HomeMy WebLinkAbout2006 CON T Avenue - Bond Subdivision Improvement AgreementRECORDING REQUESTED BY
CITY OF NATIONAL CITY
AND WHEN RECORDED MAIL DEED TO AND
UNLES =OTHERWISE SHOWN BELOW, MAIL
" AX STATEMENTS TO:
Name: City of National City
Address: 1243 National City Boulevard
City of State: National City, CA 91950
Attn: Adam Landa
CID# 2006-0518079
111113 III11 111111 I II 11 IIII 11111
111
JUN 21 „ 2005 9:06 AM
OFFI:ALHEI;OFDS
COUNTY RECORDER'S OFFICE
GREGOF`TTA. SMITH, COUNTY FECORDER
FEES: 147.01i
RAGES: 47
111111111111111111111111111
III
IIIIIII
IIIII IIIII IIIII IIIII llil iIII
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
DOCUMENT TITLE
SEPARATE PAGE — PURSUANT TO GOVERNMENT CODE 27361.6
III
SUBDIVISION S MPROVEMENT AGREEMENT
DATE OF AGREEMENT: /1A-1 12 / U 'J
NAME OF SUBDIVIDER: Rillrloe/�,// tqM2 &ie.. J� -7/NV 40790
ADDRESS OF SUBDIVIDER: 9c P /4 f'/ c , 4 V / e/ /147 yw 2/ ( , /1 % f/95 -
NAME OF SUBDIVISION:
CITY COUNCIL/PLANNING COMMISSION RESOLUTION OF APPROVAL NO.: Y-073
��jjrr��z (�ADOPTED:').eC g/
IMPROVEMENT DRAWING NO.: "I Z- 7 _ Q THR J .012 4 3 - P
ESTIMATED TOTAL COST OF IMPROVEMENTS: (OFF -SITE AND ON -SITE):, 3g g fo q(p,OO
ESTIMATED TOTAL COST OF MONUMENTATION.: $ ,J,5'ad-Q0
ESTIMATED TOTAL COST OF LANDSCAPING AND IRRIGATION:
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: l 7O`pJ45.
NAME OF SURETY AND BOND/LETTER OF CREDIT NUMBERS:Z,4,,, ia4e,,,pr.R/14/(ar'wcc
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 parcel
map is approved by the City Council or the City Engineer, Subdivider must
have complied with the requirements of said resolution and must have
entered into an agreement with the City, secured by an approved
improvement security to insure the performance of the work and payment to
the contractor and to all persons furnishing labor, materials and
equipment, pursuant to the requirements of the Code, agreeing at its own
expense to install and complete, free of liens, all of the public
improvements, land development and landscaping and irrigation work required
in the subdivision within a definite period of time prescribed by the
Council or City Engineer; and
WHEREAS, Subdivider, in consideration of the approval and recordation
of this map by the Council or the City Engineer, desires to enter into this
agreement wherein it is provided that the Subdivider will install and
complete at its own expense, all of the improvement work required in
connection with the proposed subdivision and will deliver to the City an
improvement security as approved by the City Attorney; and
WHEREAS, complete plans and specifications for the construction,
installation and completion of all of the improvement work have been
prepared and approved by the City Engineer; as shown on the drawings listed
on Page 1 hereof which have been filed in the office of the City Engineer
and are incorporated by reference herein and made a part hereof; and
WHEREAS, it is necessary that certain monuments and stakes as specified
on the final map shall be installed within thirty days after completion of
the required improvements and their acceptance by the City, and that street
signs be placed at intersections, as required by the Code; and
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
-3-
IMPROVEMENT DEADLINE DATE
Including East Half of Street
Export
Curb & Gutter
Cutoff Wall
Driveway
A/C 3" on 6" Base .CTB
Water Main
Valves and Tees
New Sewer Laterals
New Water Services
Remove Water Services
A/C Overlay
Sidewalk
Street Lights
Fire Hydrant
Relocate Gas Main (1 —1/2" HP)
Repair /Replace Existing Driveways
Area Drain
D-27 Sidewalk Underdrain
Swale (ABM/Concrete)
Sound Wall
Retaining Wall
Erosion Control/BMPs
Monumentation
Rip Rap Dissipator
AL:jha
Subv.
