HomeMy WebLinkAbout2006 CON Bonita Creek - Bond Subdivision Improvement AgreementDOC i 2OQ4 O533412
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Name
Street
Address
RECORDING REQUESTED BY
Commonwealth Land Title Company
AND WHEN RECORDED MAIL
TO
City of National City
1243 National City Boulevard.
Public Works
National City, CA
City, state Attn: Adam
Zip
Order No. 10032306
APNNo: Si0.3%O'O 7 Nit 12
a
0164
JUN 08 a 2004 10 _ 5i 5 A ti
OFFICIAL CORDS
SAN DIEM COUNTY RECORDER'S OFFICE
GRRE&IRY J. SMITH, CONY RECORDER
FEES: 174.00
'Jill"
Jill IIII IoNI II III I;III I IIIMI IIII Hn111111111111N
S-10— 'Nuw.. 2v
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
SUBDIVISION IMPROVEMENT AGREEMENT
DOCUMENT TITLE
SEPARATE PAGE - PURSUANT TO GOVERNMENT CODE 27361.6
Y
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF, 2 G.RE SENT: 1 / /ZO p
MC OF SUBDIVIDER: Q. 1° h i 1-Le
NAME OF SUBDIVISION: ( -tr 1'TV\
RE OF APPROVAL NO.: 2-47o3 AD PITD: c7
IMPR MX4 P DRAWING NO.: 8741-D
EBTI4ATED TOTAL COST OF IMPROVEMENTS: $2.495.207.00
ESTIMATED TOTAL COST OF MDNC>MENTATION.: $6,000.00
2063
TIME LIMIT FOR COMPLETION OF IMP , • '. : Refer to Page 3, Section lb.
9165
SURETY AND BOND Na. American Contractors Indemnity Company #211370
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, Snhlivider has presented to City for approval and recordation,
a final snhlivision 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 c'tdc, relating to
the Filing, approval and recordation of subdivision maps; and
WHEREAS, a Tentative Map of the Snhlivision 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
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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 must have either installed and completed all of the public
improvements and land development work required by the Cbde 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 `jRecorder 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 development work required in the subdivision within a
definite period of time prescribed by the Council; and
WHEREAS, SnhHvider, in consideration of the approval and recordation
of this map 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 moments 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
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WHEREAS, an estimate of the cost of constructing the public 016 hr
improvements and necessary land development work in connection therewith
accordin.7 to said plans Land 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
WEMMEAS, an estimate of the cost .f -the installation of all monuments ments
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 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 nap
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 Enjineer, all of the public improvement and land
development work required in and adjoining the subdivision as
follows:
DIFROV 4EiT!'
Sewer
Water
On -site street
Drainage system
Landscape/Irrigation
DEADLINE DATE
august 2004
September 2004
October 2004
August 2004
November 2004
t�-3vsacc�
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9 gg.
c. Furnish the necessary materials therefor, in conformity with
the plans anti specifications on file - in the office of the
City Engineer
d. Notify City Engineer in writing at least fifteen days prior
to the conceit of the work hereunder. No construction
shall in " until aPprov6
b� � ec1 aut'�orization has been obtained
and the official Preconstruction conference has been held.
e. Caaplete the imivovenents listed in 1.(b) above, under this
contract on or before the time limits stated hereof.
f. Install all mnents required by law within thirty days
after the completion and arnPptance of the improvements is by
the City Engineer.
g. Install temporary street name signs if permanent street name
signs have not been installed.
2. If any of the public improvement and land development work
contemplated by this agreement is to be constructed or installed on land
not owned by Sonrlivider, no construction or installation shall be commenced
prior to the iaication and acceptance by the City of the appropriate
easements.
3. The City Enginccr or his duly authorized representative, upon
rest of the Subdivider, shall inspect at Subbdivider's expense, the
improvements herein agreed to be constructed and installed by Snhaivider,
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. Snh1ivider 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.
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169
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
additional amount of 50% of said amount for securing payment to contractor,
• {' .. q .ice .ems ...
his subcontractors Iyd" persons renting- equipment oar' furnish.i aP� r 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 and when so filed, shall be incorporated by reference herein.
5. Any changes, alterations or ada+tions 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 amitions 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,
completed partial releas s thereof as allowed by this agreement:
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minus any
_
91.70
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 released upon the final completion and
ar„ lit .. f'. t e actN r work, subject to they }signs =of
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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
Suedivider; 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
rele sP 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.
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c. Security given to secure payment to the contractor, his 9171
subcontractors . and to persons furnishing 1 abnr, 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 boc�+J�lus an amaint
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 releas'i 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 bean destroyed or damaged, and Subdivi;a�r shall replace or have
replaced, repaired, or have repaired, as the case may be; or pay to the
owner, the entire cost of replacement or repairs of any and all property
damaged or destroyed by reason of any work done hereunder, whether such
property be owned by the United States or any agency thereof, or the State
of California, or any agency or political subdivision thereof, or by the
City or by any public or private corporation, or by any person whensoever,
or by any combination of such owners. Any cash repair or replacement shall
be to the satisfaction, and subject to the approval, of the City Engineer.
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8. Subdivider shall, at Subdivider's expense, obtain all necessary
9Y72
permits and licenses for the construction of such improvements, give allr�
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 completion of the public improvements within the subdivision in
accordance with specifications contained herein.
City may take over the work and prosecute the same to completion,
by contract or by any other method the City may deem advisable, all costs
shall be at the expense of Subdivider, and the Subdivider's Surety shall be
liable to the City for any excess cost or damages occurred by the City;
and, in such event, the City, without liability for so doing, may take
possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on
the site of the work and necessary therefor.
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.
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11. Subdivider shall guarantee or warranty the work done pursuant to
this agreement for a period of one year after final acceptance of said work 7 .
against any defective work or 1ih-r 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 S divide , . ?r :any- of.-.: the_,•Iork done under this -agreement, tails -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. 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
replacaaent or perform the necessary work and Sumivider shall pay to City
the cost of such repairs
12. Neither Snhiivider nor any of Subdivider's agents or contractors
are or shall be considered to be agents of City in connection with the
performance of Suhilvider's obligations under this Agreement.
13. Nothing contained in this agreement shall preclude City fran
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 NUnicipal Code providing therefor, nor
shall anything herein stated commit City to any such apportionment.
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14. Until such time as all improvements required by this agreement are 9
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 gco1 and adequate warning to the travelling public of
each and every dangerous condition existent in said improvements, and will
krgtect such defective .or rou loonditia .
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.
15. 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.
