned, a Notary Public in and for said State, pets unally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney- - .. ..-___...h, cnrnoration therein STATE OF CALIFORNIA COUNTY OF San Diego = On April 9, 1987 � ,personally appeared lss. before me, the undersigned, a Notary Public in and for said State Robert L. Childers and personally known to me (orp,vvaJ tvmeerrhhe E a c casn_ e`. etser-eende„ee) to be the persons who executed the within instrument as ea n E - _ the President and Secretary, on behalf of Robert L. 0 _o m _Childers Co., Inc .S1SP,'6P .� °�E,4 o acknowledgedOFFICIAL SEAL itl he corporation therein named, and to me that E ' ' e CYI'JT� 7iA tot9El�ci J o , suchcorporation executed the within instrument pursuant to its P 6� NOTARY PUBLIC - CALIfOi r by-laws or a resolution of its board of directors. eb° 1.;.,'r PRINCIPAL OFFICE IN ri" an� SAN GIc06 COuJfY ea My Commission Expires January 3, 1983 u' eevi iWAAVIzi „+'"yf1``y iW-4.b'.e.a v tAPig m 745 N 0 Signature WITNESS my hand and official seal. (This area for official notarial seal) FX#M/tt: my Bond No: 94+4130S Premium:$3,448.00 FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT n'l of the City of National City, State of California, and (hereinafter designated as "principal") have en __ - ,;lerpoy principal agrees to install and complete certain eents which said agreement, dated April 29 , 19 , ___Harbison son Village Subdivision a made a part hereof; and =:al is required under the terms of said agreement to furnish =ithful performance of said agreement. we, the principal and the undersigned as surety, are held and the City of National City hereinafter called "City", in the pe- i-::�.,ndred seventy two thousand four hundred eleven Dollars($172,411.00), - ' he United States, for the payment of Which sum well and truly to ._ ;End ourselves, our heirs, successors, executors and administrators, severally, firmly by these presents. -cn of this obligation is such that if the above bounded principal, his ei s, executors, administrators, successors, or assigns, shall in all ::and to and abide by; and well and truly keep and perform the covenants, ns and'provisions in the said agreement and any alteration thereof made tin provided, on his or their part, to be kept and performed at the time the manner therein specified, and in all respects according to their true and meaning, and shall indemnify and save harmless the City, its officers, : nts and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. s 7art of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem alteration or addition to the terms of the agreement or to the work or tothe specifications. In witness whereof, this instrument has surety above named, on April 1st ROBER'I)L. CH:ILDERS CO, INC. By: Prj i 1 been duly executed by the principal and , 1987 . DEVELOPERS INSURANCE COMPANY By: Surety David C. Banfer,Attorney-in-Fact STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAYOF , 19 BEFORE ME, THE NDERSIGNE:D, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUrENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN l•IITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE EX1//B!7~ G" A. SHOLDERS & SANFORD, INC. Planning Engineering Surveying 3569 Fifth Avenue San Diego, California 92103 (619)299-7272 i-: • March 19, 1987 PRELIMINARY COST ESTIMATE FOR HARBISON VILLAGE ITEM SEWER Job No. 10665C Ref. E312 QUANTITY UNIT UNIT PRICE COST 8" Sewerline 1,755 LF $ 25.00 5.00 $ 43,875.00 Cleanouts 5 EA 2 EA 1,52200.00 0.00 7,600.00 Laterals 42 400.00 EA Connect to Existing 1 EA 610.00 25,620.00 530.00 500.00 Conc. Encasement 35 LF 30.00 1,050.00 Adj. Exist. Manholes 3 EA 500.00 1,500.00 MISCELLANEOUS ITEMS Retaining Wall 4,000 SF 16.50 $ 66,000.00 6' High Wood Fence 675 LF 15.10 Prepared By: R- $ 80,545.00 10,192.00 $ 76,192.00 COST Sewer $ 80,545.00 Miscellaneous $ 76,192.00 Subtotal $156,737.00 10% Contingency 15,674.00 Total $172,411.00 EmY/8/7 aB" STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) ON THIS DAY OF 1), 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ESTIMATED COMPLETION DATE: IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Form of: Amount: Bond 4/30/88 THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER BY CITY MANAGER Improvement Agreement. Cash: Trust & Agency $ $172,411.00 2. Labor and Material Form of: Bond Receipt No. for Improvement Agreement. Amount: $86,206.00 STATE OF CALIFORNIA COUNTY OF San Diego On April 9, 1987 said State, personally appeared Robert L. Cash: Trust & Agency $ Receipt No. 1ss. , before me, the undersigned, a Notary Public in and for Childers and t u adlia(dctmy cviJ aii the Child C personally known to me (ul piu;STInt-rtte-orrttre ce) to be the persons who executed the within instrument as President and Secretary, on behalf of Robert L. Inc. the corporation therein named, and acknowledged to me that such corporation executed the with in instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature. CYP4ttiiA OLWARES NOTARY PUBLIC - CALFFORNiA PRINCIPAL OFFICE IN O My Commission Ex ) es January COUNTYV (This area for official notarial seal) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) sS ' ON THIS DAY OF 11, 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. 