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HomeMy WebLinkAbout2006 CON Canyon Ridge - Bond Subdivision Improvement AgreementDOG # 2006-0547050 II RECORDING REQUESTED BY CITY OF NATIONAL CITY AND WHEN RECORDED MAIL DEED TO AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: 49'7 9 Name: City of National City Address: 1243 National City Boulevard City of State: National City, CA 91950 Attn: Adam Landa 11 I I I II II II IIII I 11 III II II AUG 02, 2006 11:05 AM OFFICIAL RECORDS 3H,N DIEGO COUNTY RECORDER'S OFFICE GREGOR`i',J. SHiTH, COUNTY RECORDER FEES: 174.00 PAGES: 56 III I IIIII I III II (IIII IIIII Illll hill IIIII IIIII IIIII IIIII IIIII hill IIII IIII 2006-0547050 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBDIVISION IMPROVEMENT AGREEMENT DOCUMENT TITLE SEPARATE PAGE — PURSUANT TO GOVERNMENT CODE 27361.6 4980 SUBDIVISION IMPROVEMENT AGREEMENT_ DATE OF AGREEMENT: ,TUNE. 7, 2005 NAME OF SUBDIVIDER:RACHAEL AVENUE PARTNERS. A CALIFORNIA LIMITED PARTNERSHIP (OWNER) ADDRESS OF SUBDIVIDER: 2505 CONGRESS STREET, SAN DIEGO, CA 92110 (REFER TO EXHIBIT D NAME OF SUBDIVISION: CANYON RIDGE SUBDIVISION ATTACHED) CITY COUNCIL/PLANNING COMMISSION RESOLUTION OF APPROVAL NO.: 2005-116 ADOPTED: JUNE 7, 2005 IMPROVEMENT DRAWING NO.: 9443—D THRU 9470-D ESTIMATED TOTAL COST OF IMPROVEMENTS: (OFF -SITE AND ON-SITE):$1,708 ,177_00 ESTIMATED TOTAL COST OF MONUMENTATION.: $4,300.00 ESTIMATED TOTAL COST OF LANDSCAPING AND IRRIGATION: $124,930.00 TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: REFER TO PAGE 3,SFCTTON- 1B TRAVELERS CASUALTY AND NAME OF SURETY AND BOND/LETTER OF CREDIT NUMBERS: STU?F:'T"y COMPANY OF, A'ERICA 104774295 '104743081104743082 104743083 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- WHEREAS, the Code provides that before the final subdivision or parce? 1 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 EXHIBIT "A" — EXHIBIT "C"- 4982 WHEREAS, an estimate of the cost of constructing the public improvements, and the necessary land development work in connection therewith according to said plans and specifications has been made and has been approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, an estimate of the cost for the installation of all monuments 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, all of the public improvement, land development, and landscaping and irrigation work required in and adjoining the subdivision as follows: IMPROVEMENT DEADLINE DATE GRAT)TNG, F,ROSTON CONTROT, JULY 2Qp$ PRIVATE IMPROVEMENTS ,TITT.y 200$ P.0 (STREET, SEWER,WATER, STORM DRAIN) JULY 2008 A`(- LANDSCAPE & IRRIGATION ,TULY 2008 -3- 4983•. 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 conferende 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 a d maintain landsc ing and (L/1—L11) 4-- irrigation as per City approved plans (11 sheets) dated 4/ 18/06 . 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- 4. If any of the public improvement, land development and landscape and irrigation work contemplated by this agreement is to be construe 84 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- 4985 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- 8 6 ' 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, which have replaced, owner, the damaged or as the case may be, all pipes and monuments shown on the map been destroyed or damaged, and Subdivider shall replace or have repaired, or have repaired, as the case may be, or pay to the entire cost of replacement or repairs of any and all property 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- 4987 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- 4988 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- 4989 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- 4990 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- 4991 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 attorney'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 10 day of 3-01 200(0 . RACHAEL AVENUE PARTNERS A CALIFORNIA LIMITED PARTNERSHIP Subdivider Cam._ E0.4_. Subdivider APPROVED AS TO FORM: CITY ATTORNEY CITY OF NATIONAL CITY, a Municipal Corporation of the State of California By: Chris Zapata, City Manager (NOTARIAL ACKNOWLEDGMENT OF EXECUTION OF OWNERS MUST BE ATTACHED) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO -12- personally appeared 4992 ACKNOWLEDGMENT State of : California County of San Diego On Da1 O c'L nto, , before me L . a01� c` '► Date, Name and Title of Officer (e.g., "Jane Doe, Note Public") Ak\te, Baas Name(s) of Signer (s) personally known to me [ ] proved to me on the basis of satisfactory evidence to be the persons}whose name() is/a-e- subscribed to the within instrument and acknowledged to me that he/spy executed the same in his/licr4thoir authorized capacity(ies), and that by hisilefAheir signature(r4 on the instrument the person4), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal L. COWER 4 NOTARYCommsuc.CALIFFoRNu N So Diego Coy My Comm. EAMIes June 2A, 29091 Place Notary Seal