HomeMy WebLinkAboutAGMT - Beachwalk 7 LLC eo( 6)t'e2.se
4
CITY OF SEAL BEACH
•
AND
BEACHWALK 7, LLC
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 15832
THIS SUBDIVISION IMPROVEMENT AGREEMENT, hereinafter referred to as
"AGREEMENT ", is made and effective as of #4 /4. .24 L , 2001
by and between the CITY OF SEAL BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY ", and BEACHWALK 7, LLC, hereinafter
referred to as "SUBDIVIDER ". In consideration of the approval by CITY of the final map of
the subdivision described below and the mutual covenants and agreements contained
herein, CITY and SUBDIVIDER agree as follows:
RECITALS
This AGREEMENT is made with respect to the following facts that each party
acknowledges as true and correct:
Final Map No. (referred to as "SUBDIVISION "): Tract No. 15832
Tentative Map Resolution of Approval No: Seal Beach City Council Resolution No. 4876
Title of Improvement Plans:
• Precise Grading and Improvement Plans Tract Map No. 15832
Surety Company
Name: Gulf Insurance Company
Address: 101 West Broadway
Suite 700
San Diego, CA 92101
Contact Person: David Banfer
Phone Number:
Estimated Cost of Improvements (Public & Private):
Streets: $195,227.50
Grading and Drainage: $ 44,400.00
Total Estimated Cost of Improvements: $ 239,627.50
Faithful Performance Bond No.: .8t26/7Z/4
Labor & Materials Bond No.: & £ 26/ 72/G
Estimated Total Cost of Monumentation: $ 4,000.00
Monumentation Bond No.: 13,E 26.1 7Z/'
Page 1 of 13 (Subdivision Agreement)
Warranty Bond No.: /SC- 06=( 7Z4
A. SUBDIVIDER has presented to CITY for approval and recordation a final
subdivision map of the SUBDIVISION pursuant to provisions of the Subdivision Map Act of
the State of California and CITY ordinances and regulations relating to the filing, approval
and recordation of subdivision maps. The Subdivision Map Act and CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this AGREEMENT as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved subject to the
Subdivision Laws and to the requirements and conditions contained in Seal Beach City
Council Resolution No. 4876, hereinafter referred to as the "Resolution of Approval ". The
Resolution of Approval is on file in the office of the City Clerk of CITY, which official is
hereinafter referred to as the "City Clerk, and is incorporated into this AGREEMENT by
reference.
C. In consideration of approval by CITY of a final map for the SUBDIVISION,
SUBDIVIDER desires to enter into this AGREEMENT whereby SUBDIVIDER promises to
install, complete, and or reimburse CITY, at SUBDIVIDER'S own expense, all the public
and private improvement work required by CITY in connection with the proposed
SUBDIVISION, which improvement work is hereinafter referred to as "the required
improvements ". SUBDIVIDER has secured this AGREEMENT by improvement security
required by the Subdivision Laws and approved by the City Attorney of CITY, which official
is hereinafter referred to as the "City Attorney ".
D. Complete Improvement Plans for the construction, installation and completion of
the required improvements have been prepared by either CITY or SUBDIVIDER and
approved by the City Engineer of CITY, which official is hereinafter referred to as the "City
Engineer ". The Improvement Plans for the SUBDIVISION are on file in the office of the
City Engineer and are incorporated into this AGREEMENT by this reference. All
references in this AGREEMENT to the Improvement Plans shall include reference to any
specifications for the improvements as approved by the City Engineer.
E. Within thirty (30) days after completion of the required improvements and their
acceptance by CITY, it is necessary that certain monuments and stakes be installed as
specified on the final map for the SUBDIVISION.
AGREEMENT
NOW, THEREFORE, in consideration of the approval by CITY of the final map of
the SUBDIVISION, SUBDIVIDER and CITY agree as follows:
Page 2 of 13 (Subdivision Agreement)
1. SUBDIVIDER'S Obligations to Construct Improvements.
SUBDIVIDER shall:
a. Comply with all the requirements of the conditions of the approved
tentative map of the SUBDIVISION.
b. Construct, install, or reimburse CITY, at SUBDIVIDER'S own expense, all
of the required improvements in conformance with the Improvement Plans and CITY
standards.
c. Commence the construction and installation of the required
improvements within one hundred eighty (180) days from the approval by CITY of the final
map of the SUBDIVISION and complete such work within two (2) years from the date of
the approval.
d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all rights -
of -way, easements and other interests in real property for construction or installation of the
required improvements, free and clear of all liens and encumbrances. SUBDIVIDER'S
obligations with regard to acquisition by CITY of off -site rights -of -way, easements and
other interests in real property shall be subject to a separate agreement between
SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public
or private drainage easements or authorizations to accommodate the SUBDIVISION.
2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the
public improvement and land development work contemplated by this AGREEMENT are to
be constructed or installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced before:
a. The offer of dedication to CITY of appropriate rights -of -way, easements
or other interest in real property, and appropriate authorization from the property owner to
allow construction or installation of the improvements or work, or
b. The dedication to, and acceptance by, CITY of appropriate rights -of -way,
easements or other interests in real property, as determined by the City Engineer, or
c. The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects
with the order of possession. Nothing in this Section shall be construed as authorizing or
granting an extension of time to SUBDIVIDER.
