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HomeMy WebLinkAbout2006 CON Estrella Walk - Bond Subdivision Improvement AgreementSUBDIVISION IMPROVEMENT AGREEMENT DATE. OF_ A33r,r.\l2M: December 14, 2004 NAME OF SJBDIVID2: Olson 737 - National City 3. Lic NAP OF SUBDIVISION: Estrella Walk RESOLUTIO:d OF APP_RO'JAL NO.: 2 0 0 4 -18 6 ADOPTED: October 5, 2004 LAP.ZJAV ENT DRAWING AD.: 918 5 D - 919 4 D a"TIMATED TOTAL COST OF IMPR E. NTS : $ 614 , 7 9 0. 0 0 ESTI_lATED TOTAL COST OF M).VU ENTATION.: $17 5 , 8 7 2. 3 0 TIME LI_yIT FOZ CD:4PLETIOv OF I:4PRO 9 4TSTS: Refer to Page 3, Section 1b. SUR 17 AND BOND ND. 838731S 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 +T-i=,REAS, Snh-livider has presented to City for approval and recordation, a final snhaivision reap of a proposed subdivision as stated on Page 1 hereof pursuant to provisions of the Subdivision Nap Act of the State of California, and in compliance with the provisions of Title 17 of the National City Municipal rode, hereinafter referred to as Code, relating to the Filing, approval and recordation of subdivision maps; and WHEREAS, a Tentative Map of the Snh1ivision has b n approved, subject to the requirements and conditions contained in the resolution lisb3 on Page 1 hereof. Said resolution is on file in the office of the City Clerk and is incorporate-i herein by reference and made a part hereof; and -1- WHEREAS, the Code provides that before the final map is approved by the City Council, Subdivider must have complied with the requirements of said resolution, and mist have either installed and completed all of the public improvements and land development work required by the Code and said resolution to be installed in the subdivisions before the final maps of subdivisions are approved by the City for the purpose of recording in the office of the County 'Recorder of San Diego County, or as an alternative thereof, the Subdivider shall enter into an agreement with the City, secured by an approved improvement security to insure the performance of the work pursuant to the requirements of the Code, agreeing at its own expense to install and complete, free of liens, all of the public improvements and land develoit work required in the subdivision within a definite period of time prescribed by the Council; and WHEREAS, Subdivider, in consideration of the approval and recordation of this chap by the Council, desires to enter into this agreement wherein it is provided that the Subdivider will install and complete at its own expense, all the public 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 the public 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 -2- WHEREAS, an estimate of the cost of constructing the public improvements and npoPRsary land developnent work in connection therewith amnrding 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; ND,J, THERZIRDRE, in consideration of the approval and recordation by the City Council 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 acr'nrdance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the public improvement and land development work required in and adjoining the subdivision as follows: L1PRDVEYENP Gradina & Erosion Control Private Improvements Da xam DATJ April 2005 June 2005 Public Improvements June 2005 -3- 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 cauresicement of the work hereunder. No construction shall begin until approved authorization has been obtained and the official Preconstruction conference has been held. e. Complete the improvements listed in 1.(b) above, under this contract on or before the time limits stated hereof. f. Install all monuments required by law within thirty days after the completion and acceptance of the improvements by the City Engineer. g. Install tek-nrary street name signs if permanent street name signs have not been installed. 2. Ifany of the public improves -Tent and land development work contemplated by this agreeaent is to be constructed or installed on land not owned by Sin`riivider, no construction or installation shall be cauenced prior to the da.iication and acceptance by the City of the appropriate easements. 3. 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 Siih ivider, and if determined to be in accordance with applicable City standards and the terms of this agreement, shall recommend the acceptance of such improverents by the City. Suha eider 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. -4- 4. 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 aitional amount of 50% of said amount for securing payment to contractor, his subcontractors and persons renting equipment or furnishing latinr 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 amcunt of 100% of the estimated cost of setting subdivision monuments as stated on Page 1, hereof and as req,ired by this agreement. The securities required by this agreement shall be filed with the City Clerk and when so filed, shall be incorporated by reference herein. 5. 