Above ITEMS SEWER IMPROVEMENTS: EXHIBIT A 4993 QUANTITY & BOND ESTIMATES OPINION FOR CANYON RIDGE SUBDIVISION BURKETT & WONG JOB # 9170U 3/21/2006 QUANTITY UNIT UNIT PRICE COST 8" PVC Sewer 768 LF $ 72.20 $ 55,450 Sewer Manhole (SDRSD S-2) 7 EA $ 3,585.00 $ 25,095 SewerCleanout 2 EA $ 750.00 $ 1,500 4" Sewer Laterals (Std.) 21 EA $ 1,335.00 $ 28,035 Concrete Anchor (S-9) 3 EA $ 1,262.00 $ 3,786 Connect to Existing 1 EA $ 2,000.00 $ 2,000 SUBTOTAL $ 115,866 WATER IMPROVEMENTS: 6" PVC Water 865 LF $ 50.00 $ 43,250 6" Gate Valve 7 EA $ 1,000.00 $ 7,000 Fire Hydrant Assembly 3 EA $ 4,000.00 $ 12,000 6"x6" Tee 4 EA $ 640.00 $ 2,560 Concrete Thrust Block 9 EA $ 660.00 $ 5,940 1" Domestic Water Service w/meter 21 EA $ 2,478.00 $ 52,038 1" Air Valve 1 EA $ 1,550.00 $ 1,550 Connect to Existing Water 1 EA $ 2,000.00 $ 2,000 SUBTOTAL $ 126,338 STORM DRAIN IMPROVEMENTS: 18" RCP 92 LF $ 95.00 $ 8,740 24" RCP 579 LF $ 110.00 $ 63,690 Type 'A' Cleanout 6 EA $ 3,980.00 $ 23,880 Type 'I' Inlet (SDRSD D-29) 2 EA $ 3,850.00 $ 7,700 Type 'G-2' CATCH BASIN (SDRSD D-8) 1 EA $ 4,800.00 $ 4,800 Pipe Collar 1 EA $ 1,200.00 $ 1,200 Wing Type Headwall (SDRSD D-34) 2 EA $ 4,300.00 $ 8,600 Concrete Anchor (S-9) 4 EA $ 1,262.00 $ 5,048 Concrete Brow Ditch 1030 LF $ 15.00 $ 15,450 Rip Rap (1/2 TON) 4 EA $ 2,100.00 $ 8,400 Rip Rap (1/2 TON) - slope protection 71 EA $ 2,100.00 $ 149,100 StormceptorSTC4800 1 EA $ 26,000.00 $ 26,000 Flo-gard Plus Catch Basin Filter Insert 3 EA $ 800.00 $ 2,400 Connect to Existing Storm Drain 1 EA $ 200.00 $ 200 SUBTOTAL $ 325,208 WALLS Keystone Retaining Wall STREET IMPROVEMENTS I 163641 SF 1 $ SUBTOTAL 15.00 1 $ 245,460 $245,460 Schedule J Pavement (AC) 20,805 SF $ 5.00 $ 104,025 Porous Pavement (AC) 4,325 SF $ 6.25 $ 27,031 6" Curb per SDRSD G-1 694 LF $ 12.00 $ 8,328 6" Concrete Curb & Gutter 1,354 LF $ 20.00 $ 27,080 4" PCC Sidewalk 1,800 SF $ 5.00 $ 9,000 Street Name Sign/Stop Sign 1 EA $ 400.00 $ 400 Concrete Driveway 120 SF $ 7.00 $ 840 Pedestrian Ramps 1 EA $ 1,400.00 $ 1,400 Trench Resurfacing 60 LF $ 25.00 $ 1,500 Driveways - G14C (16' width, 3' deep) 1,008 SF $ 7.00 $ 7,056 Metal Beam Guard Rail 104 LF $ 30.00 $ 3,120 End of Road Object Marker 4 EA $ 400.00 $ 1,600 SUBTOTAL $ 191,380 GRADING Excavation/Embankment 17,637 CY $ 11.50 $ 202,826 Import 15,152 CY $ 22.00 $ 333,344 Removal/Recompaction (Transition Areas) 4,060 CY $ 2.00 $ 8,120 Move In and Mobilization 1 LS $ 10,000.00 $ 10,000 Clearing and Grubbing 261,360 SF $ 0.45 $ 117,612 6" Subdrain 393 LF $ 30.00 $ 11,790 Water 1 LS $ 10,000.00 $ 10,000 SUBTOTAL $ 693,692 EROSION CONTROL Sand/ Gravel Bag 540 EA $ 1.10 $ 594 Silt Fence 720 LF $ 1.60 $ 1,152 Fiber Rolls 750.00 LF $ 2.25 $ 1,688 Stabilized Construction Entrance 1,200 SF $ 5.25 $ 6,300 Straw Bales 100 EA $ 5.00 $ 500 SUBTOTAL $ 10,234 GRAND TOTAL: $ 1,708,177 Note: Where applicable, unit price are from City of San Diego Unit Price List, January 2006 Ed. Engineer of Work: Sheri Waite 4994 EXHIBIT B QUANTITY & BOND ESTIMATES OPINION FOR PACIFIC SCENE HOMES BURKETT & WONG JOB # 8741 UPS 2/28/2006 ITEMS PROPERTY CORNER MONUMENTATION QUANTITY UNIT UNIT PRICE COST Monumentation of interior lot corners $ 4,300 TOTAL Note: Where applicable, unit price are from City of San Diego Unit Price List, March 2000 Ed. Surveyor of Work: James L. Meyer, PLS 4307 4,300 4995 ITEMS IRRIGATION SYSTE EXHIBIT , C QUANTITY & BOND ESTIMATES OPINION FOR CANYON RIDGE SUBDIVISION E-Scape Design 7/25/2006 QUANTITY UNIT UNIT PRICE COST Backflow Device 1 EA $ 1,200.00 $ 1,200 Master Valve 1 EA $ 125.00 $ 125 Controller (Common area) 1 EA $ 750.00 $ 750 Controller (Private Yards) 14 EA $ 125.00 $ 1,750 Remote Control Valves (Common) 26 EA $ 125.00 $ 3,250 Remote Control Valves (Private Yards) 63 EA $ 125.00 $ 7,875 Quick Coupler Valves 5 EA. $ 80.00 400 Mainline 2" 1620 L.F. $ 3.00 $ 4,860 Rotary Stream Heads (Common Area) 81 EA. $ 45.00 $3,645 Spray Heads (CommonArea) 139 EA. $ 25.00 $ 3,475 Spray Heads (Private Yards) 462 Ea. $ 25.00 $ 11,550 Lateral 3/4" 2704 L.F. $ 1.50 $ 4,056 Lateral 1" 3816 L.F. $ 1.60 $ 6,106 Lateral 1-1/4" 504 L.F. $ 1.75 $ 882 Subtotal $ 49,924 PLANTING Fine Grading 38,774 S.F. $ 0.05 $ 1,939 Soil Preparation (Private Yards) 10,376 S.F. $ 0.35 $ 3,632 Flat Plants 20,040 S.F. $ 0.35 $ 7,014 1 Gallon Shrub 1743 EA $ 10.00 $ 17,430 5 Gallon Shrub 412 EA $ 30.00 $ 12,360 15 Gallon Tree 123 EA $ 85.00 $ 10,455 24" Box Tree 7 EA $ 250.00 $ 1,750 Hydroseed 28400 S.F. $ 0.11 $ 3,124 Sod Lawn (Private Yards) 6300 S.F. $ 1.50 $ 9,450 Bark Mulch (Private Yards) 4074 S.F. $ 0.50 $ 2,037 Maintenance - 90 Days 38,774 S.F. $ 0.15 $ 5,816 $ - $ - $ - SUBTOTAL $ 75,006 TOTAL Patrick Higginbotham $ 124,930 4996. EXHIBIT D LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: PARCEL A: ALL OF TRACT 600 OF LINCOLN ACRES ANNEX NO. 3. IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1754, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 11, 1923. