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HomeMy WebLinkAbout2006 CON Cypress Glen Phase I - Bond Subdivision Improvement Agreement• 'Recording requested by erica Developer Services Subdivision Department REeeeryncUREQUESTEB-BY I ets� CITY OF NATIONAL CITY AND WHEN RECORDED MAIL DEED TO AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: 8143 Name: City of National City Address: 1243 National City Boulevard City of State: National City, CA 91950 Attn: Adam Landa II I DOG # 2006-05 12 2 III III 11111 I III 1 III IIII I III! III II II III IIII .JUL 27, 2006 11:05 AM OFFICIAL. RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 1,RENORY J, SNITH.. COUNTY RECORDER FEES: 13700 RAGE: 44 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111 IIIII IIIII IIIII IIIII Illi 101 2006-0531292 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBDIVISION IMPROVEMENT AGREEMENT DOCUMENT TITLE cr- 0- N SEPARATE PAGE — PURSUANT TO GOVERNMENT CODE 27361.6 RI r ra 8144 S U B D S V 2 S= ON = MPROVEMENT AGREEMENT DATE OF AGREEMENT: 1%-4 A\j 2 + , NAME OF SUBDIVIDER: JP,) 1-1D?) Cc '( S isci.(ePLLt ADDRESS OF SUBDIVIDER: 8530 LA rnesq 6L-�f 13O(o) u M esA CA 91941 NAME OF SUBDIVISION:{ rg-ESS SSE CITY COUNCIL/PLANNING COMMISSION RESOLUTION OF APPROVAL NO.: 2.0 5.-Z,p IMPROVEMENT DRAWING NO.: ADOPTED: I i I 05 BA. PRO'J 4 r T4N(.fI"31 (ci) ESTIMATED TOTAL COST OF IMPROVEMENTS: (OFF -SITE AND ON -SITE) : 4-1, 621 , 9 72, o0 ESTIMATED TOTAL COST OF MONUMENTATION.: rj,glj a.ot, ESTIMATED TOTAL COST OF LANDSCAPING AND IRRIGATION: `fir p" 7, L (P I 1 TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: I r/z. Bot4ZAISUSa' 43I NAME OF SURETY AND BOND/LETTER OF CREDIT NUMBERS: ARGj.} J5,Au AAt4C� k S��a 0ik442 This agreement is made and entered into by and between the City of National City, California, a Municipal Corporation of the State of California, hereinafter referred to as City; and the Subdivider named on Page 1 hereof, hereinafter referred to as Subdivider. RECITALS WHEREAS, Subdivider has presented to City for approval and recordation, a final subdivision map/parcel map of a proposed subdivision as stated on Page 1 hereof pursuant to provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 17 of the National City Municipal Code, hereinafter referred to as Code, relating to the Filing, approval and recordation of subdivision maps; and WHEREAS, a Tentative Map of the Subdivision has been approved, subject to the requirements and conditions contained in the resolution listed on Page 1 hereof. Said resolution is on file in the office of the City Clerk and is incorporated herein by reference and made a part hereof; and -1- 8145 WHEREAS, the Code provides that before the final subdivision or parcel map is approved by the City Council or the City Engineer, Subdivider must have complied with the requirements of said resolution and must have entered into an agreement with the City, secured by an approved improvement security to insure the performance of the work and payment to the contractor and to all persons furnishing labor, materials and equipment, pursuant to the requirements of the Code, agreeing at its own expense to install and complete, free of liens, all of the public improvements, land development and landscaping and irrigation work required in the subdivision within a definite period of time prescribed by the Council or City Engineer; and WHEREAS, Subdivider, in consideration of the approval and recordation of this map by the Council or the City Engineer, desires to enter into this agreement wherein it is provided that the Subdivider will install and complete at its own expense, all of the improvement work required in connection with the proposed subdivision and will deliver to the City an improvement security as approved by the City Attorney; and WHEREAS, complete plans and specifications for the construction, installation and completion of all of the improvement work have been prepared and approved by the City Engineer; as shown on the drawings listed on Page 1 hereof which have been filed in the office of the City Engineer and are incorporated by reference herein and made a part hereof; and WHEREAS, it is necessary that certain monuments and stakes as specified on the final map shall be installed within thirty days after completion of the required improvements and their acceptance by the City, and that street signs be placed at intersections, as required by the Code; and 8146 WHEREAS, an improvements, and therewith according been approved by which estimate is hereof; and WHEREAS, an estimate of the cost for the installation of all monuments estimate of the cost of constructing the public the necessary land development work in connection to said plans and specifications has been made and has the City Engineer in an amount stated on Page 1 hereof, attached hereto, marked Exhibit "A" and made a part has been approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is attached hereto, marked Exhibit B and made a part hereof; NOW, THEREFORE, in consideration of the approval and recordation by the City Council or the City Engineer of the final map of this subdivision, and other valuable consideration, Subdivider and City agree as follows: 1. Subdivider shall: a. Comply with all the requirements of said tentative map resolution, and any amendments thereto and with the provisions of the Code. b. Complete at its own expense, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, development, all of the public improvement, land and landscaping and irrigation work required in and adjoining the subdivision as follows: IMPROVEMENT Gi?No► Cis I,3E r 'J l t i -ri &S -3- DEADLINE DATE Fes{ D C2 t iQM 145 8147 c. Furnish the necessary materials therefor, in conformity with the plans and specifications on file in the office of the City Engineer. d. Notify City Engineer in writing at least fifteen days prior to the commencement of the work hereunder. No construction shall begin until approved authorization has been obtained and the official Preconstruction conference has been held. e. Complete the improvements listed in 1.