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HomeMy WebLinkAboutAGMT - Bixby Ranch Company (Improvement Agreement) • • CITY OF SEAL BEACH AND BIXBY RANCH COMPANY • IMPROVEMENT AGREEMENT THIS IMPROVEMENT AGREEMENT hereinafter referred to as "AGREEMENT" is made and effective as of April 4 , 2001, by and between the CITY OF SEAL BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ", and BIXBY RANCH COMPANY, hereinafter referred to as "DEVELOPER ". In consideration for approvals granted and improvements required by CITY as part of the Old Ranch Town Center, Area B (13 acre) site consisting of four parcels located at the southeast comer of Seal Beach Boulevard and Lampson Ave. identified as Parcels 1, 2, 3, and 4 as shown on Parcel Map No. 97 -165, recorded in Book 307 at Page 5 through 7, Orange County Official Records, hereinafter - referred to as "SITE ", CITY and DEVELOPER agree as follows: 1. DEVELOPER AGREES, AT DEVELOPER'S OWN EXPENSE, TO: a. Construct and install a 16" water line with four (4) 12" service laterals and all other appurtenances as required in Seal Beach Blvd. fronting along the westerly frontage of the SITE. The water line shall connect to the existing water line in the intersection of Seal Beach Blvd. and Lampson Ave. and shall extend southerly to the north side of the 1 -405 Freeway northbound on /off ramps. Improvements shall be designed to CITY standards and shall be constructed in conformance with improvement plans approved by the CITY. b. Construct frontage improvements on Seal Beach Blvd. along the westerly frontage of the SITE from and including the curb return at Lampson Ave. to the northerly side of the 1 -405 Freeway northbound on /off ramps to provide curb gutter and roadway paving between existing paving and new curb line at the ultimate right of way line for the bridge widening project. Said frontage improvements shall include, roadway pavement, curb, gutter, sidewalk, driveway, , landscaping, irrigation, and all other appurtenances required. Improvements shall be designed to CITY standards and shall be constructed in conformance with improvement plans approved the by CITY. c. Construct street improvements on Lampson Ave. along the northerly frontage of the SITE to provide 10 foot wide left turn lanes, with a 13 foot wide raise curb median island (3 foot wide nose) with landscaping and irrigation. Construct frontage improvements including driveway, frontage landscaping and irrigation, and all other appurtenances required. Additionally, construct a 12 foot wide (width may be reduced due to right of way limitations, as approved by CITY) off road sidewalk/bikeway along the southerly side of Lampson Avenue from Seal Beach Boulevard to the Westerly lot line of the tennis facility. Improvements shall be designed to CITY standards and shall be constructed in conformance with improvement plans approved by CITY. C• \windows \TEMP\Improvement Agreement.doc\LW\03 -27 -01 Improvement Agreement — Bixby Ranch Company And City of Seal Beach March, 2001 d. Construct certain on -site and off -site public and private drainage improvements consisting of required retention basins, storm drain, pipes, catch basins, drains, boxes, structures, landscaping, irrigation, and other appurtenances as required to maintain proper flood control drainage from the SITE such that the maximum flow rate into the Caltrans receiving culvert on the southerly side of the SITE shall be no greater than it received prior to development of the SITE. Improvements shall be designed to CITY standards and shall be constructed in conformance with improvement plans approved by the CITY. e. Except for landscaping and irrigation, construction and installation of the above noted improvements and work shall commence within 30 days from the date of approval of improvement plans, and shall be completed within six (6) months from the date of approval of this AGREEMENT, or prior to occupancy of the first building. Landscaping and irrigation improvements shall be completed no later than October 15, 2001. f. Estimated Cost of Improvements: Water Line $ 150,000 Street And Frontage Improvements $ 400,000 Drainage $ 250,000 Total Estimated Improvement Cost $ 800,000 g. Provide and maintain, through the duration of this AGREEMENT, the following bonds as security to guarantee the installation and completion of the above noted improvements and work. • Faithful Performance Bond (100% of Total Estimated Improvement Cost) • Labor & Materials Bond (100% of Total Estimated Improvement Cost) • Warranty Bond — 1 year (25% of Total Estimated Improvement Cost) h. Warranty the work done pursuant to this Agreement, against any defective work or labor done or defective materials furnished, for a period of one (1) year after final acceptance by CITY of the required improvements. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by DEVELOPER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, then DEVELOPER 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 DEVELOPER fail to act promptly or in accordance with this requirement, DEVELOPER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to DEVELOPER Improvement Agreement 2 N X • • Improvement Agreement — Bixby Ranch Company And City of Seal Beach March, 2001 and to DEVELOPER's Surety, and agrees to pay the cost of such work by CITY. Should CITY reasonably determine that an emergency requires repairs or replacements to be made before DEVELOPER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and DEVELOPER shall pay to CITY the cost of such repairs. i. Allow CITY, in the event of DEVELOPER default under this Agreement, to take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, all at the expense of DEVELOPER, including costs of suit and reasonable attorneys' fees. The CITY shall reserve to itself all remedies available to it at law or in equity for breach of DEVELOPER'S obligations under this agreement. City shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by DEVELOPER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefor, CITY damages for DEVELOPER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the work and improvements in accordance with the improvement plans and specifications contained herein. j. Dedicate to the CITY all improvements constructed or installed in the public right -of -way, or in public property, or in CITY easements. k. Indemnify, hold harmless and defend CITY, the Seal Beach Redevelopment Agency, and their respective officers, employees, servants, volunteers, and agents serving as independent contractors in the role of CITY or Agency officials (collectively, "Indemnitees ") from and against claims, losses, obligations, or liabilities arising out of and to the extent of DEVELOPER's negligent acts, errors or omissions, willful misconduct or those of its employees or agents. The indemnification responsibility imposed herein shall extend to any subconsultant retained or employed by DEVELOPER for the performance of the work required by this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. • 2. CITY AGREES TO: a. City Manager shall execute this AGREEMENT upon receiving a fully executed copy of this AGREEMENT along with the fully completed and executed bonds. b. Issue grading permit for SITE Parcels 1, 2, 3, and 4 upon execution of this AGREEMENT and when each parcel precise grading plan is approved. Improvement Agreement 3 '� Improvement Agreement — Bixby Ranch Company And City of Seal Beach March, 2001 c. Issue building permit for SITE Parcels 1, 2, 3, and 4 upon execution of this AGREEMENT and when all building department requirements have been satisfied. d. Release Faithful Performance Bond and Labor and Materials Bond securities required by this AGREEMENT when the City Engineer certifies that the improvements and work required by this AGREEMENT have been properly and satisfactorily completed and that all associated liens have been released. e. Release Warrantee Bond security required by this AGREEMENT when the City Engineer certifies that the one year warranty period has expired and that the improvements and work required by this AGREEMENT are in satisfactory condition and that all associated claims have been settled. 3. CORRESPONDENCE: All correspondence shall be mailed or delivered to the following persons at the following address: DEVELOPER: Ron Bradshaw Bixby Ranch Company 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 Phone (562) 493 -1475 CITY: John B. Bahorski City Manager City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Phone (562) 431 -2527, ext. 300 • Improvement Agreement 4 • Improvement Agreement — Bixby Ranch Company And City of Seal Beach March, 2001 IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the effective date first written above. DEVELOPER: BIXBY NCH COMPA CITY OF SE BEACH By: � 14. By: / City Manager Name: Ronald A. Bradshaw Title: Sr. Vice President APPROVED AS TO FORM: . c,427.7;e4:- Quinn Barrow Name: Timothy J. King City Attorney Title: Vice President /CFO (Proper Notarization of DEVELOPER'S signature is required and shall be attached) Improvement Agreement 5 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �� i,/_• J`].