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT 600, DISTANT THEREON SOUTH 19° 01' EAST 695 FEET FROM THE NORTHERLY CORNER THEREOF, SAID POINT BEGINNING BEING THE SOUTHEASTERLY CORNER OF LAND DESCRIBE IN DEED TO MAXIMIANO TULAO, ET UX, RECORDED MAY 11, 1948 AS INSTRUMENT NO. 47219 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 70° 59' WEST TO THE WESTERLY LINE OF SAID TRACT 600. PARCEL A-1: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THAT PORTION DELINEATED ON PARCEL 1 OF PARCEL MAP NO. 6476, OCTOBER 25, 1977 AND GRANTED IN DEED RECORDED MARCH 29, 1979 AS INSTRUMENT NO. 127894 OF OFFICIAL RECORDS. PARCEL B: PARCEL 2 OF PARCEL MAP NO. 6476, FILED ON OCTOBER 25, 1977 BEING A PORTION OF TRACT 600 OF LINCOLN ACRES ANNEX NO. 3, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1754, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 11, 1923. APN: 564-080-34-00 and 564-080-12-00 First American Title cc 4997 EXECUTED IN TRIPLICATE REVISED BOND FORM FAITHFUL PERFORMANCE BOND 4998 NAME OF DEVELOPER: RACHAEL AVENUE PARTNERS.A CALIFORNIA LIMITED PARTNERSHIP DATE, OF AGREEMENT: JUNE 7, 2005 GRADING PERMIT TITLE OF AGREEMENT: FAITHFUL PERFORMANCE BOND -AND STREET IMPROVEMENTS NAME OF DEVELOPMENT: CANYON RIDGE SUBDIVISION NAME OF SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AMOJNT OF AID: $1,708,177.00. BOND NUMBER: 104749081 EFFECTIVE DATE: JULY 6, 2006 PREMIUM: $34.164.00 WHEREAS, the City of National City, State of California, hereinafter referred to as City, and the Developoar 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 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; 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 statPr1 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 The condition of this obligation is such that if the above bounden 4999 DEVELOPER„ his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well truly kePv 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 become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition 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 it cinPs 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 JULY 6 , Aid 20Q6 Page 2 of 3 5000 RACHAEL AVENUE PARTNERS A r.ALTFnRNTA r TM F RTWvRSHIP DE VF OPER oN+bk V e,�C- owe 50144.44,1 BY: UC t.GGO! Mtn ._-!, zfx;_e. ,a'7'") SURETY Christine A. Paterson, Attorney In Fact D ac fi1412-4 c4 cfc� APPROVED AS TO FORM: GDORGE H. EISER, III CITY ATIOHNEY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE ATTACHED) Page 3 of 3 5001 ACKNOWLEDGMENT State of : California County of San Diego On 3-(Ai -Lit 'Lot , before me L, Co, tfoe - 0 Eliot tC„ Date Name and Title of Officer (e.g., "Jane Doe, Notary Pt lie") personally appeared Name(s) of Signer (s) [ personally known to me ] proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/a1 subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(igs), and that by his/hcr/thci>; signature on the instrument the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument. WITNESS my hand and official seal L. COLLIER Comm. # 1593550 in NOTARY PU8UC•CAU(FyORRIA San largo Coun 9,1y Comm Woo Juno 29, 2909 E Place Notary Seal Above Soot CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of SAN DIEGO JUL 2 6 2006 AUDREY RODRIGUEZ, NOTARY PUBLIC On before me, SS. "Dale Name end 715e d ORwor (e4, Vane Doe, Notts' PIbIC1 personally appeared CHRISTINE A. PATERSON _ Name.) 01 Diener(,) £l personally known to me 0 proved to me on the basis of satisfactory evidence AUDREY RODRIGUEZ E COMM. #1631526 NOTARY PUBLIC-CALIFORNIA n � SyAN DIEGO COUNTY 2 DECEM�BER 19, to be the person(K) whose namel) isflig subscribed to the within Instrument and acknowledged to me that%/sheffi:14 executed the same in Xiih/herZfEar authorized capacity(ies), and that by XiE/herdfriENE signatureis) on the instrument the person(t or the entity upon behalf of which the person() acted, executed the instrument. WIT OPTIONAL Though the Information below is not required by raw, 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 0 General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RICIHT THUMBPRINT OF SIGNER Top of thumb here O leee National Notary Aesodatlon • 0350 De Soto Ave., P.O. Soy 2402 • Chalswwth, CA 91313-2402 • www,natlonelnotary.org Prod. No, 5007 Reorder. Cell Tot -Free 14700417e43327 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT 5003 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin, Lawrence F. McMahon, James Baldassare, Jr., of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) 5n01c IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 1st day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICA 1E I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of JUL 0 6 2006,20 • By •. Kori M. Johanson Assistant Secretary, Bond • EXECUTED IN TRIPLICATE FA S T. HP" UL 1=0 ERF ORMAN C E B O ND (LANDSCAPING AND IRRIGATION) 004fry Subdivisions (Surety) NAME OF DEVELOPER: RACHAET. AVENUE PARTNERS, A CALTFfBNTA LIMITED PARTNERSHIP DATE OF AGREEMENT: .TTTNF. 