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c. Furnish the necessary materials therefor, in conformity with
the plans and specifications on file in the office of the
City Engineer.
d. Notify City Engineer in writing at least fifteen days prior
to the commencement of the work hereunder. No construction
shall begin until approved authorization has been obtained
and the official Preconstruction conference has been held.
e. Complete the improvements listed in 1.(b) above, under this
contract on or before the time limits stated hereof.
f. Install all monuments required by law within thirty days
after the completion and acceptance of the improvements by
the City Engineer.
g. Install temporary street name signs if permanent street name
signs have not been installed.
2. All utilities shall be underground as per National City Municipal
Code Section 17.07.032 and SDG&E approval. Cable for TV shall be provided.
3. Subdivider agrees to install and maintain landscaping and
irrigation as per City approved plans ( 4; sheets) dated S(J0(C)S. 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
Ste- ATTAcqc>250041),
amount of 50% of the total estimated cost of the work.
k). 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 constructed or
installed on land not owned by Subdivider, no construction or installation
shall be commenced prior to the dedication and acceptance by the City of
the appropriate easements.
5. The City Engineer or his duly authorized representative, upon
request of the Subdivider, shall inspect at Subdivider's expense, the
improvements herein agreed to be constructed and installed by Subdivider,
and if determined to be in accordance with applicable City standards and
the terms of this agreement, shall recommend the acceptance of such
improvements by the City. Subdivider shall at all times maintain proper
facilities, and provide safe access for inspection by City, to all parts of
the work, and to the shops wherein the work is in preparation.
6. Subdivider shall furnish to the City good and sufficient security
on forms approved by the City, in the amount of 100% of the estimated cost
of said improvements as stated on Page 1, hereof, to assure faithful
performance of this agreement in regard to said improvements; and in the
additional amount of 50% of said amount for securing payment to contractor,
his subcontractors and persons renting equipment or furnishing labor or
materials to them for the improvements required to be constructed or
installed hereby. Ten percent (10%) of the amount of the faithful
performance bond shall continue in effect to guarantee or warranty the work
done pursuant to this agreement for a period of one year following
acceptance thereof by the City against any defective work or labor done or
defective materials furnished. Subdivider shall furnish to the City such
security in the amount of 100% of the estimated cost of setting subdivision
monuments as stated on Page 1, hereof and as required by this agreement.
The securities required by this agreement shall be filed with the City
Clerk or the Director of Finance Department, and when so filed, shall be
incorporated by reference herein.
-5-
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--
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-
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-
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-
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 (ri day of 4fr"y/ am
Subdivider
APPROVED AS TO FORM:
VED AS TO FORM
CITY ATT
ggOt\TE9i ty 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-
aZdOS—
On this �5.' ' day of # L- , -14 , before me the
Undersigned, a Notary Public in and for said County and State, personally
appeared \T{/ / Cs 'Y LAAIP 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.
Folder 5/Sub improvement Agreement
tiff -a , Q/
My Commission Expires
Notary Public
-13-
ACKNOWLEDGMENT
State of CALL /f0AAI ,q
County of .fM -D/FG d
}SS.
On ARIL /t , -z1 , before me 4SZPIRO iy , /tf4 L G 1,R /
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
y C�eVEth
ARTURO M. MALLARI
Commission # 1478939
Notary Public - California
San Diego County
MVConm• Expires Mar 26. 2008
Place Notary Seal Above
Name(e of Signer Oil
[ rsonally known to me
[ ] 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
Signatyfe of Notary Public
5
Exhibit A
SEE ATTACHMENT
COST ESTIMATE FOR
PUBLIC IMPROVEMENTS, GRADING & MONUMENTATION
"T" AVENUE
CASE FILE NO. S-2004-8/2-2004-6
For: Jay Cleveland
"T" AVENUE
National City, CA
Job No.: 6497 BY: James H. Algert Checked By: JHA
Date 1/18/05
No.
ITEM
QUANTITY
. UNIT
UNIT
ITEM
, . PUBLIC , .
- ; , - : • •
PRICE . •
PRICE. •
1..•
Including East Half of Street
1300
•CY
9.50
$ • 12,350
2.
Export
1300
CY
8.00
$ 10,400
3.
Curb & Gutter
424
LF
14.50
$ 6,148
4.
Cutoff Wall
2
EA
950.00
$ 1,900
5.
Driveway
840
SF
5.00
$ 4,200
6.
NC 3" on 6" Base CTB
7200
SF
2.25
$ 16,200
7.
Water Main
650
LF
58.00
$ 37,700
8.