(b) above, under this contract on or before the time limits stated hereof. f. Install all monuments required by law within thirty days after the completion and acceptance of the improvements by the City Engineer. g. Install temporary street name signs if permanent street name signs have not been installed. 2. All utilities shall be underground as per National City Municipal Code Section 17.07.032 and SDG&E approval. Cable for TV shall be provided. 3. Subdivider agrees to install and maintain landscaping and irrigation as per City approved plans ( tk sheets) dated (0-3-o . Such work shall be secured by a faithful performance security in the amount of 100% of the total estimated cost of the work, and a payment security in the amount of 50% of the total estimated cost of the work. (See Exhibit "C" for an estimate of the landscape and irrigation work). Subdivider shall maintain all areas of landscape in a manner that is satisfactory and acceptable to the City, and shall indemnify and save City harmless from original or developed defects in materials and workmanship supplied by the developer appearing within one year from the date of acceptance of the work by the City. -4- 8148 4. If any of the public improvement, land development and landscape and irrigation work contemplated by this agreement is to be constructed or installed on land not owned by Subdivider, no construction or installation shall be commenced prior to the dedication and acceptance by the City of the appropriate easements. 5. The City Engineer or his duly authorized representative, upon request of the Subdivider, shall inspect at Subdivider's expense, the improvements herein agreed to be constructed and installed by Subdivider, and if determined to be in accordance with applicable City standards and the terms of this agreement, shall recommend the acceptance of such improvements by the City. Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation. 6. Subdivider shall furnish to the City good and sufficient security on forms approved by the City, in the amount of 100% of the estimated cost of said improvements as stated on Page 1, hereof, to assure faithful performance of this agreement in regard to said improvements; and in the additional amount of 50% of said amount for securing payment to contractor, his subcontractors and persons renting equipment or furnishing labor or materials to them for the improvements required to be constructed or installed hereby. Ten percent (10%) of the amount of the faithful performance bond shall continue in effect to guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by the City against any defective work or labor done or defective materials furnished. Subdivider shall furnish to the City such security in the amount of 100% of the estimated cost of setting subdivision monuments as stated on Page 1, hereof and as required by this agreement. The securities required by this agreement shall be filed with the City Clerk or the Director of Finance Department, and when so filed, shall be incorporated by reference herein. -5- 8149 7. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are mutually agreed upon by City and Subdivider, shall not require additional improvement security given for faithful performance of the improvement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, Subdivider shall provide improvement security for faithful performance as required by this agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases thereof as allowed by this agreement. 8. The securities required by this agreement shall be released as follows: a. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Subsection (b) hereof. b. The City Engineer may release a portion of the security in conjunction with the acceptance of the performance of this act or work as it progresses upon application therefor by the Subdivider; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by the Code, the Subdivision Map Act or this agreement. -6- 8150 c. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof and until any claims filed during said period have been settled. 9. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repaired, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any cash repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 10. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. -7- 8151 11. in the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cost of such performance by the City. The sums provided by the improvement security may be used by the City for the completion of the required improvements within the subdivision in accordance with specifications contained herein. City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, all costs shall be at the expense of Subdivider, and the Subdivider's Surety shall be liable to the City for any excess cost or damages occurred by the City; and, in such event, the City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 12. In the event that the Subdivider fails to perform any obligation. hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit. and reasonable attorney's fees. 13. Subdivider shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance of said work against any defective work or labor done or defective materials furnished. If within said period any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or -8- 8152 otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's option, to perform the work twenty days after mailing written notice of default to Subdivider and agrees to pay the cost of such work by City. Should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs. 14. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 15. Nothing contained in this agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with subdividers for the apportionment of costs of water and sewer mains pursuant to the provisions of the National City Municipal Code providing therefor, nor shall anything herein stated commit City to any such apportionment. 16. Until such time as all improvements required by this agreement are fully completed and accepted by the City, Subdivider will be responsible for the care, maintenance of and any damage to such improvements. Subdivider shall give good and adequate warning to the travelling public of each and every dangerous condition existent in said improvements, and will protect the travelling public from such defective or dangerous conditions. The Subdivider hereby agrees to pay for such inspection of such improvements as may be required by the City Engineer of the City. 17. Upon acceptance of the work on behalf of the City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in the City. -9- 8153 18. Acceptance of the work on behalf of the City shall be made by the City Engineer upon authorization of the City Council. Such acceptance shall not constitute a waiver of defects by the City. 19. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of the Subdivider, its agents or employees in the performance of this agreement. Subdivider further agrees to protect and hold harmless the City, its officials and employees from any and all claims, demands„ causes of action, liability or loss of any sort because of, or arising out of acts or omissions of the Subdivider, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements: provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision and the improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvement plans regardless of any action taken by the City on approval of the plans. The Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design, other than routine maintenance, or damage -10- 8154 to the improvements by an act of God for the time period specified in this agreement. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the City of the improvements. 20. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Subdivider. 21. Sale or other disposition of this property will not relieve Subdivider from the obligations set forth herein. 22. Time is of the essence of this agreement. Subdivider shall commence substantial construction of the improvements required by this agreement not later than nine months prior to the time for completion. Provided that in the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended. Any such extension may be granted without notice to Subdivider's Surety and shall in no way affect the validity of this agreement or release the Surety or Sureties on any bond given for the faithful performance of this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. As a condition of such extensions the City Engineer may require Subdivider to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. -11- 8155 Failure of Subdivider to comply with the terms of this agreement shall constitute consent to the filing by the City of notice of violation against all the lots in the Subdivision. 23. In the event that suit is brought by City to enforce the terms of this contract, City shall be entitled to process such suit and a reasonable sum as attomey's fees. IN WITNESS WHEREOF, the City has caused this agreement to be executed by having affixed thereto the signature of an authorized City representative and the Subdivider has caused this agreement to be executed, as dule authorized, the day and year first hereinabove written. Dated this 29-4" day of H , /00i4:3. OWE; JA61440ri 1Jp0 4/4? ieq• G-.p. Subdivider I31 Itrk'o VtftvitrIT Co, OVED AS TO FORM: CITY ATTORNEY CITY OF NATIONAL CITY, a Municipal Corporation of the State of California By: Chri Za : ta, City Manager (NOTARIAL ACKNOWLEDGMENT OF EXECUTION OF OWNERS MUST BE ATTACHED) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) -12- 8156 On this Undersigned, a Notary appeared persons whose name day of 19 Public in and for said County and known _, before me the and State, personally to me to be the are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS whereof, my hand and affixed my notarial seal, the day and year in this certificate first above written. Folder 5/Sub improvement Agreement My Commission Expires Notary Public -13- 8157 All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: Parcel 1: That portion of Quarter Section 109 of Rancho de La Nacion, in the County of San Diego, State of California, according to Map thereof of said Rancho made by Morrill, No. 166, on file in the Office of the County Recorder of San Diego County, described as follows: Beginning at a point in the Northerly line of said Quarter Section 109, distant thereon 803.8 feet Easterly from the Northwesterly corner of said Quarter section; Thence Southerly and parallel with the Westerly line of said Quarter Section, 382.05 feet to the True Point of Beginning; Thence continuing Southerly along said parallel line 255.25 feet; Thence Westerly parallel with the Northerly line of land conveyed to Mayme Lowry by Deed dated June 12, 1906 and recorded in Book 387, Page 383 of Deeds records of said San Diego County, a distance of 80.00 feet; Thence Southerly and parallel with the said Westerly line of said Quarter Section, a distance of 82.00 feet to a point in the Northerly line of said Lowry's land; Thence Westerly along the Northerly line of said Lowry's Land 362.80 feet, more or less, to intersection with a line that is parallel with and distant 361 feet to right angles Easterly from the Westerly line of said Quarter Section 109, said point being distant on said last mentioned parallel line 748.3 feet from the Northerly line of said Quarter Section; Thence Northerly and parallel with the Westerly line of said section, 353.25 feet; Thence Easterly in a direct line 442.80 feet, more or less, to the True Point of Beginning. Excepting