�.:�..� �.�.•'�.v= SG�'� i;a�:ti'�%`��k�>; cat; s�>�>,��,'.� �.>%..;s�i;�?g;c�C �S.�S;T.;aC;c�.�.�. > > S c�t�. State of California ss. ' > County of Oranl�� cI > On 7 — � -0 / , before m e, Ed en ��a-- Date Name and Title of Officer (e g , Jane Doe, Notary Public ") q' personally appeared /E044/at A . P tc 5 haul 1 77/-no/Ay ...7: ,e /ri�, , Name(s) of Signer(s) L7 personally known to me 1=1 proved to me on the basis of satisfactory A evidence •> >> EDEN E ROA . .; to be the person(s) whose name(s) is /are >> - Z. Commission 9 1267293 �� 1 Notary Pubffc subscribed to the within instrument and �W. f Orange County a cknowledged to me that he /she /they executed .�.. _. >j q ' ' Comm es2. .0 ``'° `' -..-Mr... `" ,i.: -or — iun1 — the same in his /her /their authorized ca acit ies and that by his /her /their k P Y( )� Y signature(s) on the instrument the person(s), or >> the entity upon behalf of which the person(s) '> acted, executed the instrument. e WITNESS my hand and official seal. >> Place Notary Seal Above S ig t ure of Notary Public A OPTIONAL j Though the information below is not required by law, it may prove valuable to persons relying on the document (• and could prevent fraudulent removal and reattachment of this form to another document. j> Description of Attached Document ,f . Title or Type of Document: _TM/Prot/erne/ /'T yree o- e' 7 << Document Date: 1 /-"/" - / I' Number of Pages: s >> Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer >> Signer's Name: RIGHT THUMBPRINT 0 OF SIGNER j> ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee >> �` ❑ Guardian or Conservator >> ❑ Other: Q �> ( Signer Is Representing: 40/3/by ianeJi Comfan >1 ®1999 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313 -2402 • waw naaonalnotary org Prod No 5907 Reorder Call Toll -Free 1-800-876-6827 • B. No. KF2220 Premium $9,600.00 CITY OF SEAL BEACH AND BIXBY RANCH COMPANY IMPROVEMENT AGREEMENT FAITHFUL PERFORMANCE BOND WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY ", and BIXBY RANCH COMPANY, hereinafter designated as "PRINCIPAL ", have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public and private improvements, which said agreement, dated April :3 , 2001, and identified as City of Seal Beach and Bixby Ranch Company Improvement Agreement, is hereinafter referred to as "AGREEMENT" and made a part hereof; and WHEREAS, PRINCIPAL is required under the terms of the AGREEMENT to furnish a bond for the Faithful Performance of the AGREEMENT; St. Paul Fire and Marine NOW, THEREFORE, we, PRINCIPAL and Insurance Company , as SURETY, are held and firmly bound unto CITY in the penal sum of $ 800,000 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that the obligation shall become null and void if the above - bonded PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Page 1 of 3 Faithful Performance Bond • • 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 PRINCIPAL and SURETY above named, on April 3 , 2001. (Seal) (Seal) ST. PAUL FIRE AND MARINE SURETY: INSURANCE COMPANY PRINCI c AL: BIXB NC MPANY Name a Cali / nia li t + p the ship By: ''. by Man :e'en r ation By: �� By Signature Signature Name: Rhonda C. Abel, Attorney -in -Fact Name: Ronald A. Bradshaw Address: 500 South Kraemer Boulevard Title: Sr. Vice President Suite 200 Address: 3010 Old Ranch Parkway, #100 Brea, CA 92821 Seal Beach, CA 90740 Phone: (714) 792 -1606 Phone: (562) 493 -1475 APPROVED AS TO FORM: By: n � Si g a re Name: Timothy J. King sue` Title: Vice President /CFO CITY Attorney Address: 3010 Old Ranch Parkway, #100 Seal Beach, CA 90740 Phone: (562) 493 -1475 Page 2 of 3 Faithful Performance Bond • CALIFORNIA ALL - PURPOSE A•OWLEDGMENT • No. 5907 State of California County of Orange On --3 - 0 1 before me, Patricia H. Brebner, Notary Public DATE NAME, TITLE OF OFFICER - E.G , "JANE DOE, NOTARY PUBLIC" personally appeared Rhonda C. Abel NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PATRICIA H. BREBNE I � j ( '° 4, Commission # 1146000 z o - ski 'otoiy Public- California g C WITNESS I• hand and official seal. � ' My Comm Expires Jul 5,2001 Aa- SIGNATURE OF NOTARY • • OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED _ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S- 4067 /GEEF 2/98 ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT JA c ,, ,,-.3.