Valves and Tees
2
EA
1800.00
$ 3,600
9.
New Sewer Laterals
8
EA
600.00
$ 4,800
10.
New Water Services
8
EA
2389.00
$ 19,112
11.
Remove Water Services
3
EA
1000.00
$ 3,000
12.
NC Overlay
4700
SF
0.90
$ 4,230
13.
Sidewalk
2480
SF
4.00
$ 9,920
14.
Street Lights
2
EA
2800.00
$ 5,600
15.
Fire Hydrant
1
EA
4000.00
$ 4,000
16.
Relocate Gas Main (1 1/2" HP)
200
LF
40.00
$ 8,000
17
Repair/Replace Existing Driveways
1600
SF
5.00
$ 8,000
18
Area Drain
1
EA
200.00
$ 200
19
D-27 Sidewalk Underdrain
2
EA
325.00
$ 650
20
Swale (ABM/Concrete)
850
SF
4.00
$ 3,400
21
Sound Wall
4460
SF
20.00
$ 89,200
22
Retaining Wall
3200
SF
30.00
$ 96,000
23
Erosion Control/BMPs
1
LS
2400.00
$ 2,400
24
Monumentation
1
LS
2200.00
$ 2,200
25
r
Rip Rap Dissipator
1
TON
150.00
$ 150
_4'0 'q
TOTAL ESTIMATE
$ 353,360
�� / Cr'� `�
With 10% Contingency
$ 35,336
4.
ATOTAL
AMOUNT
$ 388,696
No, C 19073
cc
` En. s-3n- i
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PAYMENT BOND
NAME OF DEVELOPER: Baldock Holding, Inc. & Diaz Development, LLC
DATE OF AGREEMENT:
TITLE OF AGREEMENT:
NAME OF DEVELOPMENT: T Avenue
NAME OF SURETY:
Lincoln General Insurance Company
ADDRESS: 701 B Street, Suite 2100 San Diego, CA 92101
AMOUNT OF BOND: $388,696.00
BOND NUMBER: 661113134
EFFECTIVE DATE:
PREMIUM: Included in Performance Bond
4/14/2005
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
1
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 $388,696.00 , for
materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that Surety will pay the same in an amount not
exceeding the amount set forth. If suit is brought on this bond,
Surety will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the city in successfully enforcing the
obligation, to be awarded and fixed by the Court, to be taxed as
costs, and to be included in the judgment rendered.
It is hereby expressly stipulated and agreed that this
bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Title
15 (commencing with section 3082) of Part 4 of Division 3 of the
Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then
this obligation shall become null and void; otherwise, it shall
be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the
agreement or the specifications accompanying the agreement shall
in any manner affect its obligations on this bond. The Surety
2
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 April 14th
2005
Baldock Holding, Inc. & Diaz Development, LLC Lincoln General Insurance Company
DEVELOPER SURETY
P ELOPER
APPROVED AS TO FORM:
GEORGE H. EISER, III
City Attorney
TY
Gloria S. Russell, Attorney -in -Fact
OVED AS TO FORM
Rudolf Hra-aecky ---
Sr. Asst. City Attorney
(Notarial acknowledgement of execution by DEVELOPER and SURETY
must be attached.)
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 4/14/05
before me, Allison J. Fernandez
personally appeared Gloria S. Russell
® personally known to me -OR- ❑
I
1
Auu J. FERNANDEZ I
C M. #1565765
NOTARY PUBUC.CAUFORNA
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.
TL
ature of Notary
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
❑ PARTNER(S) ❑ LIMITED
®ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Lincoln General Insurance Company
tii
The Commonwealth of Pennsylvania
York County
On this 4th day of September, 2002, before me 4.on111l ca ie C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the Corp&MinektoillAd in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and
deed.
hojwani, Presid
t
these presents to
Notarial Seal
The Commonwealth of Pennsylvania Catherine Mane Loose, Notary
York County Spnngettsbury Twp., York C
My Commission Expires June 1
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Gloria S. Russell
its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpora
be signed by its duly authorized officers this 4th day Orptemi% 2002.