therefrom, the Northerly 100.00 feet of the Westerly 230.00 feet. Also excepting therefrom, that portion described as follows: Beginning at the Southerly corner of the above described land; Thence North 18° 27' 00" West - record North 19° 00' 00" West -, along the Westerly line of said land a distance of 13.03 feet to the True Point of Beginning; Thence continuing North 18° 27' 00" West along said Westerly line a distance of 240.16 feet; Thence North 69° 30' 10" East, 140.09 feet; Thence South 18° 27' 00" East 235.18 feet; 1,4 legal rev. (010698) 8158 Thence South 67° 27' 50" West, parallel with the Northerly line of said Lowry's Land 140.36 feet to the True Point of Beginning. Parcel 1A: An easement and right of way for the construction, maintenance and repair of water -pipes over and across a strip of land 6.00 feet in width, lying within that portion of Quarter Section 109 of Rancho de La Nacion, in the County of San Diego, State of California, according to Map thereof of said Rancho made by Morrill, No. 166, on file in the Office of the County Recorder of San Diego County, the Easterly line of said 6.00 foot strip being described as follows: Beginning on the Northerly boundary line of said Quarter Section 109, at a point which is 803.8 feet Easterly from the Northwesterly corner of said Quarter Section 109; Thence Southerly and parallel with the Westerly boundary of said Quarter Section 109, a distance of 382.05 feet to the Northeast corner of the land above described as Parcel 1. Parcel 2: That portion of Quarter Section 109 of Rancho de La Nacion, in the County of San Diego, State of California, according to Map of said Rancho made by Morrill No. 166, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at a point in the Northerly line of said Quarter Section 109, distant thereon 803.3 feet Easterly from the Northwesterly corner of said Quarter Section; Thence Southerly and parallel with the Westerly line of said Quarter Section 637.30 feet to the True Point of Beginning; Thence Westerly parallel with the Northerly line of land conveyed to Mayme Lowry by Deed dated June 12, 1906 and recorded in Book 387, Page 383 of Deeds, records of said San Diego County, a distance of 80.00 feet; Thence Southerly and parallel with said Westerly line of said Quarter Section, a distance of 82.00 feet to a point in the Northerly line of said Lowry's land; Thence Easterly along said Northerly line of said Lowry's Land, a distance of 80.00 feet to the Northeast corner thereof; Thence Northerly and parallel with the Westerly line of said Quarter Section, a distance of 82.00 feet to the True Point of Beginning. Parcel 2A: An easement for road and public utility purposes over, under, along and across that portion of said Quarter Section 109, described as follows: Beginning at the Northwesterly corner of the property described in Parcel 1 above; legal rev. (010698) 8159 Thence Southerly along the Westerly line of said property a distance of 82.00 feet to a point in the Northerly line of land conveyed to Mayme Lowry, by Deed dated June 12, 1906, and recorded in Book 387, Page 383 of Deeds, records of said San Diego County; Thence Westerly along the Northerly line of said Lowry's Land, a distance of 362.8 feet more or less, to an intersection with a line that is parallel with and distant 361 feet at right angles Easterly from the Westerly line of said Quarter Section 109, being the Southwest corner of land conveyed to Charles L. Janeck, by Deed dated November 7, 1929, and recorded in Book 1718, Page 243 of Deeds; Thence North 18° 27' West (record North 19° West) along the Westerly line of said Janeck's land, a distance of 13.03 feet to the Southwest corner of land conveyed to Fritz Jipp by Deed dated November 23, 1948 in Book 3055, Page 412 of Official Records; Thence North 67° 27' 50" East along the Southerly line of a Jipp's Land, a distance of 140.36 feet to the Southeast corner thereof; Thence North 18° 27' West along the Easterly line of said Jip feet; 's Land, a distance of 16.97 Thence Easterly parallel with said Northerly line of said Lowry's Land to an intersection with a line that is parallel with and distant 40 feet at right angles Westerly from the Westerly line of the property described in Parcel 1 above; Thence Northerly along said parallel line to an intersection with the Westerly prolongation of the Northerly line of property described in Parcel 1 above; Thence Easterly along said Westerly prolongation to the point of beginning. legal rev. (010698) 8160 Parcel 3: That portion of Quarter Section 109 of Rancho de La Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, made by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: Commencing at a point in the Northerly line of said Quarter Section 109, distant thereon 803.80 feet Easterly from the Northwesterly corner of said Quarter Section; Thence Southerly and parallel with the Westerly line of said Quarter Section 137.05 feet to the True Point of Beginning; Thence continuing Southerly along said parallel line 245.00 feet; Thence Westerly 442.80 feet, more or less, to a point in a line that is parallel with and distant 361.00 feet at right angles Easterly from the Westerly line of said Quarter Section 109, said point being distant along said last mentioned parallel line 395.05 feet from the said Northerly line of Quarter Section 109; Thence Northerly parallel with the West line of said Quarter Section 245.00 feet; Thence Easterly in a direct line 442.80 feet, more or less, to the True Point of Beginning. Excepting therefrom that portion thereof lying Southerly of a line described as follows: Commencing at the Southwesterly corner of the first hereinabove described land; Thence Northerly along the Westerly line of said land a distance of 100.00 feet to a corner in the boundary of land described in deed to Peter Telles, et ux, recorded September 23, 1954 in Book 5372, Page 146 of Official