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 relieve the 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 cccnplet 1 partial releases thereof as allowed by this agreement.; -5- 6. The securities required by this agreement shall be released as follows: a. Security given for faithful performance of any act or agreement shall be releaP.1 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 relPas' shall be for an amount less than 25% of the total improvement spc-nrity 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 guarant-ec. the completion of the act or work and any other obligation imposed by the Code, the Subdivision Map Act or this agreement. -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. 7. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Snhiividar shall replace or have replaced, repaired, or have repaired, as the raga may be, or pay to the owner, the entire cost of replacement or repairs of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be wed 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 reji r or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. -7- 8. Subdivider shall, at Si,hiivider's expense, obtain all necessary yermits and licenses for the construction of such improve ants, give all necessary notices and pay all fees and taxes required by law. 9. 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 City. The sums provided by the improvement security may be used by City for the can 1etion of the public iu xroveaents 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, pay 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. 10. 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. -8- 11. Sutriivider shall guarantee or warranty the work done pursuant to this agree met for a period of one year after final aroovtance of said work against any affective work or lahnr 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 otherwise unsatisfactory part or parts of the work or structure. Shoi1ri Subdivider fail to act promptly or in accordance with this requirement, S»h9ivider 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 replacement or perform the the cost of such repairs. 12. Neither Snh9ivider nor any of Snhlivider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Suhhlivider's obligations under this Agreement. 13. 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. its option, make the necessary rPLairs ar .. necessary work and Sutriivider shall pay to City -9- 14. 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. Snhiivider shall give good and adequate warning to the travelling public of each and every dangerous condition existent in aairl movements, 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. 15. 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. 16. Acceptance of the work on behalf of the City shall be made by the City Engineer er upon authorization of the City Council. Such ar-cPptance shall not constitute a waiver of defects by the City. 17. 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„ cai1aes 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: provic9P-i, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. -10- 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 sntrlivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters fran 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 improve.-ients 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 to the improvements by an act of Goa 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. • 18. 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 arrn.Itance 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 Suirlivider. -11- 19. Sale or other disposition of this property will not relieve Snh-3ivider from the obligations set forth herein. 20. 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 comencement of construction or completion of the improvements hereunder may be extended. Any such extension may be granted without notice to Sublivider's Surety and shall in no way affect the validity of this agreement or release the Surety or Sureties on any bona 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 Snhaivider 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. Failure of Subdivider to comply with the terms of this agreement shall constitute consent to the filing by City of notice of violation against all the lots in the Snhiivision. 21. 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 sun as attorney's fees. IN W TNRSS VHF, 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 duly authorized, the day and year first herreinabove written. -12- DAT.D this Tony Pauker day of bee eat r3,E . , .Zoo&}. S•J3JIVIDE2 APPa3V D AS TJ FORA: CITY ATT AN iY CITY OF NATIONAL CITY, a Municipal Corporation of of the State of California atxxxixtomaa mantExamazz Lin Wurbs, Assistant City Managdr (AJTARIAL ACKNOWLEDGMENT OF EXEQTPICN Off' OrDIERS MIST BE ATE) STATE OF CALIFORNIA ss. cDJ.TPY OF SAN DIEGO On this day of , 19 , before me the Undersigned, a Notary Public in and for said County and State, personally appeared and known to me to be the persons whose name are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS whereof, my hand and affixed my notarial seal, the day and year in this certificate first above written. my Commission Expires Notary Public -13- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sa ¢ s t%'WS� i'45%.. :-aac • 14,0sn S��c�1VV‘. .