INSiIp����i,
Attest: � „QORATES ''.'1
z 1977 toff
OJ •
'1/1VSYLN Nt. a
Notary Publi
I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
14th day of April , 2005
•
,�ORAPE� .• • . , Secretary
y27,
�: i9T7�� /pn�^
ti'.e,. —
Bond No. 661113134
TERRORISM RIDER
NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Act"), will be
partially reimbursed by the United States under a formula
established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond is
$0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
SU 0009 12 02
FAITHFUL PERFORMANCE BOND
NAME OF DEVELOPER:
DATE OF AGREEMENT:
NT:
TITLE OF ACC':
NAME. OF DEVECOPMIT:
Baldock Holding, Inc. & Diaz Development, LLC
T Avenue
NAME OF SURETY: Lincoln General Insurance Company
AMOUNT OF BOND: $388,696.00
BOND NCO: 661113134 EFFECTIVE DATE: 4/14/2005.
PREMIUM: $8,774.00
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 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 an
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, 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 truly keep and
perform the covenants, conditions and provisions in the said agreement and
any alteration thereof made as therein provided, on his/her or their part, to
be kept and performed at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and shall indemnity
and save harmless the CITY, its officers, agents and employees, as therein
stipulated, then this obligation shall became null and void; otherwise, it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the CITY
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgement rendered.
The SURETY hereby stipulates and agrees that no change, extension of
time, 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 does 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 April 14th , 19 2005
Page 2 of 3
Baldock Holding, Inc. & Diaz Development, LLC
APPROVED AS TO
G�'Ea H EISI R, III
CITY ATIIY
Lincoln General Insurance Company
Gloria S. Russell, 'Attorney -in -
Fact
APP1"iOVED S TO FORM
Rudolf radecky
Sr. Asst. City Attorney
(NOTARIAL ACKNOVILEDGMENT OF ExEcuTioN BY DEVELOPER AND SURETY MUST BE
ATTACHED)
Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 4/14/05
before me, Allison J. Fernandez
personally appeared Gloria S. Russell
® personally known to me -OR-
❑
J.
�#1
NOTARYPUBLIC-CAIJFOANIA
ARCH 31, 2009
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.
�18
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
O CORPORATE OFMCER
❑ PARTNER(S)
®ATTORNEY -IN -FACT
❑ TRUSTEE(S)
O GUARDIAN/CONSERVATOR
OTHER:
0 LIMITED
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Lincoln General Insurance Company
•
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Gloria S. Russell
its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4d' day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpora to be ixed • these presents to
be signed by its duly authorized officers this 4th day` �eptomberJ 2002. ��� ,r;
�2.P�. INgV ���1�
Attest: ��?; o�QORATES �'����L�
Gary J. ' do , Se tary O — Ch
C9 �� S' •4 On hojwani, Presid=
=z 1977o
o *II'
0, \ 41SY0tk .. as
On this 4th day of September, 2002, before me" onallj�'cam� C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the Corplhaigplfiloceilk in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and
deed.
The Commonwealth of Pennsylvania
York County
Notarial Seal
The Commonwealth of Pennsylvania Catherine Mario Loose, Notary
York County Spnngettsbury Twp., York C
My Commission Expires June t
Notary Publi
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
14th day of April 22 05 �,,illPirrrfj
, .1. i°-l$P 9494.
`���� ORATES 'S' J. e ' d ' , Secretary
Exhibit B
SEE ATTACHMENT
BOND ESTIMATE FOR
MONUMENTATION
"T" AVENUE
CASE FILE NO. S-2004-8/2-2004-6
For: Jay Cleveland
"T" AVENUE
National City, CA
Job No.: 6497 BY: James H. Algert Checked By: JHA
Date 4/14/05
No.
ITEM
QUANTITY
UNIT
UNIT .
ITEM
PUBLIC
PRICE
PRICE
1
Monumentation
1
LS
2500.00
$ 2,500.00
�Qt,UFESSo0
44,
/4.
1 (( No. C1907a
E. 9-30-0
1*)
eP nm C
TOTAL ESTIMATE
$ 2,500.00
TOTAL AMOUNT
$ 2,500.00
SUBDIVISION MONUMENTATION BOND
NAME OF DEVELOPER: Baldock Holding, Inc. & Diaz Development, LLC
DATE OF AGREEMENT:
NAME OF DEVELOPMENT: T Avenue
NAME OF SURETY: Lincoln General Insurance Company
AMOUNT OF BOND: $ 2 , 500.00
BOND NO.: 661113186
PREMIUM: $100.00
EFFECTIVE DATE: 4 / 14 / 2005
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 monumentation, 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 far'
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 judge nt rendered.