>�a.::,.ac�� = S = <, S i..oa. R «5,.: �v , c.,S,.ta S,,,,....,.. is • S,>_.,... S�� S, ,c,. State of California ss. sS County of °Tale >> >> r 7' DI before me , , r/ '& , p On Date N ame and Title of Officer (e g , °Jane Doe, Notary Public ") i? e personally appeared A i Oted‘Phaidv and 77nhi fhy •: k/!y.–. , Name(s) of Signer(s) ersonally known to me - ❑ proved to me on the basis of satisfactory e evidence ,. [z to be the person(s) whose name(s) is /are i EDEN E. ROA ',) to the within instrument and -, Commission # 1267293 acknowledged to me that he /she /they executed A Notary Public - CallfamIO �� : ;.,,a„..,7;5 the same in his /her /their authorized 1 \ "►9 Orange Count,+ capacity(ies), and that by his /her /their My Comm. Expires Jun 122004 signature(s) on the instrument the person(s), or '?) the entity upon behalf of which the person(s) v acted, executed the instrument. >> WITNESS my hand and official seal. Place Notary Seal Above A telit) -S gnature of Notary Public YJ 1e � q OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document y and could prevent fraudulent removal and reattachment of this form to another document. j Description of Attached Docume t Title or Type of Document: I rf/77 / Pe,'%Yfl? rye- .230,/et g Document Date: /i/o / Number of Pages: ... >> 4 pia C• /th Signer(s) Other Than Name Above: c (d Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT :' ("(•:' OF SIGNER ;� • � ❑ Individual D Top of thumb here 1 3� Corporate Officer — Titie(s):f.V• / 4/ 1/ /CPO ❑ Partner — ❑ Limited ❑ General ( ❑ Attorney in Fact r: ❑ Trustee >> • ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e8i Kasdi o/yipality '.5 rri . " ✓:�L L�✓: ✓: ✓Z✓Z�G S G G ✓G �✓: ✓: ✓4 ✓: 3�:S✓:`✓.<✓:" 4 G /'.��1: 4 ✓3 i < G✓Z`✓<K•✓<"•✓::✓L 4' ✓G✓,G L�:1);4'✓d R e 1999 National Notary Association • 9350 De Soto Ave , P.O Box 2402 • Chatsworth, CA 91313 -2402 • www nationalnotary org Prod No 5907 Reorder. Call Toll-Free 1-800. 8766827 . • Alit ed in charge for Performance Bond CITY OF SEAL BEACH AND BIXBY RANCH COMPANY IMPROVEMENT AGREEMENT LABOR AND MATERIALS BOND WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY ", and BIXBY RANCH COMPANY, hereinafter designated as "PRINCIPAL ", have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public and private improvements, which said agreement, dated April 3 , 2001, and identified as City of Seal Beach and Bixby Ranch Company Improvement Agreement, is hereinafter referred to as "AGREEMENT" and made a part hereof; and WHEREAS, under the terms of the AGREEMENT, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient labor and materials payment bond with CITY, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and St. Paul Fire and Marine NOW, THEREFORE, we, PRINCIPAL and Insurance Company , as SURETY, are held and firmly bound unto CITY and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the AGREEMENT and referred to in the aforementioned Civil Code provisions, in the penal sum of $ 800,000 lawful money of the United States, 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. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any 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. Page 1 of 3 Labor & Materials 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. 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 PRINCIPAL and SURETY above named, on April 3 , 2001. (Seal) (Seal) ST. PAUL FIRE AND MARINE SURETY: INSURANCE COMPANY PRINCIPAL: BIXBY CH COM /• // Name a C forn• e p n= .ship / 1 By B ix b a t Co o do By: C B Signature Signature Name: Rhonda C. Abel. Attorney -in -Fact Name: Ronald A. Bradshaw Address: 500 South Kraemer Boulevard Title: Sr. Vice President Suite 200 Address: 3010 Old Ranch Parkway. #100 Brea. CA 92821 Seal Beach, CA 90740 Phone: (714) 792 -1606 Phone: (562) 493 -1475 APPROVED AS TO FORM: By: Signs re Name: Timothy J. King Title: Vice President /CFO CITY Attorney Address: 3010 Old Ranch Parkway, #100 Seal Beach. CA 90740 Phone: (562) 493 -1475 Page 2 of 3 Labor & Materials Bond CALIFORNIA ALL - PURPOSE AOWLEDGMENT No. 5907 State of California County of Orange On 4 -3 -0 O ( before me, Patricia H. Brebner, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Rhonda C. Abel NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Pti(RICIA H. BREBNER Commission # 1146000 2. WITNESS m hand and official seal. t 4 Notary Public - California \r Orange County rt My Comm. Expires Jul 5,2001 - ;:: SIGNATURE OF NOTARY • • OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S- 4067 /GEEF 2/98 ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California h ss. County of /-4/7/e, e O On 7'' 7 —0 � , before me , dt!