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this AGREEMENT by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by the City
Attorney for the purposes and in the amounts as follows:
Page 3 of 13 (Subdivision Agreement)
.• i
a. to assure faithful performance of this AGREEMENT in regard to the
required improvements in an amount of 100% of the estimated cost of the improvements;
and
b. to secure payment to the CITY or any contractor, subcontractor, persons
renting equipment, or furnishing labor and materials for the required improvements in the
additional amount of 100% of the estimated cost of the improvements; and
c. to guarantee and warranty the work completed by SUBDIVIDER pursuant
to this 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 additional
amount of 25% of the estimated cost of the improvements; and
d. to assure faithful performance of the installation of monuments and
stakes specified on the final map of the SUBDIVISION in the additional amount of 100%
of the estimated cost of such installation.
e. The securities required by this AGREEMENT shall be kept on file with the
City Clerk. The terms of the security documents referenced above are incorporated into
this AGREEMENT by this reference. Replacement security, if approved shall be approved
in writing by the City Engineer. Release of security, if approved shall be in writing by the
City Engineer. If any security is replaced by another approved security, the replacement
and release shall be filed by the City Engineer with the City Clerk and, upon filing, shall be
deemed to have been made a part of and incorporated into this AGREEMENT. Upon filing
of a replacement security with the City Clerk, any former security approved for release
shall be released. Security, including replacement security, may be in the form of bonds,
assessment districts, or other types of security all subject to the approval of the City
Engineer.
4. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe
access for inspection of the required improvements by CITY and to the shops wherein any
work is in preparation. Upon completion of the work, SUBDIVIDER may request a final
inspection by City Engineer or the City Engineer's authorized representative. If the City
Engineer or such official's authorized representative determines that the work has been
completed in accordance with this AGREEMENT, then the City Engineer shall certify the
completion of the public improvements to the City Council of CITY, which body is
hereinafter referred to as the "City Council ". No public improvements shall be finally
accepted by the CITY unless all aspects of all of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and CITY
standards. SUBDIVIDER shall bear all costs of plan check, inspection and certification.
•
Page 4 of 13 (Subdivision Agreement)
5. Release of Securities. Subject to approval by the City Council, the securities
required by this AGREEMENT shall be released as follows:
a. Security given for faithful performance of any act, obligation, work or
agreement shall be released upon the final completion and acceptance of the act or work,
subject to the provisions of the following subsection.
b. The City Engineer may, in such official's sole discretion, release a portion
of the security given for faithful performance of improvement work, in portions, as the
improvement progresses upon application therefore by SUBDIVIDER. 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
improvement work and any other obligation imposed by this AGREEMENT.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six (6)
months after the completion and acceptance of the work, be reduced to an amount equal
to the total claimed by all claimants for whom liens have been filed and of which notice has
been given to the City Council, plus an amount reasonably determined by the City
Engineer to be required to assure the performance of any other obligations secured by the
security. The balance of the security shall be released upon the settlement of all 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 warranty period and until any claims filed during the warranty
period have been settled. The warranty period shall not commence until the Warrantee
Bond has been issued and accepted by the City Council, certification of completion by the
City Engineer of all the required improvements has been made, and until final acceptance
of all the work and improvements has been made by the City Council.
e. CITY may retain from any security released an amount sufficient to cover
costs and reasonable expenses and fees, including reasonable attorneys' fees.
6. Injury to Public And Private Improvements, Public And Private Property or
Public And Private Utilities Facilities. SUBDIVIDER shall, at SUBDIVIDER'S expense,
replace or have replaced, or repair or have repaired, as the case may be, all public and
private improvements, public and private property, public and private utilities facilities,
surveying, or subdivision monuments that are destroyed or damaged as a result of any
work under this AGREEMENT. SUBDIVIDER shall bear the entire cost of replacement or
repairs of any and all public and private property or public and private utility property
damaged or destroyed by reason of any work done under this AGREEMENT, whether
such property is owned by the United States or any agency thereof, or the State of
Page 5 of 13 (Subdivision Agreement)
California, or any agency or political subdivision thereof, or by CITY or any public or private
utility corporation or by any combination of such owners. Any repair or replacement shall
be to the satisfaction, and subject to the approval, of the City Engineer.
7. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary
permits and licenses for the construction and installation of the improvements, give all
necessary notices and pay all fees and taxes required by law.
8. Payment of Sewer Connection Fees. SUBDIVIDER shall pay all CITY sewer
connection fees for each building parcel within the Subdivision at the time of issuance of a
building permit for each building parcel. These fees are stipulated in the latest fee
resolution as adopted by the City Council from time to time and are based on water meter
sizes and type of development.