{7• State of California San Di Ca a County of SS. On DECEr-fdEL .2O.2co4 before me, C"t 4A- E • Vc..Ara 3(E, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") Tort Pav personally appeared C Name(s) of Signer(s) personally known to me f1 proved to me on the basis of satisfactory evidence to be the person(g) whose nameira•) is/Atia subscribed to the within instrument and acknowledged to me that he/ t2/tOity executed the same in his/hyat7their authorized capacity(ipa'), and that by his/t}er/t1:46ir signature(eon the instrument the persor ), or the entity upon behalf of which the person acte.._ xecuted the instrument. WI 'rf'SS my an Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SOCIDl t1 /510 n Ira eme'T HpMeme-vr Document Date: DECemee 1 q-, e200-j- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: t 3 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — E Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONSTRUCTION BOND ESTIMATE G " PRIVATE & PUBLIC IMPROVEMENTS WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL & STORM DRAIN GRADING & EROSION C01ITROL Nem Ouantlty Una Unit Cost Cost Mobilization 1 LS $ 10,000.00 $ 10000 Clear and Grub 1.2 AC $ 2,000.00 $ 2,480 Export 1,500 CY $ 5.00 $ 7,500 Excavation 4,000 CY $ 3.00 $ 12,000 Alluvium Removal & Recompaction 9,000 CY $ 3.00 $ 27,000 Retaining Wall 6,920 SF $ 30.00 $ 207,500 Silt Fence 4,000 LF $ 1.60 $ 6,400 Gravel Bags 1,000 EA $ 1.10 $ 1,100 STORM DRAIN Item TOTAL: $ 274,100 Quantity Una Unit Cost Cost 18' HDPE 232 LF $ 80.00 $ 13,920 TYPE B CURB INLET L-5' 1 EA $ 3,850.00 $ 3,850 TYPE 0 CURB INLET (1 GRATE) 1 EA $ 3,900.00 $ 3,900 APWA 303-2 GRATE INLET (1 GRATE) 1 EA $ 4,200.00 $ 4,200 TYPE A CLEANOUT 2 EA $ 3,980.00 $ 7,960 CONCRETE LUG 1 EA S 1.100.00 $ 1,100 BRICK AND MORTAR BULKHEAD 2 EA $ 900.00 $ 1,800 CDS UNIT 1 EA $ 3,500.00 $ 3,500 TOTAL: $ 36,700 PRIVATE IMPROVEMENTS DRAINAGE Item Quantity Unit Unit Cost Cost 4 PVC Area Drain 6' PVC Area Drain Yard Drain T:Engt121314%esceD8ond Eetimate•12-13-04-MSTRxts 58 LF $ 12.00 $ 696 907 LF $ 12.00 $ 10,884 50 EA S 50.00 $ 2,500 EXHIBIT "A" TOTAL: $ 14,100 Page 1 of 4 EXHIBIT 'A' CONSTRUCTION BOND ESTIMATE GRADING, PRIVATE & PUBLIC IMPROVEMENTS ESTRELLA WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL & STORM DRAIN GRADING & EROSION CONTROL Item Quantity Unit Unit Cost Cost Mobilization 1 LS $ 10,000.00 $ 10,000 Clear and Grub 1.2 AC $ 2,000.00 $ 2,480 Export 1,500 CY $ 5.00 $ 7,500 Excavation 4,000 CY $ 3.00 $ 12,000 Alluvium Removal & Recompaction 9,000 CY $ 3.00 $ 27,000 Retaining Wall 6,920 SF $ 30.00 $ 207,600 Silt Fence 4,000 LF $ 1.60 $ 6,400 Gravel Bags 1,000 EA $ 1.10 $ 1,100 STORM DRAIN Item TOTAL: $ 274,100 Quantity Unit Unit Cost Cost 18" HDPE 232 LF $ 60.00 $ 13,920 TYPE B CURB INLET L=5' 1 EA $ 3,850.00 $ 3,850 TYPE G CURB INLET (1 GRATE) 1 EA $ 3,900.00 $ 3,900 APWA 303-2 GRATE INLET (1 GRATE) 1 EA $ 4,200.00 $ 4,200 TYPE A CLEANOUT 2 EA $ 3,980.00 $ 7,960 CONCRETE LUG 1 EA $ 1,100.00 $ 1,100 BRICK AND MORTAR BULKHEAD 2 EA $ 900.00 $ 1,800 CDS UNIT 1 EA $ 3,500.00 $ 3,500 TOTAL: $ 36,700 PRIVATE IMPROVEMENTS DRAINAGE Item Quantity Unit Unit Cost Cost 4" PVC Area Drain 6" PVC Area Drain Yard Drain 58 LF $ 12.00 $ 696 907 LF $ 12.00 $ 10,884 50 EA $ 50.00 $ 2,500 TOTAL: $ 14,100 T: Engr\2614\excet\Bond Estimate-12-13.04-MSTR.xls Page 1 of 4 SEWER Item Quantity Unit Unit Cost Cost 8" PVC Sewer 299 LF $ 65.00 $ 19,435 4' Sewer Manholes 1 EA $ 2,200.00 $ 2,200 Sewer Main Cleanout 2 EA $ 1,060.00 $ 2,120 4" Sewer Laterals 156 LF $ 20.00 $ 3,120 WATER Item TOTAL: $ 26,900 Quantity Unit Unit Cost Cost 4" PVC Water 340 LF $ 38.00 $ 12,920 8" Fire Line 315 LF $ 58.00 $ 18,270 Fire Hydrants 2 EA $ 3,500.00 $ 7,000 Thrust Blocks 7 EA $ 350.00 $ 2,450 4" Gate Valve 3 EA $ 550.00 $ 1,650 Backflow Device 3 EA $ 1,200.00 $ 3,600 End Cap 3 EA $ 350.00 $ 1,050 2 1/2" Water Service 10 LF $ 26.00 $ 260 2" Water Service 34 LF $ 18.00 $ 612 SURFACE IMPROVEMENTS Item TOTAL: $ 47,800 Quantity Unit Unit Cost Cost 2" AC over 6" ABC 20,151 SF $ 1.85 $ 37,279 Subgrade 20,151 SF $ 0.40 $ 8,060 6" Type "G" Curb 1,136 LF $ 13.80 $ 15,677 6" Roll Curb per Detail 72 LF $ 14.50 $ 1,044 P.C.C. Sidewalk (4" Depth) 2,124 SF $ 4.00 $ 8,496 Cross -Gutter 933 SF $ 6.25 $ 5,831 Street Light 2 EA $ 4,200.00 $ 8,400 Saw cut 66 LF $ 3.00 $ 198 AC Pavement Removal 1,422 SF $ 1.25 $ 1,778 Curb & Gutter Removal 66 LF $ 3.00 $ 198 TOTAL: $ 87,000 T:Engr\2614\excel\Bond Estimate-12-13-04-MSTR.xIs Page 2 of 4 PUBLIC IMPROVEMENTS SEWER Item Quantity Unit Unit Cost Cost 10" PVC Sewer 281 LF $ 75.00 $ 21,075 5' Sewer Manholes 5 EA $ 3,250.00 $ 16,250 Connect to Existing Main 1 LS $ 3,200.00 $ 3,200 4" Sewer Service 20 LF $ 20.00 $ 400 TOTAL: $ 40,900 WATER Item Quantity Unit Unit Cost Cost 1-1/2" Irrigation