1 ri; MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE 1 BY �,� BY THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER eve roper ESTIMATED COMPLETION DATE: 4/30/88 IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Improvement Agreement. Cash: Form of: Bond Trust & Agency $ Amount: $172,411.00 Receipt No. 2. Labor and Material for Improvement Agreement. Form of: Bond Amount: $86,206.00 -6- Cash: Trust & Agency $ Receipt No. • NO T C'=: POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471 s,lnrr.onty herein grar;ed snail l s. - i Attorney Is void if alteren over of Attorccy is void unliess 4,_ - °errnlrr,r., en he. 31da, nt ,.; ...uoe erased. _. D. xt is 1r. 3rown er of Attorney should no, c . 6 ,4 .r ,.,t - N? 019696 KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint David C. Banfer the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said.Attorney(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 revoca- tion; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. rhis Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY )F CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: 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, lualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- ant Secretary of the corporation 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 Attor- ney 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. I N WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 20th day of October, 1986. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ATTEST By Jerome,{. Sjveeney, President By Jerome J(Swjeeney, President ATTEST / By Paul E. Griffin, Jr., ecretary Paul E. Griffin, �W SUHq O 2G6-0O R4T4'0 m MAR. 2711 70 cz• IUD n<‘/Fo RN STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) - On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature Notary Public L-‘20.."1 CERTIFICATE OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Commission Expires Mar. 13, 1989 The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney 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, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 1St day of April 198_7_ IEMNITY COMPANY OF CALIFORNIA Thomas H. tiyfell, Jr., Executive Vice President OyPAMYO �A. l.44oRPORRes O i( OCL 5�0 B ,gyp 1967 o Y DEVELOPERS INSURANCE COMPANY Thomas H./(yrell, Jr., Executive Vice President 0,9091+0 MAR.27, ono 1878 \voa*` ID 310 REV 12/86 IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL THIS AGREEMENT, made and entered into this 29th day of April , 19 87 , by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and hereinafter ROBERT L. CHILDERS, INC. call "Developer", WITNESSETH: WHEREAS, Developer is about to record or has acquired a Parcel Map to be recorded pursuant to the provisions of ordinances of the City of National City relating to the filing, approval and recordation of Parcel Maps; and identified as Harbison Village Subdivision. WHEREAS, That before said map is finally approved by the City, Developer must either have installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivision are approved for purposes of recording in the office of the County Recorder of San Diego County, or as an alternative thereof, that Developer shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of ordinances of the City of National City, agreeing at its own expense to install and complete, free of liens, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said City; and WHEREAS, Developer is willing to enter into this agreement wherein it is provided that Developer will install and complete at its own expense, all the public improvement work required by City in connection with the said Subdivision and will deliver to City an improvement security as approved bye the City Attorney; and WHEREAS, Complete Plans and Specifications for the construction, installation and completion of said public improvement work have been prepared, -1- and approved by the City Engineer, as shown on Drawings No. 6250—D,6251—D,6252—D, 6253—D,6254—D,6256—D,6257—D and have been filed of record in the office of the City Clerk on April 29, , 19 87 Document No. RP4n-Intion No. �5,280 a copy of which plans and Specifications is also on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements and/or land development according to said Plans and Specifications has been made by the City Engineer and has been approved by City, to which estimate of costs, 10% thereof has been added as required by ordinances of the City of National City for public improvements and/or an amount computed pursuant to the requirements of said ordinances has been added for land development work, which estimate is attached hereto, marked "Exhibit B"-and made a part hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: That in consideration of the approval and recordation by the City Council of the Parcel Map of said subdivision, and/or other valuable consideration, Developer expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tentative map resolutions; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer of City all of the public improvement and/or land development work required to be done in and adjoining said Map and will furnish the necessary materials therefor, all in strict conformity and in accordance with the Plans and Specifications, which document has been heretofore filed in the office of the City Clerk and by reference thereto is incorporated herein and made a part hereof. It is expressly understood and agreed that Developer will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before April 30, 1988 -2- It is also understood and herein expressly agreed to by Developer that in the performance of said work, Developer will conform to and abide by all of the provisions of the ordinances of the City of National City and the laws of the State of California applicable to said work. That if any of the public improvements and/or land development work contemplated by this agreement is to be constructed or installed on land not owned by Developer, no construction or installation shall be commenced thereon prior to the dedication and acceptance by City of appropriate easements or right of way therefor. Developer further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to the City an approved improvement security in the sum of $459.641.00 & $229,821.00 which security shall guarantee the faithful performance of this contract by Developer and is attached hereto marked "Exhibit C" and made a part hereof. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the public improvements within said subdivision in accordance with specifications contained herein. Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the City Clerk and City Treasurer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Developer, or its successors in interest pursuant to the terms of the improvement security. It is also agreed and understood by the parties to this agreement that in no case will the City of National City or any Department, Board or Officer thereof be liable for any portion of the costs and expenses of the work aforesaid nor shall any officer, or his sureties or bondsmen be liable for the payment of any sum or sums for the above -mentioned work of any materials furnished therefor. -3- Provided, however, that this shall not preclude City from entering into agreements with Developer for the apportionment of costs of water and sewer mains pursuant to the provisions of the ordinances of National City providing therefor, nor shall anything herein stated commit City to any such apportionment. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the preparation of the improvement plans and the installation of the public improvements hereinabove provided for, shall be paid by Developer and Developer shall deposit with City a sum of money equal to 3% of the costs of the improvements, approved by the City Engineer. In ascertaining the amount of such costs incurred by City, the cost report of the City Clerk and City Treasurer shall be prima facie evidence of the true cost of the engineering services so performed by City. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Developer will be responsible for the care, maintenance of and any damage to the streets, alleys, easements, water and sewer lines within the proposed subdivision. That upon acceptance of the work on behalf of City, Developer shall grant to City by appropriate conveyance, the improvements constructed pursuant to this agreement. The acceptance of the work on behalf of City shall be made by City Manager upon the authorization of the City Council. Such acceptance shall not constitute a waiver of defects by City. It is understood and agreed that City shall not, or any officer or employee thereof, be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, his agents or employees in the performance of this agreement. Developer further agrees to protect and -4- hold harmless City, its officers and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of Developer, his agents, or employees in the approved improvement security shall not be required to cover the provisions of this paragraph. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of an authorized City Representative and Developer has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. -5- POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471 N? 019698 NOTICE: 1. Al! power and authority herein granted shall in any event terminate on the 31st day of D cem eer, 1957. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney i3 void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice sin red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint David C. Banfer the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney(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 revoca- tion; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: 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 attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation 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 Attor- ney 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, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed bytheir respec- tive Presidents and attested by their respective Secretaries this 20th day of October, 1986. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ATTEST By i STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) eeney, President ATTEST eney, President By cretary Paul E. Griffin, - On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature Notary Public CERTIFICATE OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Commission Expires Mar. 13, 1989 The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney 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, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 1 S t day of March IEMNITY COMPANY OF CALIFORNIA Thomas H. Tytell, Jr., Executive Vice President ID 310 REV 12/86 �c,PANy0 F •.