/'I • �,� , Date Name and Title of Officer (e g , "Jane Doe, Notary Public') s e personally appeared ieov/4 /d ,I. .13radoh2zlJ m n%y /c , 0 �, • ` Name(s) of Signer(s) ) personally known to me s ❑ proved to me on the basis of satisfactory ; evidence (e 5 to be the person(s) whose name(s) is /are rci >> ei E ROA • subscribed to the within instrument and %51, 13 acknowledged to me that he /she /they executed ' , Notary Public -California Orange County the same in his /her /their authorized ` ' My Comm Is �1Z, 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) h,. acted, executed the instrument. ' WITNESS my hand and official seal. ) ' l Place Notary Seal Above SE-nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document j and could prevent fraudulent removal and reattachment of this form to another document. re Description of Attached Document ,/ Title or Type of Document: LOzbs/ and /" /Q /er/a/S O/!et J Document Date: 1 7' 1 7 L 0 / Number of Pages: Signer(s) Other Than Named Above: Rhotidei C. 166€ >> Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT •J (( OF SIGNER ❑ Individual 1/ Top of t humb here , C Officer — Title(s): e e• I' r J T a v , C/O , ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 0 •e ❑ Guardian or Conservator ,, 0 Other: 0 , Signer Is Representing: /X / /7 6/f9 ,Oe19)/ O 1999 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313 -2402 • www naeonalnotary org Prod No 5907 Reorder Call ToIFFree 14800.8788827 • Nit No. KF2220 Pium included in charge for Performance Bond CITY OF SEAL BEACH AND BIXBY RANCH COMPANY IMPROVEMENT AGREEMENT WARRANTY BOND WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY", and BIXBY RANCH COMPANY, hereinafter designated as "PRINCIPAL ", have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public and private improvements, which said agreement, dated April 3 , 2001, and identified as City of Seal Beach and Bixby Ranch Company Improvement Agreement, is hereinafter referred to as "AGREEMENT' and made a part hereof; and WHEREAS, PRINCIPAL is required to warranty the work done under the terms of the AGREEMENT for a period of one (1) year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished, in the amount of twenty -five percent (25 %) of the estimated cost of the improvements; St. Paul Fire and Marine NOW, THEREFORE, we, PRINCIPAL and Insurance Company , as SURETY, are held and firmly bound unto CITY in the penal sum of $ 200,000 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including Page 1 of 3 Warrantee Bond • • reasonable attomey's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 PRINCIPAL and SURETY above named, on April 3 , 2001 (Seal) (Seal) ST. PAUL FIRE AND MARINE SURETY: INSURANCE COMPANY PRINCIPAL: BIXBY RANC OMPANY Amp ame a Calif nia 1' ••rtn: shi• By: : /• M g en Cor'.rati. By: C _ . By: 4 Signature Signature Name: Rhonda C. Abel, Attorney -in -Fact Name: Ronald A. Bradshaw Address: 500 South Kraemer Boulevard Title: Sr. Vice President Suite 200 Address: 3010 Old Ranch Parkway, #100 Brea, CA 92821 Seal Beach, CA 90740 Phone: (714) 792 -1606 Phone: (562) 493 -1475 APPROVED AS TO FORM: By: L Signa ure Name: Timothy J. King Title: Vice President /CFO CITY Attorney Address: 3010 Old Ranch Parkway, #100 Seal Beach, CA 90740 Phone: (562) 493 -1475 Page 2 of 3 Warrantee Bond • CALIFORNIA ALL - PURPOSE ArOWLEDGMENT No. 5907 State of California County of Orange On 4 / 4 .- - 0 r before me, Patricia H. Brebner, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Rhonda C. Abel NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PAIRICIA H. BREBNER ,{ : Com mission # 114 6000 WITNESS m hand and official seal. r , Notary Public - Califomia T. Orange County A el.:L.) V 1514 g =y Comm. Expires Jul 5, 2001 D . _.