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 S>ivider, its agents or employees in the performance of
this agreement. SOlaivider further agrees to protect and hold harmless the
City, its officials and employees from any and all claims, demands„ cams
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 re uirea to cover the provisions
of this paragraph.
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a
917
Said indemnification and agreement to hold harmless shall extend
injuries to persons and damages or taking of property resulting from the
design or construction of said subdivision and the public improvements as
provided herein, to adjacent property owners as a consequence of the
diversion of,LWstera . frau -.the._ :design, construction =-. atena - -of _
drainage systems, streets and other improveents. 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 im rovenent- 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 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.
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 amvtance of same, nor shall sail 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.
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19. Sale or other disposition of this property will not relieve
9/ 7w6
Subdivider fran the obligations set forth herein.
20. Time is of the essence of this agree ant. Subdivider shall
commence substantial construction of the improvements required by this
agreement "not later than nine months prior to the time for arnpletion.
Provided that in the event good cause exists as determined by the City
Engineer, the time for cannencenent of construction or cletian 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 Sngineer
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
determinei by the City rEngineer.
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 Subdivision.
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 wrimss WHEREOF, the City has cane 'd 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.
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9:
DAM- this 'Zfr day of 30(--y 2-003,
CITY CV NATIC AL CITY, a
Municipal Corporation of
of the State of California
APP I D AS TO Fa t4:
CITYGslEY
(,]OTARIAL AthEritiED241EINV C' EXECJPICN OF MESS MUST BE ATlACBED)
STF1T% OF CALIFORNIA
) ss.
COUNTY OF SAN DID
On this 1-1'' day of r f%Gy , firms, before me the
Undersigned, a Notary Public in and for said County and State, personally
gay, etv. Vise/7 and know: to me to be the
persons whose name are subscribed to the within instrument, and
acknowledged tome that they executed the same.
WITNESS whereof, my hand and affixed my notarial seal, the day
and year in this certificate first above written.
;.. �"WWWPI
^
NOTARY PUBUC-CALIFORNIA
m - SAN DIEGO court
MY COMM. EXPIRES APR 11, 2006
4.7 74,�
ply Commission Expires
Notar Public
77
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LandAmerica
Commonwealth
9178
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION
27361.7
PLACE OF EXECUTION: San Diego, California
I certify under penalty of perjury that this material is a true copy of the original material
contained in this document
June 7, 2004
Date Si ature of Declarant
Betty Harper
9179
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER:
NAME OF SUBDIVISION:
RESOLUTION OF APPROVAL NO.: ADOPTED:
IMPROVEMENT DRAWING NO.:
ESTIMATED TOTAL COST OF IMPROVEMENTS:
ESTIMATED TOTAL COST OF MONUMENTATION:
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS:
SURETY AND BOND NO.:
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 of a proposed subdivision as stated on Page 1 hereof pursuant to
provisions of the Subdivision Map Act of the State of California, an 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
9180
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 must 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 development 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 map 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 an w ill 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 fmal
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
necessary land development work in connection therewith according to said plans and
9181
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 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 and land development work required in and
adjoining the subdivision as follows:
IMPROVEMENT DEADLINE DATE
W•5-2
lu4,-rsg-
DN-Sl S'Tp6b"r Ocr.,
4-On1D �Gp�+6 A46.07 )4°)
1.1 od,
9182
c. Furnish the necessary materials therefore, in conformity with the plans and
specification 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 obtain and the official Preconstruction
conference as 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. If any of the public improvement and land development 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.
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 Subdivider, and if determined to be
in accordance with 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.
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 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 .
•
983
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 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 completed partial
releases thereof as allowed by this agreement.
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
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 therefore 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
9184
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.
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 therefore filed and of which notice has
been given to the legislative body plus an amount reasonably determined
by the City of 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 andobligations 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 has been settled.
7. Subdivider shall replace, or have replaced, or repair, or have repaired, as the
cast may be, all pipes and monuments shown on the map which have been
destroyed or damaged, and Subdivider shall replace or have replaced,
repaired, or have repaired, as the case may be; or pay to the owner, the entire
cost of replacement or repairs of any and all property damaged or destroyed
by reason of any work done hereunder, whether such property be owned by
the United States or any agency thereof, or the State of California, or any
agency or political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or by any combination of
such owners. Any cash repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
8. Subdivider shall, at Subdivider's expense, obtain all necessary permits and
licenses for the construction of such improvements, give all necessary notices
and pay all fees and taxes required by law.
9185
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
completion of the public improvements within the subdivision in accordance
with specifications contained herein.
City may take over the work and prosecute the same to completion, by
contract or by any other method the City may deem advisable, all costs shall
be at the expense of Subdivider, and the Subdivider's Surety shall be liable to
the City for any excess cost or damages occurred by the City; and, in such
event, the City, without liability for so doing, may take possession of, and
utilize in completing the work, such materials, appliances, plant or other
property belonging to Subdivider as may be on the site of the work and
necessary therefore.
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.
11. Subdivided shall guarantee or warranty the work done pursuant to this
agreement for a period of one year after final acceptance of said work against
any defective work or labor done or defective materials furnished. If within
said period any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Subdivider or any of
the work done under this agreement, fails to fulfill any of the requirements of
this agreement or the plans and specifications referred to herein, Subdivider
shall without delay and without any cost to City, repair or replace any
defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act promptly or in accordance with this requirement,
9188'(
19. Sale or other disposition of this property will not relieve Subdivider 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
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.
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 Subdivision.
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 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 had caused this agreement to be executed,
as duly authorized, the day and year first hereinabove written.