9. Default of SUBDIVIDER.
a. Default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence performance pursuant to this AGREEMENT;
SUBDIVIDER'S failure to timely complete construction of the required improvements;
SUBDIVIDER'S failure to timely cure any defect in the required improvements;
SUBDIVIDER'S failure to perform substantial construction work for a period of ninety (90)
calendar days after commencement of the work, excepting therefrom delays beyond
SUBDIVIDER'S control; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing
of any petition in bankruptcy, either voluntary or involuntary, that SUBDIVIDER fails to
discharge within thirty (30) days; the commencement of a foreclosure action against the
SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of
foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this
AGREEMENT.
b. CITY reserves to itself all remedies available to it at law or in equity for
breach of SUBDIVIDER'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'S
damages in event of default by SUBDIVIDER. 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 required improvements and, therefore,
CITY'S damages for SUBDIVIDER'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 required improvements in accordance with the
improvement plans and specifications contained herein.
Page 6 of 13 (Subdivision Agreement)
c. In the event of SUBDIVIDER'S default under this AGREEMENT,
SUBDIVIDER authorizes CITY to perform such obligation twenty (20) 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.
d. CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the
expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any
excess cost or damages occasioned CITY thereby; and, in such event, 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 for performance of the work.
•
e. Failure of SUBDIVIDER to comply with the terms of this AGREEMENT
shall constitute consent to the filing by CITY of a notice of violation against all the lots in
the
SUBDIVISION or to rescind the approval or otherwise revert the SUBDIVISION to acreage.
The remedy provided by this subsection is in addition to and not in lieu of other remedies
available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for
SUBDIVIDER'S breach shall be within the discretion of CITY.
f. In the event that SUBDIVIDER fails to perform any obligation hereunder,
SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing
performance of such obligations, including costs of suit and reasonable attorneys' fees.
g. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default or breach
or subsequent default or breach of SUBDIVIDER.
h. SUBDIVIDER recognizes that by approval of the final map for the
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the
right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act
necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be
damaged to the extent of the cost of installation of the required improvements by
SUBDIVIDER'S failure to perform its obligations under this AGREEMENT, including, but
not limited to, SUBDIVIDER'S obligation to complete construction of the improvements by
the time established in this AGREEMENT. CITY shall be entitled to all remedies available
to it pursuant to this AGREEMENT and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to
acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by
the SUBDIVIDER shall be within the sole discretion of CITY.
Page 7 of 13 (Subdivision Agreement)
10. Warranty. SUBDIVIDER shall guarantee or warranty the work conipleted by
SUBDIVIDER pursuant to this AGREEMENT, against any defective work or labor done or
defective materials furnished, for a period of one (1) year after certification of completion of
all work and improvements and 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 SUDIVIDER fails to fulfill any of the requirements of this AGREEMENT or
the improvement 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 (20) days after mailing written notice of
default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the cost of such
work by CITY. Should CITY determine that an urgency requires repairs or replacements to
be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall
pay to CITY the cost of such repairs.
11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this AGREEMENT.
12. Injury to Work. Until such time as the required improvements are accepted by
CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the required
improvements constructed or installed. Until such time as the required improvements are
fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any
officer or employee thereof, be liable or responsible for any accident, loss or damage,
regardless of cause, happening or occurring to the required improvements prior to the
completion and acceptance of the required improvements. All such risks shall be the
responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Agreements. Nothing contained in this AGREEMENT shall preclude
CITY from expending monies pursuant to agreements concurrently or previously executed
between the parties, or from entering into agreements with other subdividers for the
apportionment of costs of water and sewer mains, or other improvements, pursuant to the
provisions of CITY ordinances providing therefor, nor shall anything in this AGREEMENT
commit CITY to any such apportionment.
Page 8 of 13 (Subdivision Agreement)
14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final
acceptance of the required improvements, SUBDIVIDER shall give good and adequate
warning to the public of each dangerous condition existent in said improvements, and will
take all reasonable actions to protect the public from such dangerous conditions.
15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and
recordation of the Notice of Completion, ownership of the public improvements constructed
pursuant to this AGREEMENT shall vest in CITY.
16. Indemnity /Hold Harmless.
a. CITY or any officer, agent, or employee thereof shall not be liable for any
injury to persons or property occasioned by reason of the acts or omissions of
SUBDIVIDER, its agents or employees in the performance of this AGREEMENT.
SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and
employees form any and all claims, demands, causes of action, liability or loss of any sort,
including, but not limited to, attorney fees and litigation expenses, because of, or arising
out of, acts or omissions of 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 required
improvements. This indemnification and agreement to hold harmless shall extend to
injuries to persons and damages or taking of property resulting from the design or
construction of the SUBDIVISION, and the required improvements, and in addition, to
adjacent property owners as a consequence of the diversion of waters from the design or
construction of public and private drainage systems, streets and other public and private
improvements.