The SURETY hereby stipulates and agrees that no change, extension of
time, alteration or adr1i tion 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 scifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
DEVELOPER05
and SURETY above na' i, on April 14th ,MN •
.Lincoln General Insurance Company
'ria
SURETY
S. Russell, ttorney-in-Fact
APPROVED AS TO FORM:
GEORGE H. EISER, III, CITY ATIOPNEY
Baldock Holding, Inc. & Diaz Development, LLC
APPRO - ED S.TO FORM
Rudolf radecky
Sr. Asst. City Attorney
(NOTARIAL ACKNCATLEDGMIENT OF EXECUTION BY DEVELOPER AND SURETY MIST BE
ATTACHED)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 4/14/05 before me, Allison J. Fernandez
personally appeared Gloria S. Russell
® personally known to me -OR- 0
AMJ. FERNANDEZ I
. #1505785
NOTARY PUBLIC-CALIFORMA
NAa, 2000 t"
MARCH
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.
4-Yof Notary 1/1k\82
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
D INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) El LIMITED
®ATTORNEY -IN -FACT
❑ TRUSTEF(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Lincoln General Insurance Company
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Gloria S. Russell
its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4s' day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpora to be • ed
be signed by its duly authorized officers this 4th day Ooplumbirfil 2002.
Attest: �� 01ORATEs �y�
O
Z G 1977 0
O— °F -- t.
0'•. ' 4/SYLVAa rya
On this 4th day of September, 2002, before meona110.4C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the CorpCorp&StivapiNiganAd in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and
deed.
Gary J.
The Commonwealth of Pennsylvania
York County
Notarial Seal
The Commonwealth of Pennsylvania Catherine Marie Loose, Notary
York County Spnngettsbury Twp., York C •
My Commission Expires June 1
4K9
Notary Pubh
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
14th day of April , 2005 .
-Ntily �r�������
i . U.
QQORATF Secreta
ry
=Z: 1977 G_
•
s hojwani, Presid=
t
these presents to
FAX 1
751 0
'C. Box3709, York PA. 174024136
Bond No. 661113186
TERRORISM RIDER
NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Act"), will be
partially reimbursed by the United States under a formula
established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond is
$0.00.
COVERAGE LIMITATIONS
Payment for a Toss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
SU 0009 12 02
FAITHFUL PERFORMANCE BOND
(LANDSCAPING AND IRRIGATION)
Subdivisions
NAME OF DEVELOPER: Baldock Holding, Inc. and Diaz Development, LLC
DATE OF AGREEMENT:
TITLE OF AGREEMENT:
(Surety)
F .. rrt4 FA) (, f e n.l <:/2 ,a.,n►c eE C62, 1- 44-e St...46P1 xt e,
NAME OF DEVELOPMENT: T Avenue
701 B Street, Ste.2100
NAME OF SURETY & ADDRESS: Lincoln General Insurance Company San Diego, CA 92101
AMOUNT OF BOND:
BOND NUMBER:
$8,000.00
661113458
PREMIUM: $240.00
EFFECTIVE DATE: 5/12/2005
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
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
end 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
May 12th
Page 2 of 3
2005VX
Baldock Holding, Inc. and Diaz Development, LLC Lincoln General Insurance Company
DEVELOPER
APPROVED AS TO FORM:
APPROVFATO FORM
GEORGf!"A".'•fio Hr deC
CITY ATTORNE t. City Attorney
SURETY
SURETY
, Attorney n-Fact
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST HE
ATTACHED)
Page 3 of 3
Folder Misc.-Faithful/Landscaping
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On �J12(p5
before me, Allison J. Fernandez
personally appeared Gloria S. Russell
® personally known to me -OR- ❑
proved t_ _- n the b sis cf uati faotef e.i? ,nce to be the persons)
whose names) is/afe 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/heif 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.
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
❑ PARTNER(S)
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
❑ LIMITED
❑ GENERAL
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Lincoln General Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
P-revynoihc.L Edna - ('l= tit 3 5 '
Title or Type of Document
Number of Pages
/(7IQ5
Dof Document
Signer(s) other than named above
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Gloria S. Russell
its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4e day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorneys) -in -Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpora - - : to be + a ed these presents to
be signed by its duly authorized officers this 4th day` m�2002. /0..-
‘%INS(' p�i4 7... A..
Attest: �Z G�QORArFs �e� � � L��
Nn hojwani, Presid t
gZ 1977 o=
i�JJ' tNHSYLVP��; aa�1
On this 4th day of September, 2002, before mi onall4came r C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the Corppjgpgad in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and
deed.