7, 2005 TITLE OF AGREEMENT:FATTHFTH. PERFORMANCE BOND - LANDSCAPE AND IRRIGATION NAME OF DEVELOPMENT: CANYON RIDGE SUBDIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA NAME OF SURETY & ADDRE55:932c SKY PARK CT #22f? SAN fTRan, CA 92123. AMOUNT OF BOND: 1211, 930. 00 BOND NUMBER: 104774295 EFFECTIVE DATE: July 26, 2006 PREMIUM: $2,499.00 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 DEVELOPER, have entered into an agreement whereby DEVELOPER agrees to install and complete certain designated landscaping and irrigation improvements, which said agreement, dated as shown on Page 1 hereof and entitled as shown on Page 1 hereof, for landscaping and irrigation improvements 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; 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, and administrators jointly and severally, firmly by these presents. Page 1 of 3 5005 The condition 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 and 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 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 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, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in 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 specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the • DEVELOPER and SURETY above named on July 26, 2006 , As9 Page 2 of 3 RACHAEL AVENUE PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP I DEVELOPER444i Cy -Awe -cc. DEVELOPER g/c(4__ vuPc,440 L6 j C-c.) APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY 5006 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA SURETY BY: Christine A. Paterson SURETY Attorney In Fact (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE ATTACHED) Page,3 of 3 Folder Misc.-Faithful/Landscaping 5007 ACKNOWLEDGMENT State of : California County of San Diego On �� 7 &e 'ZQ}��, ,before me 9� 1 i Y crrl.� r lei; c , Date Name and Title of Officer (e.g., `Jane Doe, Notary Puke") personally appeared �I a,rk— 0-q-d Le_, L. COWER Comm.# 1593550 in NOTARY PUBIJC•CALIFORNIA =+ San Diego County My Comm. F.e06e$ June 20, 2009 Place Notary Seal Above Name(s) of Signer (s) ersonally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/aaa subscribed to the within instrument and acknowledged to me that he/slhe/-they executed the same in his/her) ir authorized capacity(i4s), and that by his/her/th ir signature(s) on the instrument the person(4, or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal attire of Notary • u . lic 5408 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO ss. On JUL 2 6 2006 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC 'Dale Name and TINe of Moor (k-0,'Jarw One, Notary Pu6Ac1 personally appeared CHRISTINE A. PATERSON 1 AUDFiEY RODR GuEZ NOTARY PUBUO-CALLA BAN DIEGO COUNTYMY Commlasion DECEMBER 19,, NarnoN) of Digner(al Vi personally known to me 0 proved to me on the basis of satisfactory evidence to be the person( whose nameft) subscribed to the within instrument and acknowledged to me that;t/sheffiit'Ijt executed the same In X/her�e4r authorized capacity(ies), and that bys/heri signaturefs) on the instrument the person(, or the entity upon behalf of which the person(R) anted, executed the instrument. WI ( ES my hand �ddooffiiccial seal. i re re f Notary Pub! OPTIONAL Though the Information below is not required by taw, it may prove valuable to persons relying onthe 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: 0 Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attomey-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RICHT TIIll,19PRINT or-s GNGR Top of thumb here O 19e9 National Notary Anaoolatlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, rth, CA 91313-2402 • www.natlonalnotery,org Prod. No. 5907 Reorder. CaP Toll-Pree 1400-P7e4027 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT 5009 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin, Lawrence F. McMahon, James Baldassare, Jr., of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) S0f0'( IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 1st day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of JUL 2 6 20O90 Kori M. Johanson Assistant Secretary, Bond Executed in Three Counterparts Bond No. 104743081 Premium: Included PAYMENT BOND NAME OF DEVELOPER: Rachael Avenue Partners, a California Limited Partnership DATE OF AGREEMENT: JUNE 7, 2005 Pt . TITLE OF AGREEMENT: Subdivision Improvement Agreement NAME OF DEVELOPMENT: Canyon Ric1ga Subdivision NAME OF SURETY: Travelers Casualty and Surety Company of America ADDRESS: 9375 Sky Park Ct #220 San.Diego. CA 92173 AMOUNT OF BOND• $1,708.177.00 BOND NUMBER: 104743081 PREMIUM: Included EFFECTIVE DATE: July 6, 2006 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 5©IOp, ity 50ij 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 $ 1 7Q8 177 , 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 5012 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 Julv6th 1/J 20W Rachael Avenue Partners, a California Limited Partnership DEVELOPER D DBVELOP$B UiL.c. Travelers Casualty and Surety Company of America SURETY By.