b. Acceptance by CITY of the required improvements shall not constitute an
assumption by CITY of any responsibility for any damage or taking covered by this
Indemnity /Hold Harmless Section. CITY shall not be responsible for the design or
construction of the SUBDIVISION or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by CITY in
approving the plans or map, unless the particular improvement design was specifically
required by CITY over written objection by SUBDIVIDER submitted to the City Engineer
before approval of the particular improvement design, which objection indicated that the
particular improvement design was dangerous or defective and which included a
suggested safe and feasible alternative design. Except as may be provided above, CITY
shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in
approving, reviewing, checking, or correcting any plans or specifications or in approving,
reviewing or inspecting any work or construction. Nothing contained in this paragraph is
Page 9 of 13 (Subdivision Agreement)
intended to or shall be deemed to limit or waive any protections or immunities afforded by
law to CITY, its officials, agents and employees, by virtue of CITY'S approval of the plan or
design of the improvemnts, including without limitation the protections and immunities
afforded by Government Code Sections 830 -6. After acceptance of the required
improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or
dangerous condition caused by the design or construction defect; however, SUBDIVIDER
shall not be responsible for routine maintenance. Provisions of this Indemnity /Hold
Harmless Section shall remain in full force and effect for ten (10) years following the
certification of all work and improvements and acceptance by CITY of the required
improvements. It is the intent of this paragraph that SUBDIVIDER shall be responsible for
all liability for design and construction of the improvements installed or work done pursuant
to this AGREEMENT and that CITY shall not be liable for any negligence, nonfeasance,
misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or
specifications or in approving, reviewing or inspecting any work or construction. The
improvement security shall not be required to cover the provisions of this Indemnity /Hold
Harmless Section.
17. SUBDIVIDER'S Insurance. SUBDIVIDER shall not commence work under this
AGREEMENT until SUBDIVIDER shall have obtained all insurance required under this
Insurance Section, nor shall SUBDIVIDER allow any contractor or subcontractor to
commence work on his contract or subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained and approved. All requirements
herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
a. Worker's Compensation Insurance.
SUBDIVIDER shall maintain, during the life of this AGREEMENT, Worker's Compensation
Insurance for all SUBDIVIDER'S employees employed at the site of improvement, and in
case any work is sublet, SUBDIVIDER shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractor's or
subcontractor's employees, unless such employees are covered by the protection afforded
by SUBDIVIDER. In case any class of employees engaged in work under this
AGREEMENT at the site of the project is not protected under any Worker's Compensation
law, SUBDIVIDER shall provide, and shall cause each contractor and subcontractor to
provide, adequate insurance for the protection of employees not otherwise protected.
SUBDIVIDER hereby indemnifies CITY for any damage resulting to it from failure of either
SUBDIVIDER or any contractor or subcontractor to take out or maintain such insurance.
b. Public Liability and Property Damage Insurance.
Page 10 of 13 (Subdivision Agreement)
SUBDIVIDER shall take out and maintain during the life of this AGREEMENT such public
liability and property damage insurance as shall insure CITY, its elective and appointive
boards, commissions, officers, agents, and employees, SUBDIVIDER and any contractor
or subcontractor performing work covered by this AGREEMENT from claims for damages
for personal injury, including death, as well as from claims for property damage that may
arise from SUBDIVIDER'S or any contractor's or subcontractor's operations hereunder,
whether such operations be by SUBDIVIDER or any contractor or subcontractor, or by
anyone directly or indirectly employed by either SUBDIVIDER or any contractor or
subcontractor, and the amounts of such insurance shall be as follows:
(1). Public Liability Insurance.
In an amount not less than $1,000,000.00 for including, but not limited to, death, to
any one person and, subject to the same limit for each person, in an amount not less than
$5,000,000.00 on account of any one occurrence:
(2). Property Damage Insurance.
In an amount not less than $1,000,000.00 for damage to property of each person on
account of any one occurrence.
c. Cross - liability Endorsement.
In the event that any of the aforesaid insurance policies provided for in SUBDIVIDER'S
Insurance Section of this AGREEMENT insures any entity, person, board or commission
other than those mentioned herein, such policy shall contain a standard form of cross -
liability endorsement, insuring on such policy CITY, its elective and appointive boards,
commissions, officers, agents and employees, SUBDIVIDER and any contractor or
subcontractor performing work covered by this AGREEMENT.
d. Evidence of Insurance.
SUBDIVIDER shall furnish CITY concurrently with the execution hereof, with satisfactory
evidence of the insurance required, and evidence that each carrier is required to give CITY
at least fifteen (15) days prior notice of the cancellation or reduction in coverage of any
policy during the effective period of this AGREEMENT.
18. Time of the Essence. Time is of the essence of this AGREEMENT.
19. Time Extensions. SUBDIVIDER shall commence substantial construction of
the improvements and shall complete the improvements as required by this AGREEMENT.
In the event good cause exists as determined by the City Manager, which official is herein
referred to as the "City Manager", the time for commencement of construction or
completion of the required improvements may be extended. The request for extension
shall be made in writing to the City Manager. Any such extension may be granted without
notice to SUBDIVIDER'S Surety and shall not affect the validity of this AGREEMENT or
Page 11 of 13 (Subdivision Agreement)
release the Surety or Sureties on any security given for this AGREEMENT. The City
Manager shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, or by strikes, boycotts, similar actions by employees or labor
organizations, which prevent the conducting of work, and which were not caused by or
contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for
completion. As a condition of such extension, the City Manager 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.
20. No Vesting of Rights. Performance by SUBDIVIDER of this AGREEMENT
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
zoning or building law or ordinance.