The Commonwealth of Pennsylvania
York County
Notarial Seal
The Commonwealth of Pennsylvania Catherine Mane Loose, Notary
York County Spnngettsbury Twp., York C
My Commission Expires June 1
•
Notary Publi
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
12th day of May , 2005 `\`pAdltutiSU
rd
apt;, •,
0RAFEs�'� J. a d. Secretary
:0=
Bond No. 661113458
TERRORISM RIDER
NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Act"), will be
partially reimbursed by the United States under a formula
established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond is
$0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
SU 0009 12 02
Subdivisions
(Surety)
Bond No. 661113458
Premium Included in Performance Bond
PAYNSM V'T 1sQ1 w
(LANDSCAPING -IRRIGATION )
NAME OF DEVELOPER: Diaz Development, LLC and Baldock Holding, Inc.
DATE OF AGRE . MENT:
TITLE OF AGREEMENT:
/11/9( /.2. f_ , dc3,1
PA�merv/ /®ici
NAME OF DEVELOPMENT : T Avenue
NAME OF SURETY: Lincoln General Insurance Company
DRESS:
701 B Street, Ste. 2100 San Diego, CA 92101
AMOUNT OF BON
BOND NUMBER:
PREMIUM:
$8,000.00
661113458
WHEREAS,
EFFECTIVE DATE:
Included in Performance Bond
5/12/2005
City of National City, State of Californ
hereinafter re errec to as CITY, and the DEVELOP _R 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/irrigaticn improvements, which said agreement, dated as shown
on Page 1 hereof, for landscaping/irrigation improvements appurtenant tc
the development named 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 National City to secure the claims
to which reference is made in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California;
-1-
NOW, THERE1TORE, we the DEVELOPER and the undersigned as corporate
Surety, are held and firmly bound unto the City and all contractors,
subcontractors, laborers, material men, and other persons employed in the
perform ce of the agreement and referred to in Title 15 of the Civil Code
in the sum of $8,000.00 , for materials furnished or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work labor, that Surety will pay the same in 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 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 stipulate.d 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 remain in
full force and effect.
-2-
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 bona. The Surety hereby waives notice of any such
change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by
DEVELOPS and the Surety above named on May 12th
Diaz Development, LLC and
Baldock Holding, Inc.
EVELOPER
DEVELOPER
APPROVED AS TO
GEORGE H. EIS
CITY ATTORNEY
2005
Lincoln General Insurance Company
Gloria S. Russell
Attorney -in -Fact
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY DEVELOPER AND SURETY MUST SE
ATTACHED).
Folder 5-Payment Bond/Surety
-3-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 5/ l3 / 0 3 before me, Allison J. Fernandez
personally appeared Gloria S. Russell
personally known to me -OR- ❑
p ` '. FERNIDEZ
NOTARY�CAUFORI/A
p4mai
MARCH 31,
ion
-
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 signatures) on the
instrument the persons), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUS I'Eh(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
▪ LIMITED
❑ GENERAL
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Lincoln General Insurance Company
DESCRIPTION DOCUMENT
tl r of Document
LtC' (" 34 5g
3
Number of Pages
ji!o3
Datof Document
Signer(s) other than named above
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Gloria S. Russell
its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpo to be : i ixed these presents to
be signed by its duly authorized officers this 4th dayniy 2002.
IIIIIII.AIW-'- ..,11.111r
Attest: r���!!.•' 0 TE /��'
t ifl1'{7.i. tin Can 4er.. G�`(` s •••�t �_•—��
Q 4 _ " hojwani, Presides t
�•
'• 1977 p0
04 NHSYLNN :;aa -47
On this 4th day of September, 2002, before and onallyCcamel C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the Corp/A*1%410 34d in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and
deed.
The Commonwealth of Pennsylvania
York County
The Commonwealth of Pennsylvania Notarial Seal
Catherine Mane Loose, Notary
York County Springesbury Twp., York
My Commission Expires June 1
Notary Publ
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
12th day of May 2005
��‘ .1,,t it r:31.rift, ,
�1.�� : q ORA:re J 6IS. J. a 'd.. , Secretary
.. •
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r e
0 • "IVSYt`10- .:b
Bond No. 661113458
TERRORISM RIDER
NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Act"), will be
partially reimbursed by the United States under a formula
established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond is
$0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
SU 0009 12 02