DATED this day of , 2004.
i�8'14
CITY OF NATIONAL CITY, a
Municipal Corporation, of
The State of California
BY:
SUBDIVIDER CHRIS ZAPATA
City Manager
SUBDIVIDER SURETY
APPROVED AS TO FORM:
GEORGE H. EISER, III
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION OF OWNER MUST BE ATTACHED)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this day of , 2004, 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 and 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
FAITHFUL PERFORMANCE BOND
NAME OF DEVE[,Orr.1t: CH Bonita, LLC
9189
DATE OF Ate: July 21, 2003
TITLE OF AGREEMENT: Subdivision Improvement Agreement
NAME OF DEVEUPM 2'T: Bonita Creek
NAME OF SURETY: American Contractors Indemnity Company
At+l um OF BZ03: $2,495,207.00
BOND NUMBER: 211370 EFFECTIVE DATE: April 13, 2004
PREMIUM:
$49,904.00/2 Year Term
WHEREAS, the City of National City, State of California, hereinafter
referred to as City, and the Deve1heAr named on Page 1 hereof, hereinafter
referred to as DEVELOPER, have entered into an agreement whereby DEVELOPER
agrees to install and c►plete certain designated public improvements, which
said agreement, dated as shown on Page 1 hereof and entitled as shown on Page
1 hereof, for public improvements appurtenant to the Development named on
Page 1 hereof, is hereby referred to and made a part hereof; and
WHEREAS, said DEVELOPER is required under the terms of said agreement
to furnish a band 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
9190
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 refits 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 obi igation 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 atk1ition to the terms of the agreement or the work to be
performed thereunder or the specifications aco mrpanying 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 *Ps 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 13
Page 2 of 3
2004
CH Bonita, LLC
By:
Concordia Communities, LLC
DEVEUDPat Its: Sole Member
O{.R�andolph Hall
APPROVED AS SM ger
H. GEORISER, III
CITY ATTORNEY
9191
Amer Contractors Indemnit Company
Patric' androck, Attorney -in -Fact
SURE.3'Y
(NOTA
AR )ACIMILECGMENT OF EXECUTION BY DEVIIAPER AND SURELY MUST BE
AT
Page 3 of 3
9192
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
)ss
County of San Diego
On April 21, 2004 before me, Cathlynn E. Aguirre, personally appeared O.
Randolph Hall, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Cathlynn E. Aguirre
Commission #1295566 <
Notary Public - California (�
San Diego County a -
My Commission 26, 2005
Signature of Nota Public
OPTIONAL
Description of Documents: Faithful Performance Bond
Document Date: April 13, 2004
Signer(s) Other Than Named Above: American Contractors Indemnity Company
City Attorney (City of National City)
Signer is Representing: CH Bonita, LLC
Concordia Communities, LLC
9193
STATE OF CaCifornia
Orange } SS.
g
COUNTY OF
On April13, 2004 before me, Natalie Caicedo
PERSONALLY APPEARED Patricia J.Sandrock
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged 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 . y` n an). Offici s: al.
Signature
This area for Official Notarial Seal
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) ❑ LIMITED
❑ GENERAL
XXXI ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
.American Contractors Indemnity Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-OR7 Rev.(,/91
ALL-PURPOSE ACKNOWLEDGEMENT
9194
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
13-2645
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Keith E. Sandrock Sr., Patricia J. Sandrock or Natalie Caicedo
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ ***3,000 000.00***Dollars . This Power of Attorney shall expire without further action on
September 27, 2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 28th day of February, 2003.
AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Robert F. Thomas, Chief Executive Officer
On this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive
Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
rtil.Lve ct.
6797
Norma J. Virgilio, Nota
NORMA J. VIRGILIO
Commission * 1322310 z
Notary Public - California
�I ^� Los Angeles County
MyCorrm. Eapiles Sep 27, 2005
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 13THday of April , 200 4 .
Bond No.211370/Faithful Performance Bond
Agency No.
#2204
- 3e/y4avvt
JAMES H. FERGUSONK orporate Secretary
rev. POA04/20/01
EXHIBIT "A"
9195
Precise Grading,• Bonita Creek
Engineer REC Consultants Inc.
SDRSD
•SEWER
ITEM
3/17/2004I
QUANTITY
UNIT I UNIT PRICE I COST
6.. PVC _ 5000 __ _. LF
6" Lateral 120' EA
Manholes,Std. Depth 42, EA
Clean Out. Std. Depth 20 EA
Other (Speei(y)
WATER
8" PVC with Fittings CL 150
8"Tees _...._.__.
8" Gate Valve and Thrust Blocks
6" PVC
6" Tee w/ Valves
2" Service Valve Thrust Block w/o meter
1"Air Vacuum Release Assem
/2" Blow Off Assembly
6" Fire Hydrant Assembly_
Bldg Service
'Other (Specify)
2,200.00 $
800.00 $
65,00 $ 325,000
7 450.00 $ 174000
92,400
16,000
$ 607,400
2500 LF 58.00 $ 145,000
5 LS 850.00 $ 4250
10 EA 1800.00..i 18,000
260 EA
50.00 $ 13,000
1 EA r 1500.00 $ 1500
25 EA 2 780.00 $ 69 500
6 EA 1 250.00 $ 7 500
6 EA 865.00 $ 5,190 _
7 EA 3,500.00 $ 245001
20 EA 600.00 $ 72,000
I
$ 360,440
ON -SITE STREET IMP. •
3" AC on 8" Class II (R-15) 130000 SF 2.50 $ 325 000
Subgrade Preparation 130000 SF 1.30 I $ 169,000
Curb & Gutter w/ base L— 4000 LF58,000
14.50 $
laid/ 800t._.__LF I-__ 8.20 $ 680
- Sidewalk 4" thick PCC w/ base } 100001_ SF ___ L _.. 4_00 _,$-__40,000
Gutter/Cross Gutter 6" thick PCC 6000 SF 6.25 $ _.. 37,500
SlreetName Signs _ _ 41 EA 200.00 „.$ _ 800
Regulatory Signs EA 200.00 $ 3,000
On site Striping _ _ 1, LS 10 00000 $ 10,000
Stop Sign 10; EA _ 300.00 $ 3,000
Other (Specify), $ 652,660
DRAINAGE SYSTEM
18" RCP
24" RCP
30" RCP
Catch basin.
B-1 Inlet
0-35 Headwalls
Rip -Rep
Other (SpecJy).. _.
•MISCELLANEOUS
Landsca 9�/Im ag tion
Other (Specify)
1900 LF 90.00 $ 171,000
590 LF 110.00 $ 64,900
180 LF 130.00 ; $ _ 23,400
20, FA 3,900.00 ; $ 78,000
'10 EA 3 675 00 $ , 36,750
13 FA 3,740.00 $ 48,620
300 _ _ CY _ 150.0 ,_$ 45,000
l ... 467.670
90000 S.F. 2; $ 180,00D
t 1
Subdivision Improvement Bond
1. Sewer
2. Water
3. On -site street improvements
4. Drainage System
5. Miscellaneous
5 607,400
$ 360.440
$ 652,860
$ 467 670
$ 180,000
Subtotal $ 2,268,370
Contingencies 10° 226,837
TOTAL 2,495,207
n0FlO\MC NORTHIIMP1FnarsTinal Bona t5l111,ale313192,1"
•
•
EXHIBIT "B"
9196
11722 Sorrento Valley Road, Suite F • San Diego, CA 92121-1021
(8581 792-5550 FAX (858/ 792-5576
March 19, 2004
City of National City
Attn: Stephen Kirkpatrick
Acting Director of Engineering/Public Works
1243 National City Boulevard
National City, CA. 91950
Re: Monumentation Bond Estimate
Bonita Creek
City of National City TM No. S-2003-2
Dear Mr. Kirkpatrick:
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 of the subject subdivision to be
$ 6,000.00.