- * B a,7es O = OCT5. r B ut 1967 o yo DEVELOPERS INSURANCE COMPANY Thomas H.Jfjfrell, Jr., Executive Vice President Bond No: 944128S Premium: irc1. iri perform' TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 , 1987, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two hundred twenty nine thousand & eight hundred & twenty one dollars ($229,821.00) for materials furnished or labor thereon ,of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying CORPORATION kATE OF CALIFORNIA ONTYo FF (� On A C R 1 1987 personally appeared }SS. DAVID C. BANFER COUNTY OF CALIFORNIA San Diego }ss. ' does here- DEO before me, the undersigned, a Notary Public in and for said State, On _April 9, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L Chil.ders and , personally known to me forrfra Ymrre•mrNre ISAS 7r'nr gt`dtrOr t,7717r5re) to be the persons who executed the within instrument as the President and Secretary, on behalf of Robert L. Childers Co., Inc. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuantto its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature 01-lwt-tutu Wr AWbpwMei WVII OFFICIAL SEAL CYNTHIA OUVARES NOTARY PUBLIC • CALIFORNIA,a PRINCIPAL OFFICE IN SAN DIEGO COUNTY o� My Commission Expires January 8, 1988 (This area for official notarial sea» 1 and EXh'/J/T sC " Bond No: 944128S Premium: incl in performance SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 , 198T, and identified as project Harbison village Subdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two hundred twenty nine thousand & eight hundred & twent one dollars ($229,821.00). for materials furnished or labor thereon.of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety - will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying the same shall in any manner effect its obligations on this bond, and it does here- by 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 April 1st , 19 87 . ROBERT L, CP;ILDERS CO, INC. By: Pri. STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) ON THIS DAY OF 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNO':N TO :E TO BE THE "PERSONS WHOSE ,;A>:ES ARE SLBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNO:.LEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF. I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE URITTEN. MY CDMISSIOi EXPIRES: DEVELOPERS INSURANCE COMPAN ` ') %' By: Surety 7 David C. Banfer,Attorney--iti--Fact) NOTARY PUBLIC IN i,NU FOR SAID COUNTY AND STATE EXH/4/7 "C" Bond No: 944128 Premium: $9,193,00 c ;a 0 E 0 0 c o m a o o • c N N co 0 0 m SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT (Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 , 19 87, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of Four hundred fifty nine thousand six hundred forty one dollars ($459,64.1.00), lawful money of the United States, for the payment of which sum weii and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by-, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem alteration or addition to the terms of the agreement or to the work or to the specifications. CORPORATION TATE OF CALIFORNIA OUNTY OF OnA R t 1987 personally appeared •Yg d'J t� } SS. - r _�� a••i.. +o f by tha nrincina co before me, the undersigned, a Notary Public in and for said State, DAVID C. BANFER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein STATE OF CALIFORNIA COUNTY OF San / on April 9, 1987 1 ss. Diego before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Childers and personally known to me (•drIRavurt me 6TRne bes+gef-snGofa.,tory-enielet+ee)to be the persons who executed the within instrument as the President and Secretary, on behalf of Robert L. Childers Co., Inc. the corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pursuantto its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature e d'APAPA"dbiPAP OFFICIAL SEAL4 �, CYNTH A oU bfA e:E i 4 NOTARY PUBLIC • CALIFOfl S '. �• PRINCIPAL OFFICE IN k9 SAN DIEGO COUNTY My Commission Expires January 8, 1988 (This area for official notarial seal) and EXH/g/T "C" Bond No: 944128S Premium: $9,193.00 i SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT !Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 , 19 87, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of Four hundred fifty nine thousand six hundred forty.one dollars ($459,641.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The ::r-t_ion of this obligation is such that if the above bounded principal, his or its rears, executors, administrators, successors, or assigns, shall in all th'.--s :tan: to and abide by, and well and truly keep and perform the covenants, c:rc-t -- arc rrovisicns in the said agreement and any alteration thereof made a-. - -ec, cn his or their part, to be kept and performed at the time specified, and in all respects according to their true :nail indemnify and save harmless the City, its officers; s :herein stipulated. then this obligation shall become - .. ;~�^.41se it shall be an remain in full force and effect. ' ..,, tilaton secured hereby and in addition to the face amount spe- - . i costs and reasonable expenses and fees by City in successfully enforcing anc :rc.;aed in any judgement rendered. The surety .,,r> r st _ r ._ , _ ,.-e, extension of time, alte- ration or w: _. _: -, t _ .. the .,ork to be performed thereuncer or :-.e =;__ _r:..p d_ can. y -e snail in anywise affect its obligations cn ... a .<'> rA^ .,;e r,ot ce of any Such change, extension of tiem al. ... or, .. , v ee--e '_tea_ cn a�^ :c _��� _•r-; ;;r ^:z air_ nt or to the work or to the specifications. In witness whereof, this instrument has been duly execute.. vy t".e principal and surety above named, on ist , 19 ROBERT I). CHILDERS CO, INC. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss REVEL CP E..v :';"?:. By: Surety David C. Banfer,Attorney-. d--Fact ON THIS DAY OF , 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE SHOLDERS &'SANFORD, INC. Planning Engineering Surveying 3569 Fifth Avenue 'San Diego, California 92103 (619)299-7272 March 19, 1987 ITEM GRADING PRELIMINARY COST ESTIMATE FOR HARBISON VILLAGE QUANTITY UNIT UNIT PRICE COST Import 32,000 CY $ 7.50 $240,000.00 Landscaping LS 10,000.00 10,000.00 $250,000.00 DRAINAGE Trap Channel (D-71) 1,085 LF $ 100.00 $108,500.00 Access Road 13,392 SF .50 6,696.00 Energy Dissipator (D-40) 124 CY 135.00 16,740.00 Connect to Box Culvert 1 EA 2,000.00 2,000.00 Extend Exist. 18" S.D. 15 LF 50.00 750.00 Extend Exist. 36" S.D. 15 LF 100.00 1,500.00 Curb Inlets 3 EA 3,000.00 9,000.00 18" Storm Drain Pipe 172 LF 50.00 8,600.00 24" Storm Drain Pipe 182 LF 60.00 10,920.00 Connect Pipe to Channel 4 EA 500.00 2,000.00 Pipe Collar (D-62) 2 EA 575.00 $ 1,150.00 $167,856.00 COST Grading $250,000.00 Drainage 167,856.00 Subtotal $417,856.00 10% Contingency 41,785.00 Total Prepared By: RCE:34G3¢ OQ;OFESS/py �Q� (FITZ x m NO.34634 Exp `1-3°-1'1 \NGF CAL\ $459,641.00 EXMwz/T"41" STATE.OF CALIFORNIA) COUNTY OF SAN DIEGO) sS ON THIS DAY OF , 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. BY MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COU TY AND STATE Developer ESTIMATED COMPLETION DATE: 4/30/88 THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER CITY MANAGER IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Improvement Agreement. Cash: Form of: Bond Trust & Agency $ Amount:. $459,641.00 Receipt No. 2. Labor and Material for Improvement Agreement. Form of: Bond Amount: $229,821.00 STATE OF CALIFORNIA CouNTYOF San Diego ss. Cash: Trust & Agency $ Receipt No. olApril 9, 1987 On before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Childers c G .. .. ▪ E —o `) 8 the corporation therein named, and acknowledged to me that o uch corporation executed the within instrument pursuant to its c y-laws or a resolution of its board of directors. 2° ▪ ITNESS my hand and official seal. and personally known to me (oNtwe,eel-tame e.ri-4ke• kasis f-set4sfaetoFy-e4Jdeac,e}to be the persons who executed the within instrument as the President and Secretary, on behalf of Robert L. Childers Co., Inc. fufiviii�iii iii�u�e�e sis,r:� - o : u-w' OFFICIAL SEAL .l ��- CYMTH€A Oi.ijof Re -y NOTARY PUBLIC CALirO NIA e' PRINCIPAL OFFICE IN SAN DIEGO COUNTY .My Commission Expires January 8, 1988 ne6ee.wcameeeawww5`ac%21;ei (This area for official notarial seal) 0 0 Signature IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL THIS AGREEMENT, made and entered into this 29th day of April , 19 87 , by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and Robert L. Childers, Inc. , hereinafter call "Developer", WITNESSETH: WHEREAS, Developer is about to record or has acquired a Parcel Map to be recorded pursuant to the provisions of ordinances of the City of National City relating to the filing, approval and recordation of Parcel Maps; and identified as Harbison Village Subdivision. WHEREAS, That before said map is finally approved by the City, Developer must either have installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivision are approved for purposes of recording in the office of the County Recorder of San Diego County, or as an alternative thereof, that Developer shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of ordinances of the City of National City, agreeing at its own expense to install and complete, free of liens, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said City; and WHEREAS, Developer is willing to enter into this agreement wherein it is provided that Developer will install and complete at its own expense, all the public improvement work required by City in connection with the said Subdivision and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, Complete Plans and Specifications for the construction, installation and completion of said public improvement work have been prepared, -1- and approved by the City Engineer, as shown on Drawings No. 6250-D,6251-D,6252-D, and have been filed of record in the April 29 , 19 87 6253-D,6254-D, and 6259-D office of the City Clerk on Document No. Resolution No. 15,280 a copy of which plans and Specifications is also on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements and/or land development according to said Plans and Specifications has been made by the City Engineer and has been approved by City, to which estimate of costs, 10% thereof has been added as required by ordinances of the City of National City for public improvements and/or an amount computed pursuant to the requirements of said ordinances has been added for land development work, which estimate is attached hereto, marked "Exhibit B" and made a part hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: That in consideration of the approval and recordation by the City Council of the Parcel Map of said subdivision, and/or other valuable consideration, Developer expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tentative map resolutions; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer of City all of the public improvement and/or land development work required to be done in and adjoining said Map and will furnish the necessary materials therefor, all in strict conformity and in accordance with the Plans and Specifications, which document has been heretofore filed in the office of the City Clerk and by reference thereto is incorporated herein and made a part hereof. It is expressly understood and agreed that Developer will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before April 30, 1988 -2- It is also understood and herein expressly agreed to by Developer that in the performance of said work, Developer will conform to and abide by all of the provisions of the ordinances of the City of National City and the laws of the State of California applicable to said work. That if any of the public improvements and/or land development work contemplated by this agreement is to be constructed or installed on land not owned by Developer, no construction or installation shall be commenced thereon prior to the dedication and acceptance by City of appropriate easements or right of way therefor. Developer further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to the City an approved improvement security in the sum of$442, 439.00 & $221,220.10 which security shall guarantee the faithful performance of this contract by Developer and is attached hereto marked "Exhibit C" and made a part hereof. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the public improvements within said subdivision in accordance with specifications contained herein. Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the City Clerk and City Treasurer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Developer, or its successors in interest pursuant to the terms of the improvement security. It is also agreed and understood by the parties to this agreement that in no case will the City of National City or any Department, Board or Officer thereof be liable for any portion of the costs and expenses of the work aforesaid nor shall any officer, or his sureties or bondsmen be liable for the payment of any sum or sums for the above -mentioned work of any materials furnished therefor. -3- Provided, however, that this shall not preclude City from entering into agreements with Developer for the apportionment of costs of water and sewer mains pursuant to the provisions of the ordinances of National City providing therefor, nor shall anything herein stated commit City to any such apportionment. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the preparation of the improvement plans and the installation of the public improvements hereinabove provided for, shall be paid by Developer and Developer shall deposit with City a sum of money equal to 3% of the costs of the improvements, approved by the City Engineer. In ascertaining the amount of such costs incurred by City, the cost report of the City Clerk and City Treasurer shall be prima facie evidence of the true cost of the engineering services so performed by City. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Developer will be responsible for the care, maintenance of and any damage to the streets, alleys, easements, water and sewer lines within the proposed subdivision. That upon acceptance of the work on behalf of City, Developer - shall grant to City by appropriate conveyance, the improvements constructed pursuant to this agreement. The acceptance of the work on behalf of City shall be made by City Manager upon the authorization of the City Council. Such acceptance shall not constitute a waiver of defects by City. It is understood and agreed that City shall not, or any officer or employee thereof, be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, his agents or employees in the performance of this agreement. Developer further agrees to protect and -4- hold harmless City, its officers and employees from any and all claims, demands causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of Developer, his agents, or employees in the approved improvement security shall not be required to cover the provisions of this paragraph. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled `o a reasonable sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of an authorized City Representative and Developer has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. -5- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF , 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. BY MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ESTIMATED COMPLETION DATE: IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Form of: Bond THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER CITY MANAGER I4/30/88 Improvement Agreement. Cash: Trust & Agency $ Amount. $442,439.00 Receipt No. 2. Labor and Material for Improvement Agreement. Form of: Bond Amount: $221,220.10 STATEOFCALIFORNIA COUNTY O F San Diego On April 9, 1987 Cash: Trust & Agency $ Receipt No. before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Childers and personally known to me tar-prave-itidiR%-br1•tre- basis.cf-satisfac{ory-e*ieeaoe) to be the persons who executed the within instrument as the President and Secretary, on behalf of Robert L. Childers Co., Inc. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature ✓" ileMe i.V.Wedie. n' a"5oWWu'aP'a a' OFFICIAL SEAL CYNTHIA O.LIVARES NOTARY PUBLIC - CALIFO.RNIA,E PRINCIPAL OFFICE IN SAN DIEGO COUNTY 'm' My Commission Expires January 8, 1988 WWW W�°cdo°aiSP: (This area for official notarial seal) • Allot SKOLDERS & SANFORD, INC. Planning Engineering . Surveying 3569 Fifth Avenue San Diego, California 92103 (619)299-7272 Job No. 10665C March 19, 1987 Ref. E311 ITEM IMPROVEMENIS Plaza Boulevard PRELIMINARY COST ESTIMATE FOR HARBISON VILLAGE QUANTITY UNIT UNIT PRICE COST A.C. Pavement 12,505 SF $ '2.75 $ 34,389.00 Curb and gutter 410 LF 11.00 4,510.00 Sidewalk .2.255 SF 2.70 6,089.00 Remove Existing AC Pvmt. 12,505 SF 0.25 3,126.00 Adjust Existing M.H. 2 EA 200.00 400.00 Noise Wall (6'X410') 2,460 SF 16.50 40,590.00 $ 89,104.00 8th Street Sidewalk 2.860 SF $ 2.70 $ 7,722.00 12' Driveway 96 SF 3.20 