�z_0;4s;� Qes ids'; SURETY Christine A. Paterson, Attorney In Fact avY APPROVED AS TO FORM. Jew, Wit 6fnU2al- GEORGE H."EISER, III City Attorney (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) SS ,ti.,�S,.'�^r n,^i./2,/viii.�N,v.,��n�,- r..�r..n..,.,v"..'v...,.✓..,.✓.✓.✓ww��.,^..^.,^.,^., ^..�^vw.. ^r���^'��>=� //: ^':ivy,-...,., ., �/. ,. �.v�✓vv�. %� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON JULY 7, 2006 BEFORE ME, M LESSA- NOTARY PUBLIC , PERSONALLY APPEARED TAMMY MILLER, CA PERSONALLY KNOWN TO ME - OR - ® PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME IN HER AUTHORIZED CAPACITY, AND THAT BY HER SIGNATURE ON THE INSTRUMENT THE PERSON , OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. M. LESSA Commission # 1389323 Notary Public - California San Diego County My Comm. Expires Dec 9, WITNESS MY HAND AND OFFICIAL SEAL. SIGNATORE OF NOTARY PUBLIC OPTIONAL TIIOUGII THE INFORMATION BELOW IS NOT REQUBRED 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: Payment Bond - Bond No. 104743081 Rachael Avenue Partners DOCUMENT DATE JULY 7, 2006 NUMBER OF PAGES: 3 SIGNER(S) OTHER THAN NAMED ABOVE: N/A CAPACITY(IES) CLAIMED BY SIGNER(S). SIGNER'S NAME TAMMY MILLER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S): VICE PRESIDENT ❑ PARTNER-0 LIMITED 0 GENERAL ❑ ATTORNER-IN-FACT ❑ TRUSTEE ❑ GUARDIAN OF CONSEVATOR ❑ OTIIER: SIGNER IS REPRESENTING LOMA VERDE INC. A CALIFORNIA CORPORATION 5014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO jes. On JUL 0 6 2006 before me, AUDREY RQDRIGUEZ, NOTARY PUBLIC Natne and TOk d Meer e.g., Vans Doe, Notary Publ e) personally appeared CHRISTINE A. PATERSON AUDREY RODRIGUEZ COMM. *1631526 OTARY PUBLIC-CALIFORNIA, SAN DIEGO COUNTY C) M Commission Expires ECEMBER 19, 2009 Namep) olSigner(e) El personally known to me 0 proved to me on the basis of satisfactory evidence to be the personM whose nameljt) is/E1t subscribed to the within Instrument and acknowledged to me that :t /shei if executed the same in Errs/her=fr authorized capacity(ies), and that by XiTss/her signaturek) on the instrument the person(,), or the entity upon behalf of which the person(; acted, executed the instrument. WITN S hand an(offioial seal. OPTIONAL Though the information below is not required by law, 8 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(les) Claimed by Signer Signer's Name: ' ❑ Individual ❑ Corporate Officer—Titie(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT TH OF S UIMPRINT GNLH Top of thumb here 01999 National Notary Aesootallon • 9260 De Soto Ave., P.D. Box 210E • Chatsworth, CA 91316.2402 • www.nelloneMotery.org Prod. No. 6907 Reorder. Cell Toll -Free 1-e06417e.ee27 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT 5015 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin, Lawrence F. McMahon, James Baldassare, Jr., of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 1st day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERf1NICAPh I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of JUL 0 6 2006' 20 • Kori M. Johanson Assistant Secretary, Bond Executed in Three Counterparts Bond No. 104743082 Premium: 100.00 SUBDIVISION MONUMENTATION BOND 5 0 16 NAME OF DEVELOPER: Rachael Avenue Partners, a CaliforniR Limited Partnership DATE OF AGREEMENT: Si thciivSion Meru ImAq#aElr+n B^nd DUNE 7, 2005 /, �`. NAME OF DEVELOPMENT: Canyon Ridge Subdivision NAME OF SURETY: Travelers Casualty and Surety Company ofAmerica AMOUNT OF BOND:_$4 300 on BOND NO.: 104743082 EFFECTIVE DATE: July 6, 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. If said DEVELOPER, within 30 days after the setting of the said final monuments, furnishes written notice thereof to the City Engineer and pays the engineer or surveyor for setting said subdivision morumientation, and presents evidence of such payment and receipt thereof to the City Enginaer, together with a request that this bond be released, then this obligation shall cease and be void; otherwise, it11 remain in full farce 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 successful enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The SURETY hereby stip,lates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this hood, and it does hereby waive notice of any such change, extension of time, alteration or miition to the terms of the agreement or to the work or to the sponificatinns IN WITNESS WHEREOF, this instrument has been duly executed by the DEVEWL'ER and SURETY above named, on July 6th , JuW O6 Travelers Casualty and Surety Rachae[Ayente PartneG� Corn • - fly of America qp is Limited Partnership I• ' Y•" tCil� ae.2 1 .fi r/ 44, W..../ SURETY APPROVED AS xO FORM: GEORGE H EISER, III, (MY ATTORNEY 5017 DEVELOPER U.11C 'C, BSI d-1- Lam Jfede . V3 C- e erza Q- '_ (NOTARIAL ACKNOWLECGMENr OF EXECUTION BY rEVELOPER AND SURETY MUST BE ATTACHED) CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT 5018 >( s 5>e STATE OF CALIFORNIA SZ COUNTY OF