21. Notices. All notices required or provided for under this AGREEMENT shall be
in writing and delivered in person or sent by mail, postage prepared, and addressed as
provided in this section. Notice shall be effective on the date it is delivered in person or, if
mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows, unless a written change of address is filed with CITY.
CITY: City Engineer
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740 -6379
SUBDIVIDER: Beachwalk 7, LLC
C/O Avalon Homes -
26440 La Alameda
Suite 200
Mission Viejo, CA 92691
22. Litigation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this AGREEMENT, the prevailing party shall be entitled to litigation
costs and reasonable attorneys' fees.
23. Incorporation of Recitals. The Recitals to this AGREEMENT are hereby
incorporated into the terms of this AGREEMENT.
24. Entire AGREEMENT. This AGREEMENT constitutes the entire AGREEMENT
of the parties with respect to the subject matter. All modifications, amendments, or waivers
Page 12 of 13 (Subdivision Agreement)
of the terms of this AGREEMENT must be in writing and signed by the appropriate
representatives of the parties. In the case of CITY, the appropriate party shall be the City
Manager.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the
effective date first written above.
SUBDIVIDER: BEACHWALK 7, LLC CITY OF SEAL BEACH
}
By: TRC Development Cor• oration i1 —
A California C•- oratio Manager Mayor: Patricia •- mpbell
e`3 AT - EST:
By:
City Jerk: Joanne Yeo
Name: (,/
Title:
(Proper Notarization of SUBDIVIDER'S APPROVED AS TO FORM:
signature is required and shall be attached)
City Attorney: Quinn M. Barrow
Page 13 of 13 (Subdivision Agreement)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) /
On
5/1/200/ before me . /I _ _ �._ �: ,._ �, ,,;
Name, Title . dikes (Notary Pub • ) /
419 • •
personally appeared
e personally known to me - OR - proved to me on the basis
of satisfactory evidence to be the personas)' whose name j.$)" is /.a.re-
subscribed to the within instrument and acknowledged to me that
.beershe /executed the same in .his'/her/their authorized
capacity s/ , and that by �h -i.-s /her /their signature Cs}-on the
instrument the person &)-, or the entity upon behalf of which the
person/s+-acted, executed the instrument.
WITNESS my hand and official seal.
. JOAN E LEWIS
lure of Naury) �.
Commission # 1195940
$ t " ; Notary Public - California
/ � _ ' Orange County
�GP dJ LcLJ /.S • My Comm. Expires Oct 5, 2002
dame - Type or t)
• O
r,
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
`t �, Sh '::;..... j ,,��u j: .: -= 1:..:jS.-„, ..,,,„ \i ,,, . ; �.- „'..:��' t : ,•,,..,..� -� �� ,, :., ..,.:. .�� �... , , ,��,,yT., ,�,�, , —, :,,; :fie .'�' ,,,, ,;
iC
w
$
• State of California •
ss.
I` County of Orange
On Of rIl C 0 M\ , before me, Christine S. Jones, Notary Public !
Date I ame and Title of Officer (e.g.. 'Jane Doe. Notary Public”) i
l:■ l
e personally appeared = 0-0-1-1%:_g JO 5y i
Name(a) of Slgner(s) j
g personally known to me 1
• g` °c' ❑ proved to me on the basis of satisfactory i
evidence
J
to be the person(s) whose name(s) is/are i -
•� subscribed to the within instrument and !
�. �., CHRlSTlNE S. JONES
+. acknowledged to me that he/she/they executed t
Commission # 12
• Z ` T ' Notary Public - Califomiq f the same in his /her /their authorized
-t 4 Oran Count capacity(ies), and that by his/her /their (
mYComrn El¢ues
May2t.2i signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) t
r acted, executed the instrument. 4,
iz
i
A ITNES$ my hand and • - 'dal seal. i
I , r 1
. _
� �... is % � ► /1� .. % I
e Place Notary Seal Above Signature of ." r Public
t i
OPTIONAL 1
( • Though the information below is not required by law, it may prove valuable to persons relying on the document j
I ` and could prevent fraudulent removal and reattachment of this oc m - km, to another document. i
• Description of Attached Doc t <Odaa 1) cJ ,jLI J /
�
• T itle or Type of Document 1 • • 11 1 d : _ 1/ .1 • Q Al
,? 4/
Document Date: Number of Pages: /
( Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT
l\ ❑ Individual OF SIGNER
I Top of thumb here
❑ Corporate Officer — Title(s): -,
❑ Partner — ❑ Limited ❑ General I
❑ Attomey in Fact
to ❑ Trustee
❑ Guardian or Conservator ,,
'�
❑ Other:
Signer Is Representing:
-
C:\ ✓'''' '''',`."•.` ✓.Ka'ey:Ce'S',✓'+'✓ ✓: \ ."• +! <� ✓:�ti . ,,,,_•". \ _.?:` ✓:Seim v. :`v ...-,-,2,, :C✓',1,!w%.„5?. , :„ ✓i �:S :�'iCV.. .