Service w/ 1" Meter 1 EA $ 2,782.00 $ 2,782 2-2" Water Service w/ 2-2" Meter, manifold 1 EA $ 4,561.00 $ 4,561 6" PVC Water 0 LF $ 50.00 $ 3/4" Water Service w/ 5/8" Meter 1 EA $ 2,839.00 $ 2,839 8" Fire Service w/D.D.C. 1 EA $ 4,000.00 $ 4,000 8" Valve 1 EA $ 1,800.00 $ 1,800 8"x 6" Tapping Sleeve 1 EA $ 3,200.00 $ 3,200 TOTAL: $ 19,200 SURFACE IMPROVEMENTS Item Quantity Unit Unit Cost Cost 2" AC over 6" ABC Pavement 245 SF $ 1.85 $ 453 Subgrade Preparation 245 SF $ 0.40 $ 98 6" Type "G" Curb & Gutter 69 LF $ 14.50 $ 1,001 P.C.C. Sidewalk (4" Depth) 345 SF $ 4.00 $ 1,380 Cross -Gutter 275 SF $ 6.25 $ 1,719 Curb Ramp per detail 1 EA $ 1,150.00 $ 1,150 Sawcut 262 LF $ 3.00 $ 786 Trench Resurfacing 171 LF $ 23.00 $ 3,933 AC Pavement Removal 660 SF $ 1.25 $ 825 Curb & Gutter Removal 91 LF $ 3.00 $ 273 Sidewalk Removal 455 SF $ 1.25 $ 569 TOTAL: $ 12,200 T:Engr\2614\excet\Bond Estimate-12-13-04-MSTR.xIs Page 3 of 4 CONSTRUCTION BOND ESTIMATE GRADING, PRIVATE & PUBLIC IMPROVEMENTS ESTRELLA WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL & STORM DRAIN Grading & Erosion Control $ 274,100 Storm Drain $ 36,700 Subtotal $ 310,800 PRIVATE IMPROVEMENTS Drainage $ 14,100 Sewer $ 26,900 Water $ 47,800 Surface Improvements $ 87,000 Subtotal $ 175,800 PUBLIC IMPROVEMENTS Sewer Water Surface Improvements Subtotal Grading, Private & Public Subtotal 10% Contingency TOTAL BOND $ 40,900 19,200 12,200 $ 72,300 $ 558,900 $ 55,890 614,790 T: Engr\2474\excel\Bond Estimate-12-13-04-MSTR.xls Page 4 of 4 Exhibit "B" File: 2783.00 December 22, 2004 CITY OF NATIONAL CITY Engineering and Public Works Department 1243 National City Blvd. National City, CA 91950 SUBJECT: Estrella Walk In compliance with Section 66496 of the Subdivision Map Act requiring the Subdivider to furnish to the City a security guaranteeing payment of cost of setting final monuments, I hereby estimate the cost for setting the final monuments on the subject subdivision to be $5,000.00 Sincerely, f2- 22 Peter C. Golding LS 4768 Expiration Date 3/31/06 TAMapping\2783\ MON BOND COST EST. LTR.doc PAYMENT BOND NAME OF DEVELOPER: Olson 737 - National City 3, LLC DATE OF AGREEMENT: December 14, 2004 TITLE OF AGREEMENT: — _ NAME OF DEVELOPMENT: Estrella Walk NAME OF SURETY: Developers Surety and Indemnity Company ADDRESS: 425 W. Broadway, Suite 105, Glendale, CA 91204 AMOUNT OF BOND: $307,395.00 BOND NUMBER: 838731S EFFECTIVE DATE: December 17, 2004 PREMIUM: Included in charge for Performance Bond WHEREAS, the City of National City, State of California, hereinafter referred to as CITY, and the DEVELOPER named on Page 1 hereof, hereinafter referred to as DEVELOPER, have entered into an agreement whereby DEVELOPER agrees to install and complete certain designated public improvements, which said agreement, dated as shown on Page 1 hereof and entitled as shown on Page 1 hereof, for public improvements appurtenant to the Development name on Page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, DEVELOPER is required before entering upon the performance of the work to file a good and sufficient payment bond with the CITY of to secure the claims to which reference is made in Title 15 (commencing with section 3082)) of Pert 4 of Division 3 of the Civil Code of the State of California; NOW, THEREFORE, we, DEVELOPER and the undersigned as 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 $307,395.00- , for materials furnished or labor thereon of any kind, or for amounts due under the unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. If suit is brought on this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the city in successfully enforcing the obligation, to be awarded and fixed by the Court, to be taxed as costs, and to be included in the judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change; extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the agreement shall in any manner affect its obligations on this bond. The Surety. 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 December 17 , 2004 BY: OLSON 737 - NATIONAL CITY 3, LLC DEVELOPER APPROVED AS TO FORM: GEORGE H. EISER, III DEVELOPERS SURETY AND INDEMNITY COMPANY SURETY SURETY Ash' y K. Ward, Attorney -in -Fact (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE ATTACHED) 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5Pn E o SS. On DECract2E.e. ,20, ' A 4 before me VIC704.4A E. VEms,!4f3%E Date personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public") Tonu b•v1t:E2. VICTORIA E. VENABLE Commission 4 1529474 1 Notary Public - California San Diego County [ My Comm. Expires Nov 25. 20Ce Name(s) of Signer(s) Ar personally known to me i proved to me on the basis of satisfactory evidence to be the person(,' whose name,(.) is/arL subscribed to the within instrument and acknowledged to me that he/sire/ pey executed the same in his/benleir authorized capacity0s), and that by his/J r/tk it signature0 on the instrument the persog4s), or the entity upon behalf of which the person47 acte.,,,_- • -d the instrument SS my han Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document D Title or Type of Document: 14fy►.e,yi Q0ti D Document Date: DE.