SAN DIEGO ON JULY 7, 2006 BEFORE ME, M LESSA- NOTARY PUBLIC PERSONALLY APPEARED TAMMY MILLER, ® PERSONALLY KNOWN TO ME - OR - ® PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME IN HER AUTHORIZED CAPACITY, AND THAT BY HER SIGNATURE ON THE INSTRUMENT THE PERSON , OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. M. LESSA Commission # 1389323 Notary Public - California z : ` San Diego County W' My Comm. Expires Dec 9, 2006 WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE OF NOTARY PUBLIC OPTIONAL '1'HOUGH'1'HE INFORMATION BELOW IS NOT REQUERED 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: Subdivision Monument Bond #-104743082 Rachael Avenue Partners DOCUMENT DATE: JULY 7, 2006 NUMBER OF PAGES: 2 SIGNER(S) OTHER THAN NAMED ABOVE: N/A CAPACITY(IES) CLAIMED BY SIGNER(S): SIGNER'S NAME: TAMMY MILLER ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE(S): VICE PRESIDENT O PARTNER-0 LIMITED 0 GENERAL ❑ ATTORNER-IN-FACT ❑ TRUSTEE ❑ GUARDIAN OF CONSEVATOR ❑ OTHER: SIGNER IS REPRESENTING: LOMA VERDE INC. A CALIFORNIA CORPORATION �/�r^J�M/�MM/�M/�MM\MM/.\/�M/W�/./�MM/�M�V�'�N�.��l���f N`..'�lW�/W�/�N VVs'WWW\M/`✓W\^ 5019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO JUL 0 6 2006 on Date Herne and TO of Officer (e.g., Vane Doe, Notary Pubrd) personally appeared CHRISTINE A. PATERSON _ AUDREY RODRIGUEZ COMM. #1631526 NOTARY PUBLIC-CALIFORNIA 2 SAN DIEGO COUNTY C) M1 Commission Expires ECEMSER 19, 2009 Nar.0200 BIOnar00 gi personally known to me 0 proved to me on the basis of satisfactory evidence to be the person( whose namep) isSib subscribed to the within instrument and acknowledged to me that tTg/she jt executed the same in Ms/her Yr authorized capacity(ies), and that by /his/her signaturels) on the instrument the person(,), or the entity upon behalf of which the person(x) 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 fore 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 —Titie(s): ❑ Partner —0 Limited 0 General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: before me,, AUDREY RODRIGUEZ, NOTARY PUBLIC RIGHT TH OFs Ur,7[3PRINT GNER Top of thumb here >> a`. O 1999 National Notary Aesooltllon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 01313.2402 • www.nallonalnolary.or9 Prod. No. 5407 Reorder. Cat Toll -Free 1-900-5784927 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT 5020 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin, Lawrence F. McMahon, James Baldassare, Jr., of San Diego, California, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) 5021 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By --- v George W. Thompson Senior Vice President On this 1st day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. C tariueauu My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of JUL 0 6 2006' 20 • By Kori M. Johanson Assistant Secretary, Bond 5022 Executed in Three Counterparts BOND NO. 104743083 ' TRACT/PARCEL MAP NO. Canyon Ridge Premium: $300.00 SUBDIVISION MAP TAX AND 'AA$ ESSMSN'F BOND Rachael Avenue Partners, Whereas, a Califorr -I ironed-Padnpmbip ; as the owner and subdivider of Final Map No. intends to file a final subdivision map with the County Recorder, and Whereas, the Subdivision Map Act requires the owner or subdivider to execute and file with the Clerk of the Board of Supervisors (hereinafter, Clerk) security for the payment of certain taxes and assessments as specified below before the final subdivision map may be recorded. NOW, THEREFORE, Rachael Avenue Partners, a California Limited Partnership as Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the County of Sin Diego, State of California, (hereinafter, County) in the penal sum of Fj)fteen Thousand and NO/100 dollars ($ 15,000.00 ) for the' payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, as follows; The condition of this obligation is such that if titre Principal shall pay, or.cause to be paid, when due, all state, county, municipal, and local taxep and the current installment of principal and interest of all special assessments collected as taxes, which at the'time the final map is recorded are a lien against the property, or any part thereof, but which ars not yet payable, than this obligation shall become null and void. Otherwise, it shall remain in full force and effect. If the Principal allows the taxes and special assessments described above to become delinquent, Surety expressly agrees to pay the County of San Diego the principal sum of this security, or any portion thereof demanded, without proof of loss, upon demand. therefor by the Clerk. If the first installment of the taxes and special assessments remains unpaid as of the February l due date of the second installment, Surety expressly agrees to pay the County of San Diego the principal sum of this security, or any portion thereof demanded, without proof of loss, for the first installment. first installment penalties and second installment upon demand therefore by the Clerk. The provisions of section 2845 