Sincerely,
yele*) 72"--r
Scott Fitch, LS 5284
President
SFF/
Southland Surveying, Inc.
F:\WORDOCS\Forms - Mapping-Procedures\Subdivision Maps Cert of Correction Bond Release\Monumentation Bond
Estimates and Releases\1442 City of National City Monumentation Bond Estimate.doc
•
Page 1 of 1
EXHIBIT "A"
BOND E:l l!V: rE FOP IHPROVEMEMs FOP
CM OF OflI0NAL
9197
Precise Grading_ Bonita Creek
Engineer REC Consultants Inc.
SDRSD
ITEM
3/17/2004
QUANTITY
UNIT
UNIT PRICE
COST
SEWER
8" PVC
6" Lateral
Manholes StdDepth-
Clean Out, Std. Depth
Other (-S-PeclrY)
WATER
Other
ON -SITE STREET IMP.
Other
5000 LF 65.00:A 325,000.
120 EA 1,450.00 $ 174,000
4 EA 2,200.00 5 92,400
20 EA 800.00 $ 16,000
... $ 607,400..
8" PVC with Fitgngs CL 150 2500 LF 58.00 $ 145,000
8" Tees 5' LS 850.00 $ 4 250
8" Gate Valve and Thrust Blocks 10 EA 1 800.00 $ 18 000
6" PVC 260 EA 50.00 $ 13,000
6" Tee w/Valves 1 EA 1,500.00 $ 1500_ __..
2" Service Valve Thrust Block w/o meter 25 EA 2,780.00 $ 89,500 t _,
1" Air Vacuum Release Assent 6 EA 1,250.00 $ 7 500
2" Blow Off Assembly 6 EA 865.00 $ 5,190
6" Fire Hydrant Assembly 7 EA 3.500.00 $ 24 500
Bldl Service 120 EA 600.00
S•eci
$ 72,000
$ 360
-f
3" AC on 8" Class II R-15 130000 SF 2.50 $ 325 000 __
Sub•rade Preparation 130000 SF 1.30 $ 169 000
Curb S Gutter w/ base 4000 LF 14.50 $ 58 000
Ir11Irb _ 800 LF 8.20 $ 6560
Sidewalk 4" thick PCC w/ base 10000 SF 4.00 $ 40 000
Gutter/Cross Gutter 6" thick PCC 6000 SF 6.25 $ 37,500
Street NameSigns 4 EA 200.00 .$ 800
Regulatory Sgns 15 EA 200.00 $ 3,000
Onsife SkiWing___ 1 LS -_... -__ 10000.00 $ 10,000
_. _y.
Stop Sgn-...._ 10 . EA 30000 $ 3,000
_ _
(Specify) ..... .. _ _ __ _
$. 652,860
DRAINAGE SYSTEM
18" RCP 1900 LF 90.00 $ 171,000
,24" RCP _.. 590 LF 110,00. $ 64,900
30" RCP _ ___,__ 180 LF 130.00 $ 23,400
Catch baslo. ___ 20 EA 3,900.00 $ 78,000. i
.JB-1 Inlet + 10 EA 3875.00 $ J6750'
D-35 Headwalls _, 13, EA 3740.00 $ 48,820
Rip Rag 300 CV 150.00 $ 45,000
Other (_Specityl $ 467,670
, _.
MISCELLANEOUS l
Landscape/Irrigation 90000 S.F. 2$ 180,000
180,00
Other
,(Syecif
Subdivision Improvement Bond
1. Sewer $ 607,400
2. Water $ 360,440
3. On -site street improvements $ 652,860
4. Drainage System $ 467,670
5. Miscellaneous $ 180,000
Subtotal $ 2,268,370
Contingencies 104 226,837
TOTAL 2,495,207
P ACADIMC NORTHV MPH,, OF,nal Pond Esl,mate52 319 2004
4/21,034
1,
•
EXHIBIT "B"
9198
11722 Sorrento Valley Road, Suite F • San Diego, CA 92121-1021
(858) 792-5550 FAX (858) 792-5576
March 19, 2004
City of National City
Attn: Stephen Kirkpatrick
Acting Director of Engineering/Public Works
1243 National City Boulevard
National City, CA. 91950
Re: Monumentation Bond Estimate
Bonita Creek
City of National City TM No. S-2003-2
Dear Mr. Kirkpatrick:
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 of the subject subdivision to be
$ 6,000.00.
Sincerely,
,,f7/7/
Scott Fitch, LS 5284
President
SFF/
Southland Surveying, Inc.
F:\WORDOCS\Forms - Mapping-Procedures\Subdivision Maps Cert of Correction Bond Release\Monumentation Bond
Estimates and Releases\1442 City of National City Monumentation Bond Estimate.doc
Page.1 of 1
•
•
9199
SUBDIVISION MONUHENTATION BOND
NAME OF DEVELOPER: CH Bonita, LLC
DATE OF AGREEMENT:,_ July., 21', 2003
NAME OF DEVELOPMENT: Bonita Creek
NAME OF SURETY:
AMOUNT OF BOND:
BOND NO,:
PREMIUM:
American Contractors Indemnity Company
$6,000.00
211371
EFFECTIVE DATE: April 13, 2004e'
$300.00/2 Year Term
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.
SURETY
Patricia J. Sandrock, Attorney -In -Fact
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 monuntentation, 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 attorney's fees, incurred by the CITY in successful enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The SURETY hereby 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 April 13 , 200 4
ie n Contractors de ity Compatay CH Bonita, LLC
By: Concordia Communities, LLC
Its: Sole Member
SURETY DEVELOPER
APPRO/�sTO 171!
nti
GEORGE H. EISEf , III; CITY ATTORNEY
0. Randolph Hall
Its: Manager
9200
(NOTARIAL ACKNOWLEDGEMRNT OP EXECUTION RV DEVELOPER AND SURETY
MUST BE ATTACHED)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
)ss
County of San Diego
9201
On April 21, 2004 before me, Cathlynn E. Aguirre, personally appeared O.
Randolph Hall, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
Cathlynn E. Aguirre
Commission #1295566 <
Notary Public - California 0)
San Diego County
My Commission Exp. March 26, 2025
a
WITNESS my hand and official seal.