01098 Nsaatd Notary Association • 9860 Oe Sob Ave. P.O. Box 2402 • Ct 05vedh. CA 915132402 • ewwirepaWnomry ag Prod No. 5907 Reader Call Tb9-Fruu 1.8008876.882r
r
• •
Bond # BE2617216
Premium $2,396.00
CITY OF SEAL BEACH -
AND
BEACHWALK 7, LLC
SUBDIVISION FAITHFUL PERFORMANCE BOND
TRACT NO. 15832
WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY", _
and BEACHWALK 7, LLC, hereinafter designated as "PRINCIPAL ", have entered into an
agreement identified as City of Seal Beach and Avalon Homes Subdivision Improvement
Agreement Tract No. 15832, dated , 2001, hereinafter
designated as "AGREEMENT', whereby PRINCIPAL agrees to install and complete certain
designated public and private improvements, and which said agreement is 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;
NOW, THEREFORE, we, PRINCIPAL and Gulf Insurance Company, as SURETY, are held
and firmly bound unto CITY in the penal sum of $ 239,627.50, 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
Page 1 of 2 (Faithful Performance Bond)
M • •
reasonable attorney'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 March 28, 2001.
(Seal) (Seal)
SURETY: Gu Insurance Company PRINCIPAL: BEACHWALK 7, LLC
/ Nam BY: TRC Development Corporation
A Cal' ri rporation
By
Signature ignature
Name: Christina M. Ades Name: Scott B. Redsun
Address: 101 W Broadway, Ste. 700 Title: President
San Diego, CA 92101 -8208 Address: 26440 La Alameda, Suite 200
Mission Viejo, CA 92691
APPROVED AS TO FORM: By: _
Signature
Name:
92") Title:
CITY Attorney Address:
Page 2 of 2 (Faithful Performance Bond)
•
GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI •
POWER OF ATTORNEY
- KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly
organized under the laws of the State of Missouri, having its principal office in the city of Irving.
Texas. pursuant to the following resolution. adopted by the Finance & Executive Committee of the
Board of Directors of the said Company on the 10th day of August. 1993. to wit:
"RESOLVED. that the President. Executive Vice President or any Senior Vice President of the
Company shall have authority to make. execute and deliver a Power of Attorney constituting as
Attorney -in -Fact. such persons, firms. or corporations as may be selected from time to time: and any
such Attorney -in -Fact may be removed and the authority granted him revoked by the President. or
any Executive Vice President. or any Senior Vice President. or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED. that nothing in this Power of Attorney shall be construed as a grant of authority to
the attorney(s) -in -fact to sign. execute. acknowledge. deliver or otherwise issue a policy or policies of
insurance on behalf of Gulf Insurance Company."
Gulf Insurance Company does hereby make. constitute and appoint
CHRISTINA M. ADES THOMAS JOEL WRIGHT
of Upland, in the State of California
its true and lawful attorney(s) -in -fact. with full power and authority hereby conferred in its name. place and stead. to sign, execute. acknowledge and deliver in its behalf. as surety. an
and all bonds and undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds. undertakings and documents relating to suet
bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) -in -fact. pursuant to the authority herein given
are hereby ratified and confirmed.
The obligation of the Company shall not exceed Five Million and 00/100 -($5 , 000 , 000.00 * * dollars
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be
hereto affixed.
` RANCE C o GULF INSURANCE COMPANY
j u �PPORq� 6, Zi
SEAL ` P.
•
STATE OF NEW YORK 1 SSO�P� Lcwrence P. Miniter J SS Executive Vice e Presse
ent
COUNTY OF KINGS
On this 15th day of November , 2000 AD., before me carne Lawrence P. Miniter, known to me personally who being by me duly sworn, dic
depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the
corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument:
is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
no trAA N A
1) ,I10 JqF,
O + 0Tq' 9 . - David J a
STATE OF NEW YOR Notary Public. State of New York
SS �j A G 4 No.02JA4958634
COUNTY OF NEW YORK c<` 13 LI -� Qualified in Kings County
OP NO Commission Expires December 30, 2001
1, the undersigned, Senior Vice President of the Guif Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attaches
POWER OF ATTORNEY remains in full force. -
Signed and Sealed at the City of New York. Sa e -
k • �� P ORgT o �- �� ' Dated the _ day of rnv , 20 v(
j y
SEMI ./ V ! z`ei
i
\ a:sso, - George Biancardi
8026 -81 (7/2000) \ $senior Vice President
i+ ' frg -• `It7 4 • / i s rf ,, � r >• ?s � � f `l"'
� IQ {! r I
l'" s L � 1 i t_ii l r i U U U tf . :.f
CALIFORNIA
1
1 „ n .w , ,,- ALL—PURPOSE - 1 1 ,„, + ,4 4 7 - ' - ' f r fi _. ` � �
�s: t ) � 1-} t i`-J " `_ t - 11 1 " i_. � � 2t l tt 5 1 it?t
I'y
);
ACKNOWLEDGEMENT
,i,,
i STATE OF CALIFORNIA )
1 '
COUNTY OF San Bernardino )
i On Z g 01 before me, Judith S. Mendibles. iihl i� r
D T E NAME, TITLE OF OFFICER - E.G., "JANE Notary DOE, NOTARY P PUBLIC" , '
personally pp C hristina M. Ades, Attorney-in-Fact (.,: ~ ersonall appeared, y- l
personally known to me (erpr�oved -te e, e- asis- #.satisfaster- evidence) to be the person(s). c
, f: 1 whose name(e) is /are- subscribed to the within instrument and acknowledged to me that tie /she/
-they executed the same in _his/her/th it authorized capacity(�ies), and that by his/her/#heic i
( " signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(4 acted,
i
I: executed the instrument. _ ��
,
x
A WITNESS my hand and official seal. �' �' Judith S. ti� i'
Mends es
f„� c Comm. #1148796
W -• tit* NOTARY PUBLIC - CALIFORN.