Records and the True Point of Beginning; Thence Easterly parallel with the Southerly line of said land first above described a distance of 120.00 feet to the Northwest corner of land first described in Deed to E.K. Davidson, et ux, recorded April 12, 1960 as Instrument No. 75005; Thence Easterly along the Northerly line of said Davidson's Land 322.30 feet, more or less, to the Easterly line of said land first herein described. Also excepting therefrom that portion thereof lying Northerly and Westerly of the following described boundary line: Beginning at the Northwest corner of the land first hereinabove described being also the Northwesterly corner of said Telle's Land hereinabove referred to; Thence Southerly along the Westerly line of said Telle's Land a distance of 50.00 feet to the Southwest corner of land described in Deed to Sweetwater Assembly of God Church, recorded July 2, 1959 in Book 7749, Page 440 of Official Records and the True Point of Beginning; t legal rev. (010698) 8161 Thence Easterly, parallel with the Northerly line of said land first hereinabove described a distance of 140.00 feet; Thence Northerly, parallel with the Westerly line of said land first above described, a distance of 50.00 feet to the Northerly line of said first hereinabove described land. Parcel 4: That portion of Quarter Section 109, of Rancho de La Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, made by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: Commencing at a point in the Northerly line of said Quarter Section 109, distant thereon 803.8 feet Easterly from the Northwesterly corner of said Quarter Section; Thence Southerly and parallel with the Westerly line of said Quarter Section, a distance of 382.05 feet to the Southeast corner of land conveyed to Jesse D. Helmick, et ux, by Deed recorded January 9, 1950 in Book 3446, Page 175 of Official Records, being the True Point of Beginning of the herein described property; Thence Westerly along the Southerly line of said land as conveyed a distance of 322.80 feet more or less, to the Southeasterly corner of land conveyed to Eddie T. Newhart, et ux, by Deed recorded February 19, 1951 in Book 3981, Page 238 of Official Records; Thence Northerly along the Easterly line of said land, to and along the Easterly line of land conveyed to Wayne E. Wright, et ux, recorded May 31, 1951 in Book 4117, Page 167 of Official Records, a distance of 100.00 feet to the Northeasterly corner of said Wrights Land; Thence Easterly parallel with the Southerly line of the aforementioned Helmick's Land, a distance of 322.80 feet to the Easterly line of said land; Thence Southerly along said Easterly line 100.00 feet, more or less, to the True Point of Beginning. legal rev. (010698) 8162 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT $��C ��S;Pai�Sb. C��..�l.'�C: �'�+�'�C,�.�,^sat!�C �S�M��aC.-���R�S� �C.�,^^�-2 'a¢-aa'�,'��S,�S�i�TC��>',.•aS� �>�7, Z.�:�-�:��s�C�',,�✓- Cv 6FA" *rA�L�c✓�✓�C�CriS�C�."4�-✓C�C�4�.�Cyin✓-✓2vCv✓.�✓a�.�.�riC�L\1/,9\ 4.8 Prod. No. 5007 Reorder: Call Toll -Free 1-800-876-6627 State of California County of L On H. (N before me,Csii\o\ ! a , C6`-'Y ► \\,0* \/ ame and Title of ices (e.g., "der9oe, Notary Public") Date ` \.'"�. personally ap red CAROL A. HOLDEN Commission # 1439552 Notary Public - California San Diego County My Comm. Expires Sep 16.2007 Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)--Whose name(s1" islafe- subscribed to the within instrument and acknowledged to me that he/sbekhey executed the same in hisillerITITW authorized capacity(iesl, and that by hisLbQ#tkeir-- signature(e)-on the instrument the persoa(sj; or the entity upon behalf of which the persoa(sr acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache ocument — Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natlonalnotary.org EXHIBIT "A" 8163 - -.-•••� • •MII VU111114 L1 U'JLV VU SCHEMATIC ENGINEER'S GRADING PLAN ESTIMATE Snipes -Dye Associates FILE: NC1131 DATE: 9/28/2005 BY: LA PROJECT NAME: CYPRESS GLEN CONDOMINIUMS ITEM OF WORK QUANTITY UNITS UNIT COST AMOUNT TOTALS A. GRADING $375,087 1) EXCAVATION / EMBANKMENT 7600 CY $4.10 $31,160 2) EXPORT 1800 CY $8.60 $15,480 3) BROW DITCH 780 LF $13.65 $10,647 4) RETAINING WALLS 11350 SF $28.00 $317,800 5) 0 $0.00 $0 6) 0 $0.00 $0 B. EROSION CONTROL $6,000 1) GRAVEL BAGS 500 EA $1.10 $550 2) FIBER ROLLS 1000 LF $2.25 $2,250 3)'SILT FENCE 2000 LF $1.60 $3,200 C. SUBTOTAL CONSTRUCTION COSTS $381,087 D. CONTINGENCY $381,087 @ 10% $38,109 ESTIMATED CONSTRUCTION COST $419,196 P Prepared By: S SNIPES -DYE ASSOCIATES 8 8348 Center Drive, Suite G La Mesa, CA 91942-2910 (619)697-9234 Reviewed By: DATE: Page 1 EXHIBIT "A" Improvement Plan Estimate 092805 8164 SCHEMATIC ENGINEER'S IMPROVEMENT PLAN ESTIMATE Snipes -Dye Associates FILE: NC1131 DATE: 9/28/2005 BY: LA PROJECT NAME: CYPRESS GLEN CONDOMINIUMS ITEM OF WORK QUANTITY UNITS UNIT COST AMOUNT TOTALS A. STREET IMPROVEMENTS $269,116 1) ASPHALT CONCRETE 50080 SF $3.85 $192,808 2) 6" PCC CURB AND GUTTER 1350 LF $13.75 $18,563 3) 6" ROLLED CURB AND GUTTER 935 LF $13.75 $12,856 4) 6" PCC CURB 820 LF $13.75 $11,275 5) 6) 1" PCC CURB 380 LF _ $13.75 $5,225 4" PCC SIDEWALK 2800 SF $3.65 $10,220 7) 5.5" PCC DRIVEWAY 720 SF • $3.95 $2,844 8) 7" PCC CROSS GUTTER 3065 SF $5.00 $15,325 B. SEWER SYSTEM IMPROVEMENTS $150,176 1) SEWER MANHOLE 14 EA $1,575.00 $22,050 2) 8" PVC SEWER MAIN 1770 LF $60.00 $106,200 3) SEWER LATERAL _ 38 EA $577.00 $21,926 C. DRAINAGE IMPROVEMENTS $128,686 1) 24" RCP STORM DRAIN PIPE 102 LF $95.00 $9,690 2) 18" RCP STORM DRAIN PIPE 790 LF $84.00 $66,360 3) 12" PVC STORM DRAIN PIPE 123 LF $37.00 $4,551 4) CURB INLET 3 LF $3,675.00 $11,025 5) CATCH BASIN 4 EA $3,400.00 $13,600 6) 7) CLEAN OUT 4 EA $3,790.00 $15,160 CURB OUTLET 2 EA $2,240.00 $4,480 8) SIDEWALK CURB OUTLET 4 EA $325.00 $1,300 9) 12" CONCRETE ENCASEMENT 120 EA $21.00 $2,520 0 EA $0.00 $0 0 EA $0.00 $0 D. SUBTOTAL CONSTRUCTION COSTS $547,978 E. CONTINGENCY $547,978@ 10% $54,798 F. ESTIMATED TOTAL COST $602,776 Prepared By: age • • • • • ,•• • .