307.00 Noise Wall (6'X565') 3.390 SF 16.50 .55,935.00 Harbison Avenue Remove curb and gutter Sidewalk 9th Street 102 LF 510 SF 4.70 2.00 $ 63,964.00 $ 479.00 1,020.00 $ 1,499.00 A.C. Pavement 21.525 SF $ 1.95 $ 41,974.00 Curb and Gutter 1.072 LF 11.00 11,792.00 Sidewalk 5.896 SF 2.70 15,919.00 Street Lights 1 EA 2.900.00 2,900.00 Street Name Sign 3 EA 175.00 525.00 Conc. X-Gutter 1.881 SF 3.20 6,019.00 Pedestrian Ramp 7 EA 600.00 4,200.00 $ 83,329.00 Harbison Place A.C. Pavement 47,667 SF $ 1.95 $ 92,951.00 Curb and Gutter 2.200 LF 11.00 24,200.00 Sidewalk 12.100 SF 2.70 32,670.00 Street Lights 5 EA 2.900.00 14,500.00 $164,321.00 M Preliminary Cost Estimate for Harbison Village Job No. 10665c Ref. E311 March 19, 1987 Page Two Street Improvements 10% Contingency Total Prepared By: RCE3¢6 3¢ COST $402,217.00 40,222.00 $442,439.00 fXi//8/7 8. Bond No: 9441293 Premium: $8,849.00 1 SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and 'ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April_ 29 , 19 87, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of Four hundred forty two thousand four hundred thirty nine dollars($442,439.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by-, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem alteration or addition to the terms of the agreement or to the work or to the specifications. CORPORATION STATE OF CALIFORNIA OUNTY OF On nrr ORANu :33 4 n, 1 personally appeared } SS. DAVID C. BANFER e t h., +ha nri nri nal and DEO before me, the undersigned, a Notary Public in and for said State, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein ss. STATE OF COUNTY OF CALIFORNIA an Diego on April 9, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Childers and personally known to me (e -rireyed-A9 me-en4he acisa:saiistasteq.av44erxse}to be the persons who executed the within instrument as the President and Secretary, on behalf of Childers Co , Inc the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuantto its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature Robert L. ENE OFFICIAL NOTARY PUBLICC - CALIFORNIA CYNTIIAQI PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires January 8, 1988 ie - (This area for oificIt1.76%:$6 EXyze/rt" Bond No: 944129S "Premium: $8,849,00 SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, -and *ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 > 19, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum Of Four hundred forty two thousand four hundred thirty nine dollars($442,439.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 oblieations on this bond, and it does hereby waive notice of any such change, extension of tiem alteration or addition to the terms of the agreement or to the work or ta the specifications. CORPORATION STATE OF CALIFORNIA (MINTY OF On k' r 1 1°37 personally appeared }SS. DAVID C. BANFER . _-- .r..i.. _.._....}...1 L.,. +t,, nv.inrina DEO before me, the undersigned, a Notary Public in and for said State, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. .S'ignature 304(REV. 2/85) NrrfACU t•tt .... _.._ CERTIFICATE FIRST ABOVE 'WRITTEN. '' C , r, y L 4 n r n �\�;a '7;k NOTARY l.o _, .�1 LIi'VI�I VIr� Si My Commission Expires Mar. 13, 19s9 This area for Official Notarial Seal MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE Bond No: 944129S Premium: $8,849.00 SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBERT L. CHILDERS CO, INC. (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April 29 . 19, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal SUM Of Four hundred forty two thousand four hundred thirty nine doilars($442,439.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City 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, alte- ration 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 tiem 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 April. 1st , 19 87 . ROBERT L. CHILDERS CO, INC. By: Surety David C. Banfer,Attorney-zn- 'acti 'N,:' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF , 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN t•IITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: i NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ExywBtft" a Bond No: 944129S Prcmiun:. -inci in -performance. SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and RORFRT 1, CHTifFRS cc, TNC (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 1987, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two hundred twenty one thousand two hundred twenty two 10/100 dollars($221,220.10), for materials furnished or labor thereon .of any kind, or for amounts aue under the Unemployment Insurance Act with respect to such work or labor, that said surety - will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying the same shall in any manner effect itc nhlinatinnc nn +I,;c '.'