( A6t-c 60.. ) �� 200 4- Number of Pages: 4p Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 1 Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S G PRINT R Top of thumb here r0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. N. 5907 Reorder Call Tall -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On December 17, 2004 before me, Jeri Apodaca, Notary Public DATE personally appeared Ashley K. Ward NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) ® personally known to me - OR - U proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JERI APODACA Comm. / 1379729 t(( NOTARY PUBLIC- CALIFORNIA v, Orange County My Comm. Expires Oci.12, 2006 WITNESS my hand and official seal. C IGNAA1R�E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY TI IESE PRESENTS. that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each. hereby make, constitute and appoint: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Patricia H. Brebner, Jane Kepner, Nanette Myers, Jeri Apodaca, Leigh McDonough, Ashley K. Ward, Rachelle Rheault, jointly or severally *** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to he done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said Attorneys) -in -Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of them hereby is. authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds. undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations he, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED. FURTI TER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of October, 2003. By: David H. Rhodes, Executive Vice -President By: Walter A. Crowell. Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE c..p. oikP0N4),%may°'. ' F•- 'col Ca: Cr OCT. s- w. 10 c,? a: 0', 1936 JO On October I. 2003, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to he the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the sane in their authorized capacities. and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. Signature WITNESS my hand\and official seal. aJA A0M 1 c CERTIFICATE -ram DIANE J. KAWATA COMM. # 1334746 Notary Public - California ORANGE COUNTY My Comm. Expires JAN. 8, 2006 The undersigned. as Senior Vice -President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF' CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in till force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California. the 17th day of December 2004 By LiD c Wesley W. Cowling enior Vice -President. Underwr I D-1380 (Rev. 10/03 ) GROUP DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Govemment will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, result in any change in coverage under the attached bond. No additional premium has been charged for the terrorism coverage required by the Act. Insco Insurance Services, Inc. Underwriting Manager (or. Developers Surety and Indemnity Company , Indemnity Company of California 17700 Pitch Irvine, CA 92614 (049) 2h3 3300 wWw,lnscndico.cnrn EXHIBIT 'A' CONSTRUCTION BOND ESTIMATE GRADING, PRIVATE & PUBLIC IMPROVEMENTS ESTRELLA WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL. & STORM DRAIN GRADING & EROSION CONTROL Item Quantity Unit Unit Cost Cost Mobilization 1 LS $ 10,000.00 $ 10,000 Clear and Grub 1.2 AC $ 2,000.00 $ 2,480 Export 1,500 CY $ 5.00 $ 7,500 Excavation 4,000 CY $ 3.00 $ 12,000 Alluvium Removal & Recompaction 9,000 CY $ 3.00 $ 27,000 Retaining Wall 6,920 SF $ 30.00 $ 207,600 Silt Fence 4,000 LF $ 1.60 $ 6,400 Gravel Bags 1,000 EA $ 1.10 $ 1,100 STORM DRAIN Item TOTAL: $ 274,100 Quantity Unit Unit Cost Cost 18" HDPE 232 LF $ 60.00 $ 13,920 TYPE B CURB INLET L=5' 1 EA $ 3,850.00 $ 3,850 TYPE G CURB INLET (1 GRATE) 1 EA $ 3,900.00 $ 3,900 APWA 303-2 GRATE INLET (1 GRATE) 1 EA $ 4,200.00 $ 4,200 TYPE A CLEANOUT 2 EA $ 3,980.00 $ 7,960 CONCRETE LUG 1 EA $ 1,100.00 $ 1,100 BRICK AND MORTAR BULKHEAD 2 EA $ 900.00 $ 1,800 CDS UNIT 1 EA $ 3,500.00 $ 3,500 TOTAL: $ 36,700 PRIVATE IMPROVEMENTS DRAINAGE Item Quantity Unit Unit Cost Cost 4" PVC Area Drain 6" PVC Area Drain Yard Drain T:Engr12614\excet\Bond Estimate-12-13-04-MSTR.xls 58 LF $ 12.00 $ 696 907 LF $ 12.00 $ 10,884 50 EA $ 50.00 $ 2,500 TOTAL: $ 14,100 Page 1 of 4 SEWER Item Quantity Unit Unit Cost Cost 8" PVC Sewer 299 LF $ 65.00 $ 19,435 4' Sewer Manholes 1 EA $ 2,200.00 $ 2,200 Sewer Main Cleanout 2 EA $ 1,060.00 $ 2,120 4" Sewer Laterals 156 LF $ 20.00 $ 3,120 WATER Item TOTAL: $ 26,900 Quantity Unit Unit Cost Cost 4" PVC Water 340 LF $ 38.00 $ 12,920 8" Fire Line 315 LF $ 58.00 $ 18,270 Fire Hydrants 2 EA $ 3,500.00 $ 7,000 Thrust Blocks 7 EA $ 350.00 $ 2,450 4" Gate Valve 3 EA $ 550.00 $ 1,650 Backflow Device 3 EA $ 1,200.00 $ 3,600 End Cap 3 EA $ 350.00 $ 1,050 2 1/2" Water Service 10 LF $ 26.00 $ 260 2" Water Service 34 LF $ 18.00 $ 612 SURFACE IMPROVEMENTS Item TOTAL: $ 47,800 Quantity Unit Unit Cost Cost 2" AC over 6" ABC 20,151 SF $ 1.85 $ 37,279 Subgrade 20,151 SF $ 0.40 $ 8,060 6" Type "G" Curb 1,136 LF $ 13.80 $ 15,677 6" Roll Curb per Detail 72 