• EXHIBIT "B" associate Ma.y J. 2(,)06 EngineeOng CITY OE NATIONAL CITY NOional City Boulevard National .City, CA 91950-1301 Re: Cypress Glen Ph a Se I and II Den r Ladies and Gentlemen: Thi is Co state that the delayed m0111.1111ent ,oject_4.ould be inthe an -taunt of $5.)50..00 ' yours, PE)YE .AS" CIATES Snipes, P.E. Principal i:',x'..1...,otu.-:ts",.?$1;mmBenl../...',ond Letter. 8165 E'1141 C:1134 surety for the captioned civil engineers and land surveyors 8348 CenterDrive.. Suite G • La Mesa, CA 9-1942-2910 ^ 6191697-9234 • Fax 619/460-2933 EXHIBIT "C" 8166 PROJECT: Cypress Glen Cost Estivii.m CALCULATED BY: Howard Associates, Inc. Soil Preparation Bark Mulch Automatic Irrigation on pad areas Automatic Irrigation on slopes 1 Gallon Shrub 5 Gallon Shrub 5 Gallon Tree 15 Gallon Tree 24 Inch Box Tree 8' B.T.H. Palm Ground Cover on pad areas Ground Cover (slope planted) Sodded Turf DATE: 1/10/2006 LANDSCAPING COST ESTIMATES 10,486.00 S.F. @ $0.25 $2,621.50 9,000.00 S.F. @ $0.20 $1,800.00 21,343 S.F. @ $1.50 $32,014.50 14,086 S.F. @ $1.50 $21,129.00 841 EA. @ $6.00 $5,046.00 1,137 EA. @ $14.00 $15,918.00 18 EA. @ $16.50 $297.00 4 EA. @ $85.00 $340.00 61 EA. @ $250.00 $15,250.00 7 EA. @ $600.00 $4,200.00 6,991 S.F. @ $0.35 $2,446.85 12,157 S.F. @ $0.35 $4,254.95 1172 S.F. @ $2.00 $2,344.00 TOTAL $107,661.80 VE-D C',r T y ?c/k7-�^ t-e, ad z y SUBDIVISION MONUMENTATION BOND NAME OF DEVELOPER: Jackson Pendo Cypress Avenue, L.P. DATE OF AGREEMENT: May 24, 2006 8167 NAME OF DEVELOPMENT: Cypress Glen Phase I NAME OF SURETY: Arch Insurance Company AMOUNT OF BOND: Five Thousand Nine Hundred Fifty Dollars and 00/100 ($5, 950.00) BOND NO.: SU5020431 EFFECTIVE DATE: May 15th, 2006 PREMIUM: $100.00 WHEREAS, the City of National City, State of California, hereinafter referred to as City, and Developer named on Page 1 hereof, hereinafter referred to as DEVELOPER, have entered into a subdivision improvement agreement whereby DEVELOPER agrees to install and complete certain subdivision monumentation, which said agreement, dated as shown on Page 1 hereof, for public improvements and subdivision monumentation appurtenant to the development named on page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, said DEVELOPER is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; and WHEREAS, the certificate of the engineer of surveyor on the subdivision map of said development provides that the monuments will be set on or before a specified later date; and WHEREAS, the Subdivision Map Act of the State of California, Section 66496 of the Government Code, requires said DEVELOPER to file a good -and sufficient bond guaranteeing payment of the cost of setting the monuments; NOW, THEREFORE, WE, the DEVELOPER and the Surety named on Page 1 hereof, hereinafter referred to as SURETY, and held and firmly bound unto CITY in the penal sum of the amount stated on Page 1 hereof, 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. 8168 If said DEVELOPER, within 30 days after the setting of the said final moments, furnishes written notice thereof to the City Engineer and pays the engineer or surveyor for setting said snhrii vision mcnumentation, and presents evidence of such payment and receipt thereof to the City Engineer, together with a request that this bond be released, then this obligation shall cease and be void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in surrncsful enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the sp—ifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the s y c i fications. IN WITNESS WHEREOF, this instrument has been duly executed by the DE ELOPER and SURETY above named, on Arch Insu ance Com.an Monroe, A '' o ey-in-Fact APPROVED AS ID Ft M: GEORGE H. ESSr.n, III, CTrf ATIlaRNEV (NOTARIAL May 15th , t(X 2p06 Jackson Pendo Cypress Avenue, L.P. rgdftsirWoo tr1 CO,GI' By: GFD D n V, OF EXECUTION BY DEVELOPER AND SURETY MUST T BE A'1I'Act-IE'D ) , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 8169 CrIJlJ!//!I!!/llllllll111l11/!I!!llllllll/lllllllll!!/!I//!//!!l!//IIIJ!!J+ State of California County of Orange On MAY 1 5 2006 before me, Paris Shahabi, Notary Public Name and The of Officer (e.g., 'Jane Doe. Notary Public") personally appeared Janina Monroe J personally known to me — OR — ❑ proved to me Names) of Signer(s) on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and_offic Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual . ❑ Corporate Officer ❑ Title(s): O Partner — ❑ Limited ❑ General gi Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner — 0 Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ✓!.�/////l!!lllJIJ1!!I!!//!l/l!l!/IllJ/!!!/!/!!/!lJ/lllflfll/!////lJllJlIJ BD-1133 9/97 POWER OF ATTORNEY 8170 Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) Christine Marotta of Chicago, IL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.Nljsspii , ,,. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. 8171 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C��.Ct,�> 5.,. .� yaS C'\a :� 2� ���C .�C�M.�.�.� 8�3,:�Z�Q t� . C � .���,•'Y¢�S..�a'�. 35" State of California County of , cK`-LJ(I.