j `..,) _ I' JAM ' .._ I / SEAL. _mmExix A 2 2 NOTARY PUBLI SIGNATURE y
_ ' ) '
i --. -
`� OPTIONAL INFORMATION 2 ' ; ''''' 44 '''-9c ,.. „T — i '
, :
i -'
3,,,
. TITLE OR TYPE OF DOCUMENT
i ii
i DATE OF DOCUMENT NUMBER OF PAGES I"
SIGNER(S) OTHER THAN NAMED ABOVE F=
/JP ., t , '; (1 Wilk? FI 7 :h ti � f �4 .:� I� Y' +� �' "3 it � � � f � '," �� ri rS� i n i3 hs '+ i
/ K
. . ,, .
• • .
.... . CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
jN.._= ,,,,t.-a/.aw?,S_� ��=� ,,. : �U��2.. ...,,K- _ - w�c_ 4;�i»� l t�ac ,?.....?..'�t.- ....$), c., ci �. n> . . 1a NN• s�::T _ :. '2 •
1(
(, State of Californi
(� ss. >>
County of Orange
„
le On A l,� � 1:01, before me, Christine S. Jones, Notary Public
Date/
¢ Name and Title of Officer (e g., "Jane Doe, Notary Public ")
le personally appeared Scott B. Redsun
Name(s) of Signer(s)
personally known to me ':
�e, ❑ proved to me on the basis of satisfactory
i4 evidence
CHRISTINE S. JONES � '
Ce 4 ! . ; Commission # 1264623 to be the person(s) whose name(s) is /are
:=m > . , Norary Public - California - subscribed to the within instrument and
•, Orange County acknowledged to me that he /she /they executed ' -
_-4 MyComm"6cire_May21,2004
the same in his /her /their authorized,
.$, capacity(ies), and that by his /her /their
rG signature(s) on the instrument the person(s), or >>
the entity upon behalf of which the person(s) 1
IF acted, executed the instrument.
i
IG W NESS my hand and official seal. g
/ 4 �.
1 . _ I. . /. / ..", a t ilii d 4 $
IC Place Notary Seal Above Signature of Nota,1•h _
c >
1`
OPTIONAL
le Though the information below is not required by law, it may prove valuable to persons relying on the document
r and could prevent fraudulent removal and reattachment of th' form to a her document.
Descript of Attached Document �G �A Lk L r ,t✓ :1
ie Title or Type of Document: S 1i QDI 0811)&1 rq 1 th fl..L Fp.eriixtnil 1■10_.€ P,o_N p 's)
lC y ',
I� Document Date: Number of Pages: �
ie i .
ie Signer(s) Other Than Named Above: R
ie s
Capacity(ies) Claimed by Signer e
1¢ Signer's Name: RIGHT THUMBPRINT , S
1. ❑ Individual OF SIGNER Pi
C / Top of thumb here
I� El Corporate Officer — Title(s): >
le ❑ Partner — ❑ Limited ❑ General c
❑ Attorney in Fact
$, ❑ Trustee )$'
le ❑ Guardian or Conservator '' .
❑ Other:
i¢
0
le Signer Is Representing: s
C 1
Ki ,,,,.7r� : - t7 '4 1 • - . e ,, .ys'y,t� - • :U` : U yry47.s . ; - e 7 , - rs _y+,Cc 4'w .:y,;✓ „vs ✓•r,,, G'ar, .y -174 .v.4 • :a ,-7i- ✓: c. ',9 •., �
O 1999 National Notary Association • 9350 De Soto Ave , P.O Box 2402 • Chatsworth, CA 91313 -2402 • www netronaNatary org Prod. No 5907 Reorder Call Toll-Free 1- 900- 976.6927
• ir_. _ ... 0 0
Bond #BE2617216
Premium $ included
CITY OF SEAL BEACH
AND
BEACHWALK 7, LLC
SUBDIVISION LABOR AND MATERIALS BOND
TRACT NO. 15832
WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY ",
and BEACHWALK 7, LLC, hereinafter designated as "PRINCIPAL ", have entered into an
agreement identified as City of Seal Beach and Avalon Homes Subdivision Improvement
Agreement Tract No. 15832, dated , 2001, hereinafter
designated as "AGREEMENT ", whereby PRINCIPAL agrees to install and complete certain
designated public and private improvements, and which said agreement is 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 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
NOW, THEREFORE, we, PRINCIPAL and Gulf Insurance Company, as 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 the
aforementioned Civil Code provisions, in the penal sum of $ 239,627.50 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
Page 1 of 2 (Labor and Materials Bond)
.r; ` • •
(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.