Signature of Notary : ublic
OPTIONAL
Description of Documents: Subdivision Monumentation Bond
Document Date: April 13, 2004
Signer(s) Other Than Named Above: American Contractors Indemnity Company
Signer is Representing: CH Bonita, LLC
Concordia Communities, LLC
9202
STATE OF California
COUNTY OF Orange
} SS.
On
Aprt[J3, 2004 before me, Natalie Caicedo
PERSONALLY APPEARED Patricia J. Sandrock
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged 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. C
WITNESS r yjj,: .tan offici -al.
Signature
OPTIONAL
This arra for Official Notarial
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) ❑ LIMITED
❑ GENERAL
xx® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Contractors Incien .nitlj Company SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94
ALL-PURPOSE ACKNOWLEDGEMENT
Agency No.
AAmerican Contractors Indemnity Company 9203
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
13-2647
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Keith E. Sandrock Sr., Patricia J. Sandrock or Natalie Caicedo
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ ***3,000,000.00***Dollars . This Power of Attorney shall expire without further action on
September 27, 2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 28th day of February, 2003.
AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Robert F. Thomas, Chief Executive Officer
On this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive
Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
( A-2.44,c k �c c�
Norma J. Virgilio, Nota
NORMA J. VIRGILIO
Commission i 1322310
Notary Public - California
�Los Angeles County
Mrcon.n. Sap n. 2ao6
I, JAMES II. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of' Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they arc now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 13THday of April
Bond No. 211371/Subdivision Monumentation Bond
#2204
, 200 4 •
DAMES H. FERGUSON orporate Secretary
rev. P0A04/20/01
NM LandAmerica 9204
Commonwealth
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION
27361.7
PLACE OF EXECUTION: San Diego, California
I certify under penalty of perjury that this material is a true copy of the original material
contained in this document
June 7, 2004
Date Sig z Lure of Declarant
etty Harper
92Q5
SUBDIVISION MONUMENTATION BOND
NAME OF DEVELOPER:
DATE OF AGREEMENT:
NAME OF DEVELOPMENT:
NAME OF SURETY:
AMOUNT OF BOND:
BOND NO.:
PREMIUM:
EFFECTIVE DATE:
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.
9206
IN WITNESS WHEREOF, this instrument has been duly executed by
DEVELOPER and The Surety above named on , 2004.
BY:
DEVELOPER SURETY
DEVELOPER SURETY
APPROVED AS TO FORM:
GEORGE H. EISER, III
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY
MUST BE ATTACHED)
•
9207
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 face amount
specified therefore, there shall be include 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 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 DEVELOPER
and the Surety above named on , 2004
BY:
DEVELOPER SURETY
DEVELOPER SURETY
APPROVED AS TO FORM:
GEORGE H. EISER, III
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE
ATTACHED)
EXHIBIT "B"
9208
11722 Sorrento Valley Road, Suite F • San Diego, CA 92121-1021
(858) 792-5550 FAX (858) 792-5576
March 19, 2004
City of National City
Attn: Stephen Kirkpatrick
Acting Director of Engineering/Public Works
1243 National City Boulevard
National City, CA. 91950
Rea Monumentation Bond Estimate
Bonita Creek
City of National City TM No. S-2003-2
Dear Mr. Kirkpatrick:
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 of the subject subdivision to be
$ 6,000.00.
Sincerely,
/;,71-/ 7,77.
Scott Fitch, LS 5284
President
SFF/
Southland Surveying, Inc.
F,\WORDOCS\Forms - Mapping-Procedures\Subdivision Maps Cart of Correction Bond Release\Monumentation Bond
Estimates and Releases\1442 City of National City Monumentation Bond Estimate.doc
Page 1 of 1
PAYMENT BOND
NAME OF DEVELOPER: CH Bonita, LLC
DATE OF AGREEMENT: July 21, 2003
9209
TITLE OF AGREEMENT: Subdiv gion Improvement dement
NAME OF DEVELOPMENT: Bonita Creek
NAME OF SURETY: American Contractors Indemnity Company
ADDRESS: 9841 Airport Blvd, 9TH Floor, Los Angeles, CA 90045
AMOUNT OF BOND:
BOND NUMBER: 211370 EFFECTIVE DATE: April 13, 2004
$Included In Performance Bond
$1,247,603.50
PREMIUM:
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
9210
corporate Surety, are held and firmly bound unto the City and
all contractors, subcontractors, laborers, materialmen, and other
persons employed in the performance of the agreement and referred
to in Title 15 of the Civil Code in the sum of $ 1,247,603.50 , 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 obligation, on this bond- The Surety
9211
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 13
2004
CH Bonita, LLC
BY: Concordia Communities, LLC
Its- Sole Melpber
DEVELOPER
American Contractors Indemnity Company
URETY Patricia 9Sandrock, Attorney-In-Faci
DEV PE O. Randolph Hall SURETY
Its: Manger
APPROVED AS TO FORM:
GEORGE H. EISER, III
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and SURETY
must be attached.)
4,.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
)ss
County of San Diego
9212
On April 21, 2004 before me, Cathlynn E. Aguirre, personally appeared O.
Randolph Hall, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
Cathlynn E. Aguirre
Commission #1295566 <
Notary Public • California 0)
San Diego County AI
My Commission Exp_March 26, 2005
WITNESS my hand and official seal.
Signatre of Notary Public
OPTIONAL
Description of Documents: Subdivision Monumentation Bond
Document Date: April 13, 2004
Signer(s) Other Than Named Above: American Contractors Indemnity Company
Signer is Representing: CH Bonita, LLC
Concordia Communities, LLC
9213
STATE OF CaCfornia
COUNTY OF Orange
1.SS.
On . kyriC13, 2004 before me, Natalie Caicedo
PERSONALLY APPEARED Patricia J. Sandrock
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged 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. r
WITNES s-•1.
Signatur
OPTIONAL
This area for Official Notarial 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
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
xx® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
.American Contractors Indemnity/ Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94
ALL-PURPOSE ACKNOWLEDGEMENT
A
American Contractors Indemnity Company 9214
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 13-2 6 4 6
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Keith E. Sandrock Sr., Patricia J. Sandrock or Natalie Caicedo
Its true and lawful Attorneys) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ ***3,000,000.00***Dollars This Power of Attorney shall expire without further action on
September 27, 2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 28th day of February, 2003.
AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
Robert F. Thomas, Chief Executive Officer
On this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive
Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
Norma J. Virgilio, Nota
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 13THday of April , 2004 .