�� � v� SI NA ti° My OF NOTARY • • OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED _ GENERAL • ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S- 4067 /GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT v/,u._,a..-aS,., ,,,, aS,5.4:w. 3e,.i3 aS.! .< .,: af,.� .:aS� S .. a.C!9, . = CSR A;-u,.na......,,.o> � ? .,:, ,,,C!..:t,-,s• -- ,_-aS� S e �s7 t) ,i State of California C, County of c9ranf e. ss. lG 9 C 9 (d Z On �' `7 '0/ , before me , /' � ��- , Date Name and Title of Officer (e g , 'Jane Doe, Notary Public ") %) personally appeared iteOfia /G'd /1. Zradbh/J and 7Tn t /iiy 0 k/1' , 'k Name(s) of Signer(s) j Cry personally known to me 0 e ❑ p to me on the basis of satisfactory 1 evidence to be the person(s) whose name(s) is /are >> EDEN E ROA subscribed to the within instrument and • '4s?t' Commission • 1267293 Notary Public - California g acknowledged to me that he /she /they executed \-z Orange County the same in his /her /their authorized �) My Comm. Expireshm12.2W4 capacity(ies), and that by his /her /their >> signature(s) on the instrument the person(s), or �e - the entity upon behalf of which the person(s) acted, executed the instrument. ') ` WITNESS my hand and official seal. 5 6 . /firet-V Place Notary Seal Above i g nature of Notary Public >> OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document 'A and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document S' 4 Title or Type of Document: W arrrn1y 23D/'I� �� v� Document Date: // 0 / Number of Pages: ' Ce ,j Rhonda e . ibei 'A Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer :: >> Signer's Name: RIGHT THUMBPRINT ..� (e ❑ Individual OF SIGNER j, 2 Officer — Title(s): r. via 1 V/° /c 1G 0 Top of thumb her >> ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 ❑ Trustee >> • ❑ Guardian or Conservator ❑ Other: 0 /a/7th G�� '7pany >> <<: Si Is Re Z: < "d< :/,</ < ' 4 4<f': LY,tiL� 2',: :' "e/4\✓: : ✓:\✓L 4 /,,bS'?: /:•:, ✓'+ L GAL <' 0 1999 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313 -2402 • wow nahonalnotary org Prod No 5907 Reorder Call Toll -Free 1.1100. 87841827 � StF�ul POWER OF ATTORNEY • � Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22026 Certificate No. 517035 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint James A. Schaller, Rhonda C. Abel, Jane Kepner, Nanette Mariella- Myers, Mike Parizino, Linda Enright and Jeri Apodaca Costa Mesa California of the City of , State , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings T eyea or eE, fitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumenrztob, e i n A 23rd day of August 2000 Seaboard Surety Company '- tYnited States Fidelity and Guaranty Company St. Paul Fire and Marine Insura ompaij n., Fidelity and Guaranty Insurance Company St. Paul Guardian Insuranc aiom l pan to Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company) surer 0. A / 4 ` wN 1118449 � � 7927 I ° ^" el z q c p _ ®" JOHN F. PHINNEY, Vice President {!r SEAL% ` t 38EL � r Sd tag :11;11MI1951 Q'hEWSAMGE s .. Ads+' +e • r** AN .. .. -t iS State of Maryland ��_. " Q • V City of Baltimore MICHAEL R MCKIBBEN, Assistant Secretary On this 23rd day of August 2000 , before me, the undersigned officer, personally appeared John F. Phinney and Michael R McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc ; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers °cp r ��p /tom In Witness Whereof, I hereunto set my hand and official seal. m T gRY (/ My Commission expires the 13th day of July, 2002 ' 'kiC C,1r REBECCA EASLEY - ONOKALA, Notary Public 86203 Rev 11 -99 Printed in U.S A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attomey.or to any certificate relating thereto appointing Attorney(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached, and RESOLVED FURTHER, that Attorney(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. if ce 2 IN TESTIMONY WHEREOF, 1 hereunto set my hand this 3 day of , oZ 0 0 51wE>Y ' ., ��' o �^ a_MMS 411, � , �sug gi y4, u9KtY SRO Y Q Cic• uA ,� bf L.. e OPORq Y�OppP00Rh. O^ N �i` - �'�{ • R. Y`� 1 927 ,^•" "-fir' „ : t $ rtoz sir o 6'• ® 7 F , 1951 iE. , a :,Hc ° S.� A a9 r p SEAL .� a n • „ i Michael R McKibben, Assistant Secretary To verify the authenticity of this Power of Attorney, call l- 800 -421 -3 8 n I ask ;for he Po,�v ,)`Attorney clerk. Please refer to the Power of Attorney number, the above -named individuals and the details of the bond to whichrthe p'ower=is ached \ ', � .,;; - -c . � ,� , • --,,