> before me,` Qf \ Y--t :1--Wdevi Date S t OL� Title Officer (e.g., "Jane Doe, dotary Public) personally appeared v` CAROL A. HOIDEN Commission 1/439852 Notary Pubic - CaElon(o Sam Oispo Cous1l► My Cornm Expires Septa, Name(s) of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s4--whose name(s}--isLare subscribed to the within instrument and acknowledged to me that he/shekt rexecuted the same in his/lacakheir authorized capacity(ios)— and that by his/Jherkhtft signature(s) on the instrument the person(sj; or the entity upon behalf of which the person(s) acted, executed the instru i -nt. Signals OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ea g.l? m�a �sa�•�a�ss� yY�Y`�Y © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationainotaryorg Prod. No. 5907 Reorder Call Toll -Free 1-800.876-6827 iG J � � c drat gmeer CITY O1 IIO. 1L CIT' 12NaitionalCi _Boulevard National City, 91950-4301 : ydw Glen Phase I; d Dear 1 id Gentlemen: This « y state that , delayed monument surer %64 be in -the amu,mo 3 5¢00 uaw, .ASSI TES William. in 2 » E 8172 File: NC] 1 r d m civil engineers and land surveyors 8 Center \ri.sue a•a Mesa., CA g 2e,•e 9 24 0,19 32 07 II 8173 PAYMENT BOND NAME OF DEVELOPER: Jackson Pendo Cypress Avenue, L.P. DATE OF AGREEMENT: May 24, 2006 TITLE OF AGREEMENT: Subdivision Improvement Agreement, NAME OF DEVELOPMENT: Cypress Glen Phase 1 NAME OF SURETY: Arch Insurance Company ADDRESS• 135 N. Los Robles Ave., #825 Pasadena, CA 91101 AMOUNT OF BOND: Five Hundred Ten Thousand Nine Hundred Eighty Six Dollars and 00/100 ($510,986.00) BOND NUMBER: SU5020432 EFFECTIVE DATE: May 15th, 2006 PREMIUM: Included in cost of Performance Bond WHEREAS, the City of National City, State of California, hereinafter referred to as CITY, and the DEVELOPER named on Page 1 hereof, hereinafter referred to as DEVELOPER, have entered into an agreement whereby DEVELOPER agrees to install and complete certain designated public improvements, which said agreement, dated as shown on Page 1 hereof and entitled as shown on Page 1 hereof, for public improvements appurtenant to the Development name on Page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, DEVELOPER is required before entering upon the performance of the work to file a good and sufficient payment bond with the CITY of 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, we, DEVELOPER and the undersigned as ]. 8174 corporate Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 of the Civil Code in the sum of $ 510,986.00 , 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 Surety will pay the same in an amount not exceeding the amount set forth. If suit is brought on this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the city in successfully enforcing the obligation, to be awarded and fixed by the Court, to be taxed as costs, and to be included in the judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the agreement shall in any manner affect its obligations on this bond. The Surety 2 8175 hereby waives notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by DEVELOPER and The Surety above named on May 15th , 20Q6 -Jackson Pendo Cypress Avenue, L.P. DEVELOPER APPROVED AS TO FORM: Arch Insurance Company SUR Janina Monroe, Attorney -in -Fact GEORGE H. EISER, III City Attorney (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) 3 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 8176 (r/J!f!lllllll!!!J///!f!J/lfJflffflllff/flJiflllfff/J/JIf/J!J/fll!!lllJllJ+ State of Cal ifrnia County of Orange On MAY 1 5 2006 before me, Paris Shahabi, Notary Public Name and Tide of Officer (e.g., 'Jane Doe. Notary Public') personally appeared Janina Monroe Names) of Signer(s) personally known to me — OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AL, Aft_ SS- S +a. /a.`. mat OM AU rr : Cornor ron i 117310► Nolory Publo • CofOryo 1 w / Orange Cour* WITNESS my hand and.offic•:I Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner = ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer ❑ Title(s): 0 Partner — 0 Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here .11/lllll/ll!//JllllJlJll!!!J///JJ//!!/1//llfllllf!//J/1/!!//Il///JJJlJIf.J BD-1133 9/97 POWER OF ATTORNEY Know All Men By These Presents: 8177 That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) Christine Marotta of Chicago, IL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas C' - , This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 4th day of _ April 20 06 Attested and Certified Martin J. Niiser 'Secretary STATE OF NEW YORK SS COUNTY OF NEW YORK SS Arch Insurance Company 8178 Z7W.e( • 2 Edward M. T s ice President I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free apdvoluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J. CALLEO, ESQ. Notary Public. State of New York No. 02CA6109336 OE - Allied in New York County Commission Expires May 3, 2008 CERTIFICATION Pe r J. My commiss Note 'Public expires 5-03-2008 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi Company on this day of MAY 1 5 NOti2D the corporate seal of the Arch Insurance Martin J. NilsSecretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 00ML0013 0D 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t�4 8179 sa'sat a v�CtfeEa%it/At t� eFeater,:tot..Mtt,at t tx t t t,slxV2, , , On 1"1 1( &O before me, Name and Title of Officer (e.g., 'Jane Doe, Notary Publb') personally appeared CAROL A.HOID@t Commission # 1439552 Notary Pubic - Callornin San Obpo County My Comm. Expires Sep 16, 2007 WITN Name(s of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personL$-whose name(ar is/arm subscribed to the within instrument and acknowledged to me that he/shelthey2xecuted the same in his/hefittrelr authorized capacity(ies) and that by his/UsiLthetf signature(sj-on the instrument the person(sr, or the entity upon behalf of which the person(sr— acted, execute. •e ru -+t. nd and • i ial OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: m 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www. nationalnotaryorg Prod. No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here Reorder: Call Toll -Free 1-800-876.6827 FAITHFUL PERFORMANCE BOND NAME OF DEVELOP ; Jackson Pendo Cypress Avenue, L.P. DATE OF AGREEMENT: May 24, 2006 TITLE OF AGREEMENT: Subdivision Improvement Agreement NAME OF DEVELOPMENT: Cypress Glen Phase I NAME OF SURETY: Arch. Insurance Company 8180 AMOUNT OF BOND: One Million Twenty One Thousand Nine Hundred Seventy Two ( $1,021,972.00) BOND NUMBER: SU5020432 EFFECTIVE DATE; May 15, 2006 PREMIUM: $15,330.00 WHEREAS, the City of National City, State of California, hereinafter