Bond No. 211370 /Payment Bond
Agency No. #2204
NORMA J. VIRGILIO
Commission i 1322310 z
Notary Public - California i~
Los Mgeiss County
My Corm. Expires Sep27,2005
JAMES H. FERGUSONVCorporate Secretary
rev. POA04/20/01
EXHIBIT "A"
9215
Precise Grading - Bonita Creek
Engineer REC Consultants Inc.
SDRSD
SEWER
8" PVC
6" Lateral
Manholes, Std. Depth
Clean Out, Std. Depth
Other (Specify)
•WATER
3/17/2004I
ITEM QUANTITY UNIT ! UNIT PRICE COST
8" PVC with Fittings CL 150
,8" Tees
j8" Gate Valve and Thrust Blocks
IB" PVC
i6" Tee w/ Valves
12" Service Valve Thrust Block w/o meter
1" Air Vacuum Release Assam
42" Blow Off Assembly
'6" Fire Hydrant Assembly
Bldg Service
'Other _;(Spfy)
5000, _ LF _.\ 65.00 $
120' EA 1,450.00 ; $
42, EA 2,200.00 $
20 EA 800.00 $
325,000
174,000
92,400
16,000
607,400
2500' LF 58.00 $ 145,000
51_ LS .,_.. _.._ 850.00 $ 4,250
70J EA L 1 800.00 $ 18000
2601 EA 50.00 $ 13,000
1 EA 1500.00 $ 1 500
25 EA 2,780.00 $ 69,500I
6 EA 1,250.00 $ 7500
6 EA 865.0CL $ 5.190
7 EA 3 500,00 $ 24 500± ,
120 EA 600.00 $ 72,000
$ 360,440
j ON -SITE STREET IMP.
• t„3" AC on 8" Class II (R-15)
Suborade Preparation
130000 SF 2.50 $ 325000
130000 SF 1.30 $ 169,000
Curb & Gutter w/ base 4000 LF 14.50 $ 58000
Curb 800 LF + 8.20 1_$ 8560
Sidewalk 4" thick PCC w/ base 10000 SF -F- 4.00 $ 40 000
Gutter/Cross Gutter 6" thick PCC
Street Name Signs
Regulatory Signs
On site Striping
Stop Sign
Other (Specify)
DRAINAGE SYSTEM
18" RCP
24" RCP
30" RCP
I Catch basin.
B 1 Inlet
D-35 Headwalls
,Rip -Rep. _. ..
,Other (Specify)
MISCELLANEOUS
Landscape/Irrigation
6000 SF 6.25 $ _ _.. 37,500.
41 EA 200.00 $ 800
15 EA 200.00 $ 3,000
_ 1 LS 10,000,00 $ 10,000
10 EA 300.00 $ 3,000
652,860
1900 LF 90.00 $ 171,000
590 LF 110.00 $ 64,900
180 LF 13000 $ 23,400
20, EA 3,600.00 $ 70,000
10' EA 3,675,00 $ 36,750
13 EA 3,740.00 $ 48,620
300, CY .__ 150.00 $ 45,000
9 467,670 I
90000 S.F. 2r$ iB0000.;
$ 180,000
Other L(E_ ci )
Subdivision Improvement Bond
1. Sewer $ 607,400
2. Water $ 360,440
3. On -site street improvements $ 652,860
4 Drainage System $ 467,670
5. Miscellaneous $ 180,000
Subtotal $ 2,268,370
Contingencies 10° 226,837
TOTAL 2,495,207
6/11r1W4
F ACA0\MG NORTMIMP\FrbrsWinai Bond Es.. aie,33+ 9 tWa
9216 7
rill LandAmerica
Commonwealth
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION
27361.7
PLACE OF EXECUTION: San Diego, California
I certify under penalty of perjury that this material is a true copy o the original material
contained in this document
June 7, 2004
Date S ii nature of Declarant
Betty Harper
NAME OF DEVELOPER:
DATE OF AGREEMENT:
TITLE OF AGREEMENT:
9217
PAYMENT BOND
NAME OF DEVELOPMENT:
NAME OF SURETY:
ADDRESS:
AMOUNT OF BOND:
BOND NUMBER:
PREMIUM:
EFFECTIVE DATE:
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 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 $
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
;.R 9218
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 dully executed by
DEVELOPER and The Surety above named on , 2004
BY:
DEVELOPER SURETY
DEVELOPER SURETY
APPROVED AS TO FORM:
GEORGE H. EISER, III
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY
MUST BE ATTACHED)
ENTRY LICENSE AND INDEMNITY AGREEMENT
THIS ENTRY LICENSE AND INDEMNITY AGREEMENT (the "Agreement") is made
and entered into effective as of the 14th day of November, 2006, by and between the PARKING
AUTHORITY OF THE CITY OF NATIONAL CITY ("LICENSOR") and Plaza Bonita II LP, a
Delaware limited partnership ("LICENSEE").
RECITALS
A. LICENSOR is the owner of that certain real property (the "Property") located in
the City of National City, County of San Diego, State of California, as shown on the attached
Exhibit "A", and as described in the attached Exhibit `B", which are incorporated herein by
reference.
B. LICENSEE is the owner of a certain parcel of land at the Westfield Plaza Bonita.
C. LICENSEE intends to perform grading operations on the Property after obtaining
LICENSOR'S permission to do so, as part of the enlarged parking lot for the expansion of the
Westfield Plaza Bonita.
D. LICENSOR and LICENSEE are in the process of negotiating a long-term lease of
the Property or purchase of the Property.
E. LICENSOR is willing to grant a license to LICENSEE to enter upon the Property
to perform grading activities.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Agreement, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Grant of License. LICENSOR hereby grants to LICENSEE (and LICENSEE'S
agents, employees, contractors and subcontractors) a revocable license to enter upon the Property
for the purpose of performing grading activities provided (i) LICENSEE provides LICENSOR
one (1) Business Day or more prior notice before entering upon the Property, (ii) that in
conducting all such activities, LICENSEE complies with all applicable laws and regulations and
obtains and maintains the insurance coverage set forth in Section 2 below, (iii) prior to entering
the Property, LICENSEE shall disclose to the City Engineer of the City of National City the
extent and specific location of LICENSEE'S activities, and obtain the written consent of the City
Engineer to engage in such activities, and (iv) prior to entering the Property, LICENSEE shall
obtain a grading permit and all other required permits and approvals from the City of National
City.