LF $ 14.50 $ 1,044 P.C.C. Sidewalk (4" Depth) 2,124 SF $ 4.00 $ 8,496 Cross -Gutter 933 SF $ 6.25 $ 5,831 Street Light 2 EA $ 4,200.00 $ 8,400 Saw cut 66 LF $ 3.00 $ 198 AC Pavement Removal 1,422 SF $ 1.25 $ 1,778 Curb & Gutter Removal 66 LF $ 3.00 $ 198 T:Eng62614\excelBond Estimate-12-13-04-MSTR.xls TOTAL: $ 87,000 Page 2 of 4 PUBLIC IMPROVEMENTS SEWER Item Quantity Unit Unit Cost Cost 10" PVC Sewer 281 LF $ 75.00 $ 21,075 5' Sewer Manholes 5 EA $ 3,250.00 $ 16,250 Connect to Existing Main 1 LS $ 3,200.00 $ 3,200 4" Sewer Service 20 LF $ 20.00 $ 400 TOTAL: $ 40,900 WATER Item Quantity Unit Unit Cost Cost 1-1/2" Irrigation Service w/ 1" Meter 1 EA $ 2,782.00 $ 2,782 2-2" Water Service w/ 2-2" Meter, manifold 1 EA $ 4,561.00 $ 4,561 6" PVC Water 0 LF $ 50.00 $ - 3/4" Water Service w/ 5/8" Meter 1 EA $ 2,839.00 $ 2,839 8" Fire Service w/D.D.C. 1 EA $ 4,000.00 $ 4,000 8" Valve 1 EA $ 1,800.00 $ 1,800 8"x 6" Tapping Sleeve 1 EA $ 3,200.00 $ 3,200 TOTAL: $ 19,200 SURFACE IMPROVEMENTS Item Quantity Unit Unit Cost Cost 2" AC over 6" ABC Pavement 245 SF $ 1.85 $ 453 Subgrade Preparation 245 SF $ 0.40 $ 98 6" Type "G" Curb & Gutter 69 LF $ 14.50 $ 1,001 P.C.C. Sidewalk (4" Depth) 345 SF $ 4.00 $ 1,380 Cross -Gutter 275 SF $ 6.25 $ 1,719 Curb Ramp per detail 1 EA $ 1,150.00 $ 1,150 Sawcut 262 LF $ 3.00 $ 786 Trench Resurfacing 171 LF $ 23.00 $ 3,933 AC Pavement Removal 660 SF $ 1.25 $ 825 Curb & Gutter Removal 91 LF $ 3.00 $ 273 Sidewalk Removal 455 SF $ 1.25 $ 569 T:Engr12614\excel Bond Estimate-12-13-04-MSTR.xls TOTAL: $ 12,200 Page 3 of 4 CONSTRUCTION BOND ESTIMATE GRADING, PRIVATE & PUBLIC IMPROVEMENTS ESTRELLA WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL & STORM DRAIN Grading & Erosion Control $ 274,100 Storm Drain $ 36,700 Subtotal $ 310,800 PRIVATE IMPROVEMENTS Drainage $ 14,100 Sewer $ 26,900 Water $ 47,800 Surface Improvements $ 87,000 Subtotal $ 175,800 PUBLIC IMPROVEMENTS Sewer Water Surface Improvements Subtotal Grading, Private & Public Subtotal 10% Contingency TOTAL BOND T:Engr\2474\excel\Bond Estimate-12-13-04-MSTAxIs 40,900 19,200 12,200 $ 72,300 558,900 55,890 $ 614,790 Page 4 of 4 DEC-22-2004 15:15 P.02 .5_,ILEDIVTSION ?4 ON. 1`41 BOND NAME OF DEVELOPER: Olson 737 — National City, 3, LLC DATe OF AGREEMENT: December 14, 2004 NAME OF DEVELOPMENT: Estrella Walk NAME OF SURETY: Developers Surety and Indemnity Company AMOUNT OF BOND: $5 ,000.00 BOND NO.: 838732S pREMfUVI: $100.00 for 2 year term EFFECTIVE DATE: December 17, 2004 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 monwnentation, which said agreement, dated as shown on Page l hereof, for public improvements and subdivision manumentatiott appurtenant to the development named on page i 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 acid sufficient bond guaranteeing payment of the cost of setting the monumonts; NOW, THFR%FO'RE, WE, the DEVELOPER and the Surety named on Page I 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 Stoics, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, execrators and administrators, jointly and sevoratty, firmly by these prestrxts_ TOTAL P.02 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 rnonumentation, and presents evidence of such payment and receipt thereof to the City Engineer, together with a request that this bond be released, then this obligation shall cease and be void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomey'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 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 an 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 DEVELOPER and The Surety above named on December 17 , 2004 BY: OL737 - NATIONAL CITY 3, LLC DEVELOPER APPROVED AS TO FORM: DEVELOPERS SURETY AND INDEMNITY COMPANY SURETY SURETY Ashlr K. Ward, Attorney -in -Fact GEORGE IT. EISER, III (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE ATTACHED) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C.44- sav GEC,.aC. 4�4/•'X> va : f itx2Atte—s av�a/FAy�Q s"•QNa•C/.F•tVV•c . C� •VV•83/R�.`�•1 State of California County of 64,1 ntl eQ Q On DEezt-mze. oZO awl before me, ✓IC MR.11+ E. VE4/38(4 Date personally appeared VICTORIA E. VENABLE Conwcbaton ft 1529474 1 Notary Pubic - California Son Diego County MyComm.ExpiesNov25 20t)fi Name and Title of Officer (e.g., "Jane Doe, Notary Public") Tonsy PAuwER.. Name(s) of Signer(s) XI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personfr€) whose namef,e) is/ e subscribed to the within instrument and acknowledged to me that he/s)2/they executed the same in his/h,ef/tTr authorized capacity(i26), and that by his/tyzr/their signature(,) on the instrument the person(4), or the -ty ..n behalf of which the person(,e) a. xecutew the instrument. SS my hand Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: £UL3D/ V!SI07.J NO/JU 1&JTAT7O I .t9$iD Document Date: (1)Cc/Ylt'.3, /4 , aoOL Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact E Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S G PRINT R Top of thumb here • 4 ••. • s ,4`,4�✓,4��4�5 .ri6�'.4�.�•..