.,A =1 roes here - CORPORATION TATE OF CALIFORNIA ()LINTY OF On APR 1 STATE OF CALIFORNIA lCOUNTY OF ORANGE 1987 San Diego On April 9, :0 a 0 o J c 0 0 0 said State, personally appeared SS. )ss. } DO before me, the undersigned, a Notary Public in and for said State, 1987 , before me, the undersigned. a Notary Public in and for Robert L Childers and , personally known to me -tor proved -tee me -on the baaisef-s-e errevideneetto be the persons who executed the within instrument as. the President and Secretary, on behalf of Childers Co., Inc. iSignature the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuantto its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Robert L. '+'..Ya9 'SV4'b'.nel" mea :oq°'eea.'k"' °4Peerar OFFICIAL SEAL CYNTHIA OUVARES NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY �� 9 y y ® MyCommission ��pY_ Expires January 8, 198y8� IANk (This area for official notarial seal) 1 and 31 A 1) 1 89 EXy/B!T "C" r Bond No: 944129S Premium: incl in performance SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and RGRFRT 1. CHTr,DFRS r0 INC. (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 , 1987, and identified as project Harbison Village ubdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two hundred twenty one thousand two hundred twenty two 10/100 dollars($221,220.10), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety. will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall_ become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying the same shall in env manner effect its nhlicatinnc nn fhic hand =nr1 4+ hoes here - CORPORATION t FATE OF CALIFORNIA OLNTY OF On APR 1 personally appeared personally known to me evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. ORANGE 1987 }SS. DEO before me, the undersigned, a Notary Public in and for said State, DAVID C. BANFER (or proved to me on the basis of satisfactory WITNESS my hand and official seal, Signature 304 (REV. 2/85) .` r.,=--'J. . am' -C"z"ti -m,• :: ,ii CT) i'.L!'EAL 4. ; .. VI?!;!!!, `:;. L OMb'PN it III, NOTARY 2C CALIFCNIA i) ' ClANGE COUNTY My Commi son Expes "tar. 13, 1989 „` c.C:-c c•--=-=-= x-:= � .crr�1 This area for Official Notarial Seal MY COM:11SSION EXPIRES: 1 and NOTARY PU8L1C i'1 idi0 FOR SAID COUNTY AND STATE r Bond No: 9441�95 Pr 2liiLual: - -inci in performance SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and ROBFRT T, CHTT ))FRS rn ID1C (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated April 29 , 1987, and identified as project Harbison Village Subdivision is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two hundred twenty one thousand two hundred twenty two 10/.100 dollars($221,220.10), for materials furnished or labor thereon 'of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety - will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying the same shall in any manner effect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or addition. In witness' whereof, this instrument has been duly executed by the principal and surei;y(aboyi :flamed, on April 1st , 1987 . r '' ROBERT• I1'. CHILDERS CO, INC. DEVELOPERS INSURANCE COMPANY By: Pr.nc al�1 w� By: Surety STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC iN ANO FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO M . TO BE THE PERSONS WHOSE .NAMES ARE SUBSCRIEED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS 'WHEREOF. I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: David C. Banfer, Attorney -=in- Fac t ':i NOTARY PUBLIC LN AL) FOR SAID COUNTY AND STATE EX�y/B1T "C" • • ., POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471 N? 019697 NOTICE: 1. All power and authority herein granted 7:4r-r: !n any event terminate on the 31st day of December. 037. 2. This Power of Attorney is void if aaered cr it any portion is erased. 3. This Power of Attorney is void amass the sea, is readable the text is in brown ink. the signatures are in ri-d: e v this net 4. This Power of Attorney snowd not be returned to the Attorney(s)-In-Fact, but snould rercair a permanent cbi.nee's Feuer: - KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint David C. Banfer the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney(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 revoca- tion; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bondson financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY IF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: 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, ialifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- nt Secretary of the corporation 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 Attor- 1y 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 .uretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed bytheir respec- tive Presidents and attested by their respective Secretaries this 20th day of October, 1986. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By BY Jerome S eeney, President ATTEST By By Paul E. Griffin, Jr., ecretary Paul E. Griffin, &ATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) J On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature Notary Public CERTIFICATE OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Commission Expires Mar. 13, 1989 The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney 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, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 1St day of March 198 7 . EMNITY COMPANY OF CALIFORNIA Thomas H. Syell, Jr., Executive Vice President DEVELOPERS INSURANCE COMPANY By Thomas HXyrell, Jr., Executive Vice President 10 310 REV 12/66 Passed and adopted by the Council of the City of National City, California, on 4-21-87 by the following vote, to -wit: Ayes: Councilmen G99 r.,...Ilalla, Pruitt, VanDeventer, Waters Nays: Councilmen Sloxle Absent: Councilmen Ilene Abstain: Councilmen SIQ e AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California IONE CAMPBELL City Clerk of the City of National City, California (Seal) By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 15,280 of the City of National City, Calif., passed and adopted by the Council of said City on 4-21-87 (Seal) IONE CAMPBELL By: City Clerk of the City of National City, California Deputy