1
Entry License and Indemnity Agreement
Parking Authority of the City of National City
C ZOO C0 • �n C`
2. Indemnity and Insurance.
a. Disclaimer of Liability. LICENSOR shall not at any time be liable for
injury or damage occurring to any person or property from any cause whatsoever arising
out of LICENSEE's construction, maintenance, repair, use, operation, condition or
dismantling of the Property ("LICENSEE'S WORK") except to the extent caused by
LICENSOR's negligence or willful misconduct.
b. Indemnification. LICENSEE shall, at its sole cost and expense, defend,
indemnify and hold harmless LICENSOR and its officials, boards, commissions,
employees and agents (hereinafter referred to as "indemnitees"), from and against:
i. Any and all liability, obligation, damages, penalties claims, lien,
costs, charges, losses and expenses including without limitation, reasonable fees
and expenses of attorneys, expert witnesses and consultants, which may arise out
of or be in any way connected with LICENSEE'S WORK or LICENSEE's failure
to comply with any federal, sate or local statute, ordinance or regulation.
ii. LICENSEE's obligations to indemnify indemnitees under this
Agreement shall not extend to claims, losses, and other matters covered hereunder
to the extent such claims arise out of the negligence or willful misconduct of one
of more indemnitees.
c. Assumption of Risk. LICENSEE undertakes and assumes for its officers,
agents, affiliates, contractors and subcontractors and employees (collectively
"LICENSEE" for the purpose of this section), all risks of dangerous conditions, if any, on
or about the Property, and LICENSEE hereby agrees to indemnify and hold harmless
LICENSOR against and from any claim asserted or liability imposed upon the
Indemnitees for personal injury or property damage to any person (other than from
Indemnitee's gross negligence or willful misconduct) arising out of LICENSEE's
WORK, or LICENSEE' s failure to comply with any federal, state or local statute,
ordinance or regulation.
d. Defense of LICENSOR. In the event any action or proceeding shall be
brought against LICENSOR by reason of any matter for which LICENSOR is
indemnified hereunder, LICENSEE shall, upon notice from LICENSOR, at LICENSEE's
sole cost and expense, resist and defend the same; provided however, that LICENSEE
shall not admit liability in any such matter on behalf of LICENSOR without written
consent of LICENSOR and provided further that LICENSOR shall not admit liability for,
nor enter into any compromise or settlement of, any claim for which it is indemnified
hereunder, without the prior written consent of LICENSEE.
e. Notice, Cooperation and Expenses. LICENSOR shall give LICENSEE
prompt notice of the making of any claim or the commencement of any action, suit or
other proceeding covered by the provisions of this paragraph. Nothing herein shall be
deemed to prevent LICENSOR from cooperating with LICENSF.F and participating in
the defense of any litigation by LICENSOR's own counsel.
2
Entry License and Indemnity Agreement
Parking Authority of the City of National City
f. Insurance. During the term of the Agreement, LICENSEE shall
maintain, or cause to be maintained, in full force and affect and at its sole cost and
expense, the following types and limits of insurance:
i. Worker's compensation insurance meeting applicable statutory
requirements.
ii.. Comprehensive commercial general liability insurance with
minimum limits of Two Million Dollars ($2,000,000) as the combined single limit
for each occurrence of bodily injury, personal injury and property damage. The
policy shall provide blanket contractual liability insurance for all written
contracts, and shall include coverage for products and completed operations
liability, independent contractor's liability; coverage for property damage from
perils of explosion, collapse or damage to underground utilities, commonly
known as XCU coverage.
iii. Automobile liability insurance covering all owned, hired, and non -
owned vehicles in use by LICENSEE, its employees and agents, with personal
protection insurance and property protection insurance to comply with the
provisions of state law with minimum limits of Two Million Dollars ($2,000,000)
as the combined single limit for each occurrence for bodily injury and property
damage.
iv. At the start of and during the period of any construction, builders
all-risk insurance, together with an installation floater or equivalent property
coverage covering cables, materials, machinery and supplies of any nature
whatsoever which are to be used in or incidental to the installation of
improvements.
v. All policies other than for Worker's Compensation shall be written
on an occurrence and not on claims made basis.
vi. The coverage amounts set forth above may be met by a
combination of underlying and umbrella policies so long as in combination the
limits equal or exceed those stated.
vii. LICENSEE shall furnish certificates of insurance to LICENSOR
before LICENSEE enters the Property.
g. Named Insureds. All policies, except for worker's compensation
policies, shall name LICENSOR and its officials, boards, commissions, employees,
agents and contractors, as their respective interests may appear, as additional insureds
(herein referred to as the "Additional Insureds").
h. Evidence of Insurance. Certificates of Insurance of each insurance
policy required to be obtained by LICENSEE in compliance with this paragraph, along
with written evidence of payment of required premiums shall be filled and maintained
with LICENSOR annually during the term of the Agreement. LICENSEE shall
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Parking Authority of the City of National City
immediately advise LICENSOR of any claim or litigation that may result in liability to
LICENSOR.
i. Cancellation of Policies of Insurance. All insurance policies maintained
pursuant to this Agreement shall contain the following endorsement:
"At least thirty (30) days' prior written notice shall be given to
Licensor by the insurer of any intention not to renew such policy
or to cancel, replace or materially alter same, such notice to be
given by registered mail to the parties named in this paragraph of
the Agreement."
j. Insurance Companies. All insurance shall be affected under valid and
enforceable policies, insured by insurers licenses to do business by the State of California
or surplus carriers on the State of California Insurance Commissioner's approval list of
companies qualified to do business in the State of California. All insurance carriers and
surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise
approved by LICENSOR's Risk Manager.
k. Deductibles. All insurance policies may be written with deductibles, not
to exceed $50,000 unless approved in advance by LICENSOR. LICENSEE agrees to
indemnify and save harmless LICENSOR, the indemnitees and Additional Insureds from
and against the payment deductible and from the payment of any premium on any
insurance policy required to be furnished by the Agreement.
I. Contractors. LICENSEE shall require that each and every one of its
contractors and their subcontractors who perform work on the Property to carry, in full
force and effect, workers' compensation, comprehensive commercial general liability and
automobile liability insurance coverages of the type which LICENSEE is required to
obtain under the terms of this paragraph with appropriate limits of insurance.
m. Review of Limits. Once during each calendar year during the term of this
Agreement or any renewal thereof, LICENSOR may review the insurance coverages to
be carried by LICENSEE. If LICENSOR determines that higher limits of coverage are
necessary to protect the interests of LICENSOR or the Additional Insureds, LICENSEE
shall be so notified and shall obtain the additional limits of insurance at its sole cost and
expense.