of the Civil Code are not a condition precedent to the Surety's obligation hereunder and are hereby waived by. the Surety. Surety warrants that it is authorised to act as a surety in the State of California. CCSP 04•.140 & 04.140A 0/00 - 1 - Ax art of the tion h the facepamount pacifiedatherefor, secured ersha and in i included coots and reasonable a there ,hall be iaaluded attorneys' fees,. incurred bysCounty ain�successfullyg eesforbing such obligation, all to be taxed as costs and included in any judgment rendered. to In witness whereof, the Principal and Surety have hereunto set their hands and Beals this 6th day of July NPIN OP PRINCIPAL s Rachael Avenue Partners, a California Limited Partnership ADDRESS: 2505 Congress nee an i o, CA 92t 10 --- AUTHORIZED SIGNATURE (g)(� — O k c. ,Pe- i62 — L)-eede inc- Genetek,‘Poe4reic, NAME OP SURETY: Travelers C sualty and Surety Company of America ADDRESS: 9325 Congress Stre , San Uiego, AUTHORIZED SIGNATURE:„c-cp_ Its Attorney,in-Pact Christine A. Paterson • Note: 1. Attach ackncwjeagemant of signature(,) of Principal and' Surety's Attorney -in -Pact. 2. Signing individuals must be properly authorized in accordance with prior advice of this office. References: Gov. Code, g$ 66493. 66494 and 66499(a)(1) CCU 84.140 & 84.140A 6/00 -2- 5 02,E 5024 TRUE COPY CERTIFICATION (Government Code 27361.7) SAN Dt U )Gib Place of Execdtion I certify under penalty of perjury that this material is a true copy of the original material contained in this document. Date Rec. Form 01R9 (3-17.97) - -�S -\\\ Type or Print Name Executed in Three Counterparts BOND NO. 104743083 TRACT/PARCEL MAP NO. Canyon Ridge Premium: $300.00 SUBDIVISION MAP TAX AND ASSESSMENT BOND Whereas, Rachael Avenue Partners, a California Limited Partnership, as owner and subdivider of Final Map No. intends to file a final subdivision map with the County Recorder; and Whereas, the Subdivision Map Act requires the owner or subdivider to execute and file with the Clerk of the Board of Supervisors (hereinafter, Clerk) security for the payment of certain taxes and assessments as specified below before the final subdivision map maybe recorded. NOW, THEREFORE, Rachael Avenue Partners, a California Limited Partnership, as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto the County of San Diego, State of California, (hereinafter, County) in the penal sum of Fifteen Thousand and NO/100 dollars ($15,000.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, as follows: The condition of this obligation is such that if the Principal shall pay, or cause to be paid, when due, all state, county, municipal, and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against taxes, or any part thereof, but which are not yet payable, then this obligation shall become null and void. Otherwise, it shall remain in full force and effect. If the Principal allows the taxes and special assessments described above to become delinquent, Surety expressly agrees to pay the County of San Diego the principal sum of this security, or any portion thereof demanded, without proof of loss, upon demand therefore by the Clerk. If the first installment of the taxes and special assessments remains unpaid as of the February 1 due date of the second installment, Surety expressly agrees to pay the County of San Diego the principal sum of this security, or any portion thereof demanded, without proof of loss, for the first installment, first installment penalties and second installment upon demand therefore by the Clerk. The provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligation hereunder and are hereby waived by the Surety. Surety warrants that it is authorized to act as a surety in the State of California. CCSF 84.140 & 84.140A 6/00 -1- 502.5 5O26 As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Count in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. In witness whereof, the Principal and Surety have hereunto set their hands and seals this 6th day of July , 200 6 . NAME OF PRINCIPAL: Rachael Avenue Partners, a California Limited Partnership ADDRESS: 2505 Congress Street, San Diego, CA 92110 AUTHORIZED SIGNATURE(S): Tammy Miller- Vice President Loma Verde Inc.- Its General Partner NAME OF SURETY: Travelers Casualty and Surety Company of America ADDRESS: 9325 Congress Street, San Diego, CA 92123 AUTHORIZED SIGNATURE: Its Attorney -in -Fact Christine A. Patterson Note: 1. Attach acknowledgement of signature(s) of Principal and Surety's Attorney -in -Fact 2. Signing individuals must be properly authorized in accordance with prior advice of this office. References: Gov. Code, SS 66493, 66494 and 66499 (a) (1) CCSF 84.140 & 84.140A 6/00 -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l\M /�/\ ✓�NrMI�/�/`MM/�. �i N� v v v ^�M/�MM/�/\-/\. J�/W/�/�Mi .n/\ C 7 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON JULY 7, 2006 BEFORE ME, M LESSA- NOTARY PUBLIC , PERSONALLY APPEARED TAMMY MILLER, ® PERSONALLY KNOWN TO ME - OR - ® PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME IN HER AUTHORIZED CAPACITY, AND THAT BY HER SIGNATURE ON THE INSTRUMENT THE PERSON , OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. M. LESSA Commission # 1389323 Notary Public - California San Diego County My Comm. Expires Dec 9, 2006 WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE OF NOTARY PUBLIC OPTIONAL THOUGH THE INFORMATION BELOW IS NOT REQUERED 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: Subdivision Map Tax and Assess Bond -104743083 Rachael Avenue Partners DOCUMENT DATE: JULY 7.2006 NUMBER OF PAGES: 2 SIGNER(S) OTHER THAN NAMED ABOVE: N/A CAPACITY(IES) CLAIMED BY SIGNER(S): SIGNER'S NAME: TAMMY MILLER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TI'I'LE(S): VICE PRESIDENT ❑ PARTNER-0 LIMITED ❑ GENERAL ❑ ATTORNER-IN-FACT ❑ TRUSTEE ❑ GUARDIAN OF CONSEVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: LOMA VERDE INC. A CALIFORNIA CORPORATION V`✓'A'NN.'�%..'�'�./'..'.M%`✓�.^�'./'�/W�/�`J�%`.!^�i-"V �%'�t/�.'�/\i'i\i\'V'V� v�.1��iV�I��I����P�.1.tiMrWV�✓Vti^viV .^ �/'V�/` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO • On JUL 0 6 2006 before me,, AUDREY RQDRIGUEZ, NOTARY PUBLIC vw Nefne end Tilts of Meer (e.p., Lane Doe, Notary Pubpc") personally appeared CHRISTINE A. PATERSON AUDREY RODRIGUEZ COMM. #1631526 , NOTARY PUBLIC-CALIFORNIA w SAN DIEGO COUNTY A My Commission Expires ECEMI3ER 19, 2 flame{a) of DON(e) RI personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(p whose namely) is/A subscribed to the within instrument and acknowledged to me that; /shell:1Rc executed the same in Xilb/herralffr authorized capacity(ies), and that by lirs/herlIZON signaturels) on the Instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WI SS i y hand :i. o 'ciat seal, OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: O Individual ❑ Corporate Officer — TItie(s): ❑ Partner Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT TE ors ur.13PRRIT GNER Top of thumb here 5028 n,:��%:�✓.�✓:�e_i,:�✓-�✓:�✓:�✓%�:i%�'�:v;:�✓:�✓;:�✓:��w�':�✓:��3��%:��%:�53:��%:�_?:�35�✓:�✓�:v%:�:;ae%:�S%:��3:�t%:v'%::✓.C�%::�•!:�-•%.:4i.`S 0 teee National Notary Association • 9e60 De Soto Ave., P.O. Box 210E • Chatsworth, OA 91918.2402 • wew,natlonalnolaryorg Prod. No. 6907 Reorder: Call Tot -Free 1.800-67e ee27 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT 5029 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin, Lawrence F. McMahon, James Baldassare, Jr., of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VO1ED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed). under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (11-00 Standard) 5030 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be', signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD ww�www,� 1 Frr TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 1st day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. orue, e i�nAnuK.d+ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICAIi . I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of JUL 0 6 2006' 20 ' By Kori M. Johanson Assistant Secretary, Bond 5031 When Recorded, Mail To: STATE OF CALIFORNIA ) )ss: COUNTY OF SAN DIEGO ) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAY 05. 2006 DOCUMENT NUMBER 2006-0318660 GREGORYJ. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDERS OFFICE TIME: 11:19 AM I, Dan McAllister, certify that I am the duly qualified and elected Treasurer - Tax Collector of the County of San Diego, State of California; that I have examined the records of my office as to delinquent taxes and assessments collected by the County of San Diego on the property in the subdivision or parcel map known as: CANYON RIDGE CASE NO. S-2004-12 IN THE CITY OF NATIONAL CITY A final map of which subdivision or parcel map is about to be filed with the appropriate legislative body in the County of San Diego for approval; and I hereby certify that at the date hereof there are NO liens against said subdivision or parcel map, or any part thereof for unpaid State, County, Municipal or local taxes and special assessments for the fiscal year 2005-2006. I further certify that there are against the parcel or parcels of real property within which the subdivision or parcel map is situated liens for State, County and local taxes and special assessments collected as taxes which are a lien but which are not yet payable and which I estimate as follows: State, County, School and Special District Taxes $15 000.00 Include City of NATIONAL CITY IN WITNESS WHEREOF, I have hereunto set my hands this 5th day of MAY, 2006. Certificate No. 06-301 TREA By: THIS CERTIFICATE VOID AFTER: SEPTEMBER 20, 2006 D LLISTER COLLECTOR \ 4.A -V Deputy Parcel No: 564-080-12-00 Subject of Government Code 564-080-34-00 Section 66493 Tax Surety/Bond Required: Yes ® No ❑ This certificate must be filed with the County Recorder and a conformed copy delivered to the appropriate legislative body in the County of San Diego. DT-21-22 Revised 12/01/SubDivParMaps