referred to as City, and the Developer named on Page 1 hereof, hereinafter referred to as DEVELOPt, have entered into an agreement whereby DEVELOPER agrees to install and complete certain designated public improvements, which said agreement, dated as shown on Page 1 hereof and entitled as shown on Page 1 hereof, for public improvements appurtenant to the Development named on Page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, Gaid DEVELOPER is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, WE, the DEVELOPER and the Surety named on Page 1 hereof, hereinafter referred to as SURETY, are held and firmly bound unto CITY in the penal sum of the amount stated on Page 1 hereof, 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, jointly and severally, firmly by these presents. Page 1 of 3 8181 The cxu ition of this obligation is such that if the above bounden DEVELOPER„ his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well truly keep and perform, the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his/her 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 indemnity and save harmless the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall became null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The SURETY hereby stipulates and agrees that no change, extension of time, altpration or acidition to the terms of the agreement or the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and its hereby waive of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the DEVELOPER and SURETY above named on May 15th , 9 200E Page 2 of 3 8182 Jackson Pendo Cypress Avenue, L.P. Janina Monroe, Attorney -in -Fact GEORGE H. EISER, III CITY ATTORNEY ( NOTARIAL ACKNCWLEDGMENTOF EXECUTION BY DEVELOPER AND SURETY MUST BE A`i':ACHED) Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ID personally known to me — OR - ❑ proved to me PAdb h"ahl SHAHA/I Commission # 1572409 Notary Public - Canaria Orange County My Comm. Expires Apr 24, 2009 State of California County of Orange On MAY 1 5 2006 before me, Paris Shahabi, Notary Public 8183 Name and Title of Officer (e.g.. 'Jane Doe. Notary Public") personally appeared Janina Monroe Names) of Signer(s) on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi r, seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ✓Jl!!ll!!!llllll!!!J!!J!!!l!!I!!/!!!!!!!!!!!!!!!!l!!!J!!!!!!l!J!!JllJlJlJ BD-1133 9/97 POWER OF ATTORNEY ayt q� 8184 Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) Christine Marotta of Chicago, IL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City.,Missgi i.; s. r., •ar. ,:; This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. 8185 Company on this day of MAY 1 5 Z0N 20 In Testimony Whereof, the Company has causer!. this instrument to be signed and its corporate seal to be affixed by their au i o cers, this 4th day of Apol , 20 06 Attested and Certified Martin J. Nilse .' ecretary STATE OF NEW YORK SS COUNTY OF NEW YORK SS Arch Insurance Company a„. . Edward M. T sJicce President I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free - voluntary act osaid corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J. CALLEO, ESQ. Notary Public, State of New York No. 02CA6109336 Qv:dined in New York County Commission Expires May 3, 2008 CERTIFICATION Pe My commiss rJ Nota?j'Public expires 5-03-2008 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as fisted above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate: and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have nerd„^*., _.,h..-ribed my name and affi d the corporate seaI of the Arch Insurance 'C•raZit Martin J. NilsSecretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 8186 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT St: 5� spa saC . r4.:�S,� C..�a.'v�.aS� C,_ 5�� . Z,.sj� g,!oaY� .• 1C�TS,- C�v�cac� aC .�¢ ,�7• State of California County off On V uutl e2 i pC- X o before me, Date Name and Title of Officer personally appeared . C&.YY _S V Y l (e.g., "Jane Doe otary Public") Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(5r whose name(e)- is/are subscribed to the within instrument and acknowledged to me that heisheithey executed the same in his/herithcrfr" authorized capacity(ies}, and that by his/ber tfrr signatures) -on the instrument the person(s)Tor the entity upon behalf of which the persona acted, executed the instrument. ITNESS my ha Signature of N OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S UMBPRINT GNER Top of thumb here Ga.���✓��er'�-a�S ,rrG�✓��k`ar,�� ��':"��'i�CvGvyGv��'�✓�: Jk�:�:�:vtiG�✓:�✓'�"✓"6:✓:�✓'r�.y".3�3 3:��'4�b�i:� ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • .nationelnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-676-6827 1CG Chairman Nick lnzunza Members Ron Morrison Luis Natividad Frank Parra Rosalie Zarate Executive Director Chris Zapata Shaping the Future Community Development Commission of National City May 22, 2006 Costco Wholesale Attn: John M. Minola, Vice President 999 Lake Drive Issaquah, WA 98027 SUBJECT: COSTCO WHOLESALE TRAFFIC IMPACT ANALYSIS Dear Mr. Minola: Please be informed that a critical component of the environmental review process is staff review of the Costco Wholesale Traffic Impact Analysis that was prepared by Kittleson & Associates. In order to proceed, a deposit of $12,500 shall be required to complete the analysis. Please remit payment to the following address: Community Development Commission of National City Attn: Xavier Del Valle, Senior Project Manager 1243 National City Boulevard National City, CA 91950 Should you have any questions regarding this matter, please contact Assistant Civil Engineer Adam Landa at (619) 336-4394 or Senior Project Manager Xavier Del Valle at (619) 336-4279. Sincerely, Chris Zapata Executive Director cc: Stephen Kirkpatrick, City Engineer Roger Post, Planning Director Adam Landa, Assistant Civil Engineer Xavier Del Valle, Senior Project Manager, CDC