�. �_.4 ✓�.4`.i�_/4�4 r�9v6�6 ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-8004376-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On December 17, 2004 DATE personally appeared Ashley K. Ward before me, Jeri Apodaca, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" • personally known to me - OR - JERI APODACA Comm. f 1379729 (rA^ NOTARY PUBLIC. CALIFORNIA v, Orange County My Comm. Expires Oct.12, 2006 f NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. su►,� dam SIG TUTORE OF N TARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: LIMITED GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY TIIESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make. constitute and appoint: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Patricia H. Brebner, Jane Kepner, Nanette Myers, Jeri Apodaca, Leigh McDonough, Ashley K. Ward, Rachelle Rheault, jointly or severally *** as their true and lawful Attorney(s)-in-Fact, to make. execute. deliver and acknowledge. for and on behalf of said corporations. as sureties. bonds. undertakings and contracts of suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation. and all of the acts ot'said Attorncy(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of then hereby is, authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be, and each of then hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTI IER. that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to he signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October, 2003. By:---�--y..i�— David H. Rhodes. Executive Vice -President By: Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) )SS. On October I. 2003. before me. Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the saute in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE DIANE J. KAWATA COMM. # 1334746 Notary Public - California ORANGE COUNTY My Comm. Expires JAN. 8, 2006 The undersigned. as Senior Vice -President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. By This Certificate is executed in the City of Irvine. California. the 17th day of December , 2004 Wesley W. Cenior Vice -President, Underwri ID-1380 (Rev. 10/03) ima cc+ ca GFROUP DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, result in any change in coverage under the attached bond. No additional premium has been charged for the terrorism coverage required by the Act. Into Insurance Services, Inc. Underwriting Manager for. Developers Surety and Indemnity Company , Indemnity Company of California 17700 Fitch Irvine, CA 92614 (949) 263 3300 w'w'w.in9C0diCo.e0tn Exhibit "B" File: 2783.00 December 22, 2004 CITY OF NATIONAL CITY Engineering and Public Works Department 1243 National City Blvd. National City, CA 91950 SUBJECT: Estrella Walk In compliance with Section 66496 of the Subdivision Map Act requiring the Subdivider to furnish to the City a security guaranteeing payment of cost of setting final monuments, I hereby estimate the cost for setting the final monuments on the subject subdivision to be $5,000.00 Sincerely, i-c) 741,, /2- 22 Peter C. Golding LS 4768 Expiration Date 3/31/06 T:\Mapping\2783\MON BOND COST EST. LTR.doc Subdivisiaris Sure t y FAITHFUL. PERFORMANCE BOND NAME OF DEVELOPER: Olson 737 - National City 3, LLC DATE OF AGREEMENT: December 14, 2004 TITLE OF AGREEMENT: NAME OF DEVELOPMENT: Estrella Walk Developers Surety and Indemnity Company NAME OF SURETY & ADDRESS: 425 W. Broadway, Suite 105, Glendale, CA 91204 AMOUNT OF BOND: $614,790.00 BOND NUMBER: 838731S PREMIUM: $7,377.00 for 2 year term EFFECTIVE DATE: December 17, 2004 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 and private improvements, which said agreement, dated as shown on Page 1 hereof and entitled as shown on Page 1 hereof, for public and private improvements appurtenant to the subdivision named on Page 1 hereof, ishereby 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 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 December 17 1t2004. Page 2 of 3 OLSON 737 - NATIONAL CITY 3, LLC DEVELOPER DEVELOPER APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY DEVELOPERS SURETY AND INDEMNITY COMPANY SURETY 01 shley K. Ward, SURETY Attorney -in -Fact (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE ATTACHED) Page 3 of 3 Folder Misc.-Faithful/Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT svafC-TIC: �d'�Y���C��'cGiwNwCw�a���CT< c�y�t '�*�Ya�t.,•r2 State of California County of Sogi) t JEO On DCCC?mi3E2 .2O 20O4 before me, V l C Zted LL E E. VE144.43(,E Dale -y- Name and Title of Officer (e.g., "Jane Doe, Notary Public") �p personally appeared 1 ?(y I Au.KE . Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personfd) whose name is/ok subscribed to the within instrument and acknowledged to me that he/ IE/they executed the same in his/IOW'/tFir authorized capacity(ie�s'J, and that by his/f)er/ttadir signaturefp'' on the instrument the personkS), or the entity upon behalf of which the person() actes executed the instrument. WI SS my hand I 1-41u.d.., Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document—/�n Title or Type of Document: I1 r ,eL. e,CQQr 1.9.e2GE 8O46 Document Date: bE;tclYlai lsL. 2D054 Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee 1-1 Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here • ri���3��":��.