3. Utilities and Services. LICENSEE shall pay direct to the public utility company
providing all services and utilities provided to the Property and separately metered or sub -
metered, including without limitation, water, electricity, gas, sewer service and telephone
service.
4. Taxes. LICENSEE recognizes and understands that this Agreement may create a
possesory interest subject to property taxation and that LICENSEE may be subject to the
payment of property taxes levied on such interest. LICENSEE further agrees to pay any and all
property taxes, if any, assessed during the term of this Agreement pursuant to Section 107 and
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Parking Authority of the City of National City
107.1 of the Revenue and Taxation Code against LICENSEE's possesory interest in the
I Agreement.
5, Construction. The parties acknowledge and agree that (i) each party is of equal
bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
6. Notices. All notices required hereunder shall be in writing, and shall be delivered
as follows:
with a copy to:
To LICENSOR:
Stephen Kirkpatrick
City Engineer
City of National City
1243 National City Boulevard
National City, California 91950-4301
To LICENSEE:
do Westfield, LLC
11601 Wilshire Boulevard, 12th Fl.
Los Angeles, California 90025
Attention: Vice President Development — Plaza Bonita
Westfield, LLC
11601 Wilshire Boulevard, 12th Fl.
Los Angeles, California 90025
Attention: Office of Legal Counsel
7. Attorneys' Fees. In the event that any party hereto institutes an action or
proceeding for a declaration of the rights of the parties under this Agreement, for injunctive
relief, for an alleged breach or default of, or any other action arising out of this Agreement, or
the transactions contemplated hereby, or in the event any party is in default of its obligations
pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non -defaulting
party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs
incurred, in addition to any other damages or relief awarded.
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Parking Authority of the City of National City
8. Binding on Successors. The terms and conditions herein contained shall be
binding upon and inure to the benefit of the successors and permitted assigns of the parties
hereto.
9. Applicable Law. This Agreement shall be construed in accordance with the laws
of the State of California.
10. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall
continue in full force and effect and shall in no way be impaired or invalidated, and the parties
agree to substitute for the invalid or unenforceable provision a valid and enforceable provision
that most closely approximates the intent of the invalid or unenforceable provision.
11. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot be amended or
modified except by a written agreement, executed by each of the parties hereto.
12. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for pall purposes, be deemed an original and all such counterparts, taken
together, shall constitute one of the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
set forth above.
PARKING AUTHORITY OF THE
Plaza Bonita II LP, a Delaware limited
CITY OF NATIONAL CITY(LICENSOR) partnership
Chris Zapata, Exec i ' - irector
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
By: Plaza Bonita GP LLC, a Delaware limited
liability company, its general partner
By: Westfield America Limited
Partnership, a Delaware limited
partnership, its sole member
By: Westfield U.S. Holdings, LLC, a
Delaware limited liabjy company, its
general ner
By:
Name.
Title:
By:
Rory A. Packer
Assi
Title:
(LICENSRF)
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Parking Authority of the City of National City
APN# 570-020-46
EXHIBIT B
All that certain real property situated in the County of San Diego, State of
California, described as follows:
All that portion of Lot 10 of L. W. Kimball's Subdivision of parts of Quarter
Sections 98, 99, 110 and 111 of National Ranch, in the City of National City,
County of San Diego, State of California, according to Map thereof No. 63, and
described in Deed to said County of San Diego recorded July 29, 1976 as
File/Page No. 76-240241 in the Office of the County Recorder of said County,
described as follows:
Beginning at a point on the Northerly line of said Lot 10, said point being 20.00
feet Westerly, measured at right angles, of the centerline of the National City
and Otay Railway (also known as the San Diego and Arizona Eastern Railway)
right of way;
Thence, along said Northerly line of Lot 10, South 71° 42' 30" West, 159.51 feet
to the Northeasterly sideline of Plaza Bonita Road as dedicated by the San Diego
County Board of Supervisors by Resolution dated March 19, 1985, Item No. 44,
on file in the Office of the Clerk of said Board of Supervisors;
Thence along said Northeasterly sideline, South 52° 56' 46" East, 353.29 feet to
the Southwesterly sideline of said railway right of way;
Thence along said Southwesterly sideline, North 26° 23' 42" West, 293.59 feet to
the point of beginning.
APN# 570-020-47
EXHIBIT B
All that certain real property situated in the County of San Diego, State of
California, described as follows:
All that portion of Lot 10 of L. W. Kimball's Subdivision of Parts of Quarter
Sections 98, 99, 110 and 111 of Rancho De La Nacion, in the County of San
Diego, State of California, according to Map thereof No. 63, filed in the Office of
the County Recorder of said San Diego County, May 11, 1885, conveyed by deed
from the San Diego and Arizona Railway Company, a Corporation, to A. B. Titus
and recorded June 6, 1922 in Book 882, Page 406 of Deeds, filed in the Office of
the County Recorder of San Diego County, and described as follows:
That certain parcel of land located in the former railway right of way of the San
Diego and South Eastern Railway Company, in the County of San Diego, State of
California, described as follows:
A strip of land 40 feet in width being 20 feet on each side of the center line of
Tract of the former San Diego and Southeastern Railway Company's Sweetwater
Branch, lying across the West 510 feet of Southeast Quarter of Quarter Section
110 of the Rancho De La Nacion, in the County of San Diego, State of California,
according to map thereof by Morrill, filed in the Office of the County Recorder of
said County, said strip of land being particularly described by a line running as
follows:
Commencing at a point on the North line of the Southeast Quarter of said
Quarter Section 110, 993.82 feet from the Northeast corner thereof. Said point
being also known as Engineer's Survey Station 66 plus 86.87 of said former
center line of Tract.
Thence South 71° 47' West along said North line 20.2 feet;
Thence South 26° 24' East 459.6 feet;
Thence on a curve concave to the left with a radius of 593.69 feet and tangent to
the last described course a distance of 339.1 feet;
Thence North 18° 14' West, 31.3 feet to a point known as Engineer Survey
Station 74 plus 47.18 of said former center line of Tract;
Thence continuing North 18° 14' West 33.1 feet;
Thence on a curve concave to the right with a radius of 553.69 feet, and tangent
to a line which bears North 54° 05" West 453.8 feet to a point on the North line
of said Southeast Quarter;
Thence South 71° 47' West 20.2 feet to the point of commencement.
Excepting therefrom that portion conveyed to the County of San Diego by Grant
Deed recorded April 24, 1981 as File no 1981-131523 of Official Records.