`-�a��''.��.'�.�%'��✓�v'��y,ri5 yG�3��..\O".4\—."._.`�.._."...y�4`��X��'G`a rJ 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder' Call Toll -Free 1-800-876.6827 .Y, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On December 17, 2004 DATE personally appeared Ashley K. Ward before me, Jeri Apodaca, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" • personally known to me - OR - ❑ JERI APODACA Comm. # 1379729 in NOTARY PUBLIC- CALIFORNIA v' Orange County My Comm. Expires Oct.12, 2006 NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL ) SIGNTA RE OFNOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL LI CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 EXHIBIT 'A' CONSTRUCTION BOND ESTIMATE GRADING, PRIVATE & PUBLIC IMPROVEMENTS ESTRELLA WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL & STORM DRAIN GRADING & EROSION CONTROL Item Quantity Unit Unit Cost Cost Mobilization 1 LS $ 10,000.00 $ 10,000 Clear and Grub 1.2 AC $ 2,000.00 $ 2,480 Export 1,500 CY $ 5.00 $ 7,500 Excavation 4,000 CY $ 3.00 $ 12,000 Alluvium Removal & Recompaction 9,000 CY $ 3.00 $ 27,000 Retaining Wall 6,920 SF $ 30.00 $ 207,600 Silt Fence 4,000 LF $ 1.60 $ 6,400 Gravel Bags 1,000 EA $ 1.10 $ 1,100 STORM DRAIN Item TOTAL: $ 274,100 Quantity Unit Unit Cost Cost 18" HDPE TYPE B CURB INLET L=5' TYPE G CURB INLET (1 GRATE) APWA 303-2 GRATE INLET (1 GRATE) TYPE A CLEANOUT CONCRETE LUG BRICK AND MORTAR BULKHEAD CDS UNIT 232 LF $ 60.00 $ 13,920 1 EA $ 3,850.00 $ 3,850 1 EA $ 3,900.00 $ 3,900 1 EA $ 4,200.00 $ 4,200 2 EA $ 3,980.00 $ 7,960 1 EA $ 1,100.00 $ 1,100 2 EA $ 900.00 $ 1,800 1 EA $ 3,500.00 $ 3,500 TOTAL: $ 36,700 PRIVATE IMPROVEMENTS DRAINAGE Item Quantity Unit Unit Cost Cost 4" PVC Area Drain 6" PVC Area Drain Yard Drain T:Engr\2614\excel\Bond Estimate-12-13-04-MSTR.xIs 58 LF $ 12.00 $ 696 907 LF $ 12.00 $ 10,884 50 EA $ 50.00 $ 2,500 TOTAL: $ 14,100 Page 1 of 4 SEWER Item Quantity Unit Unit Cost Cost 8" PVC Sewer 4' Sewer Manholes Sewer Main Cleanout 4" Sewer Laterals WATER Item 299 LF $ 65.00 $ 19,435 1 EA $ 2,200.00 $ 2,200 2 EA $ 1,060.00 $ 2,120 156 LF $ 20.00 $ 3,120 TOTAL: $ 26,900 Quantity Unit Unit Cost Cost 4" PVC Water 340 LF $ 38.00 $ 12,920 8" Fire Line 315 LF $ 58.00 $ 18,270 Fire Hydrants 2 EA $ 3,500.00 $ 7,000 Thrust Blocks 7 EA $ 350.00 $ 2,450 4" Gate Valve 3 EA $ 550.00 $ 1,650 Backflow Device 3 EA $ 1,200.00 $ 3,600 End Cap 3 EA $ 350.00 $ 1,050 2 1/2" Water Service 10 LF $ 26.00 $ 260 2" Water Service 34 LF $ 18.00 $ 612 SURFACE IMPROVEMENTS Item TOTAL: $ 47,800 Quantity Unit Unit Cost Cost 2" AC over 6" ABC 20,151 SF $ 1.85 $ 37,279 Subgrade 20,151 SF $ 0.40 $ 8,060 6" Type "G" Curb 1,136 LF $ 13.80 6" Roll Curb per Detail $ 15,677 72 LF $ 14.50 $ 1,044 P.C.C. Sidewalk (4" Depth) 2,124 SF $ 4.00 $ 8,496 Cross -Gutter 933 SF $ 6.25 Street Light $ 5,831 2 EA $ 4,200.00 $ 8,400 Saw cut 66 LF $ 3.00 $ AC Pavement Removal 198 1,422 SF $ 1.25 $ 1,778 Curb & Gutter Removal 66 LF $ 3.00 $ 198 T:Engr\2614\excel\Bond Estimate-12-13-04-MSTR.x,s TOTAL: $ 87,000 Page 2 of 4 PUBLIC IMPROVEMENTS SEWER Item Quantity Unit Unit Cost Cost 10" PVC Sewer 281 LF $ 75.00 $ 21,075 5' Sewer Manholes 5 EA $ 3,250.00 $ 16,250 Connect to Existing Main 1 LS $ 3,200.00 $ 3,200 4" Sewer Service 20 LF $ 20.00 $ 400 TOTAL: $ 40,900 WATER Item Quantity Unit Unit Cost Cost 1-1/2" Irrigation Service w/ 1" Meter 1 EA $ 2,782.00 $ 2,782 2-2" Water Service w/ 2-2" Meter, manifold 1 EA $ 4,561.00 $ 4,561 6" PVC Water 0 LF $ 50.00 $ 3/4" Water Service w/ 5/8" Meter 1 EA $ 2,839.00 $ 2,839 8" Fire Service w/D.D.C. 1 EA $ 4,000.00 $ 4,000 8" Valve 1 EA $ 1,800.00 $ 1,800 8"x 6" Tapping Sleeve 1 EA $ 3,200.00 $ 3,200 TOTAL: $ 19,200 SURFACE IMPROVEMENTS Item Quantity Unit Unit Cost Cost 2" AC over 6" ABC Pavement 245 SF $ 1.85 $ 453 Subgrade Preparation 245 SF $ 0.40 $ 6" Type "G" Curb & Gutter 98 69 LF $ 14.50 $ 1,001 P.C.C. Sidewalk (4" Depth) 345 SF $ 4.00 $ 1,380 Cross -Gutter 275 SF $ 6.25 $ 1,719 Curb Ramp per detail 1 EA $ 1,150.00 $ Sawcut 1,150 262 LF $ 3.00 $ 786 Trench Resurfacing 171 LF $ 23.00 $ 3,933 AC Pavement Removal 660 SF $ 1.25 $ 825 Curb & Gutter Removal 91 LF $ 3.00 $ Sidewalk Removal 569 455 SF $ 1.25 $ 569 T:Engr\2614\exceRBond Estimate-12-13-04-MSTR.xrs TOTAL: $ 12,200 Page 3 of 4 CONSTRUCTION BOND ESTIMATE GRADING, PRIVATE & PUBLIC IMPROVEMENTS ESTRELLA WALK - NATIONAL CITY, CA December 13, 2004 GRADING, EROSION CONTROL & STORM DRAIN Grading & Erosion Control $ 274,100 Storm Drain $ 36,700 Subtotal $ 310,800 PRIVATE IMPROVEMENTS Drainage $ 14,100 Sewer $ 26,900 Water $ 47,800 Surface Improvements $ 87,000 Subtotal $ 175,800 PUBLIC IMPROVEMENTS Sewer Water Surface Improvements Subtotal Grading, Private & Public Subtotal 10% Contingency TOTAL BOND T: Engr\2474\excel\Bond Estimate-12-13-04-MSTR.xls 40,900 19.200 12,200 $ 72,300 558,900 55,890 $ 614,790 Page 4 of 4