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 March 28, 2001.
_ (Seal) (Seal)
SURETY: Gulf Insurance Company PRINCIPAL: BEACHWALK 7, LLC
Name BY: TRC Development Corporation
A California Corporation
By: - :y. l i
Signature 9 Signature
Name: Christina M. Ades Name: Scott B. Redsun
Address: 101 W Broadway, Ste. 700 Title: President
San Diego, CA 92101 -8208 Address: 26440 La Alameda, Suite 200
Mission Viejo, CA 92691
APPROVED AS TO FORM: By:
Signature
�� Name:
Title:
CITY Attorney Address:
Page 2 of 2 (Labor and Materials Bond)
...: • •
GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI
POWER OF ATTORNEY
- KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly ,
organized under the laws of the State of Missouri, having its principal office in the city of Irving.
Texas. pursuant to the following resolution, adopted by the Finance & Executive Committee of the
Board of Directors of the said Company on the 10th day of August. 1993. to wit:
"RESOLVED, that the President Executive Vice President or any Senior Vice President of the
Company shall have authority to make, execute and deliver a Power of Attorney constituting as
Attorney -in-Fact, such persons. firms. or corporations as may be selected from time to ume: and any
such Attorney- in-Fact may be removed and the authority granted him revoked by the President. or
any Executive Vice President. or any Senior Vice President or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to
the attorney(s) -in -fact to sign. execute. acknowledge. deliver or otherwise Issue a policy or policies of
insurance on behalf of Gulf Insurance Company
Gulf Insurance Company does hereby make. constitute and appoint
CHRISTINA M. ADES THOMAS JOEL WRIGHT
of Upland, in the State of California
its true and Lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name. place and stead. to sign, execute, acknowledge and deliver in its behalf. as surety. a
and all bonds anc undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to sw
bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) -in -fact. pursuant to the authority herein give
are hereby ratified and confirmed.
The obligation of the Company shall not exceed Five Million and 00/100 -05,000,000 .00** 1 1 dollar
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to t
hereto affixed. -
u sANCe
♦�� Q POR 0 rr 7 GULF INSURANCE COMPANY
SEAL J P. 9--t,_
.4....e STATE OF NEW YORK 1 SS Executive Vie President
COUNTY OF KINGS
On this 15 th day of November , 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, d
depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, tt
corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrumen
is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
PJ \D JqF�
Yyvv
C) +0 Tq.9_,. David J a
STATE OF NEW YORK Notary Public. State of New York
SS TA . \--, No. 02JA4958634
COUNTY OF NEW YORK t�` Qualified in Kings County
nc
I NE. Commission Expires December 30, 2001
I. the undersigned, Senior Vice President of the Gulf Insurance Company. a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attach.
POWER OF ATTORNEY remains in full force. - LJ�
Signed and Sealed at the City of New York. S e o Dated the l�uu day Qi7 y o f otoe,�, , 20 0 /
♦ +,
(
Geor a Biancardi
806 -BI (7/2000) senior Vice President
e 'ts' d a '# z, r 7 " P" i? : it x f l'
i FrT � n:� :rR ti . , + .t g * " ; 7j?T s3 } � i �
u7 � �
s � � , . ! d � ( na � f , a ��{ i'�V -'. r � j
U �
i CALIFORNIA ' i
C
i I I f' ^•i� .r � ,�c -i � -_ - � � ALL- PURPOS = r
i , 1;
il
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
7 COUNTY OF San Bernardino )
(' J I
On 3/ 2 �J 6 1 before me, Judith S. Mendibles, Notary P1ihl it , t.,
D NAME, TITLE OF OFFICER - E.G., "JANE DOE, N TARY PUBLIC" . 4
l'' : -, personally appeared, Christina M. Ades, Attorney -in -Fact 1
personally known to me (proved, he-besis-ofsatisfa vi derace) to be the person(s� `_
l whose name(} 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/her1theic
i signature(s)-on the instrument the person(.), or the entity upon behalf of which the persons acted, ! , 1
executed the instrument.
■/ I
`f' `',� Judith - - -
WITNESS my hand and official seal. . ,� ' `ti S M an d ibles
F. /�_ ��r,.. Co m m. #1 148 7 96 y
� V �B�Y NOT ARY PUBLIC • CALIF i c
4 S i ;C 7 �� SAN BERNARDINO COUN 0
i
) Comm. Exp. Aug. 23, 2001 -+
I .�� .•� /1k � ,�,,. 1! , , (SEAL) - - - - - - - - - - - - d � NOTARY PUBLIC S - NATURE
i
i ic ,,-- 4 ,., T , OPTIONAL INFORMATION •l , �' `
r _ , TITLE OR TYPE OF DOCUMENT
i �^= . , DATE OF DOCUMENT NUMBER OF PAGES
I
SIGNER(S) OTHER THAN NAMED ABOVE . •
7 � I l ,` l 7 n . f l 2 n +tt T) f�. t'l�t t � , 1 ~ — ' M I
` \ j J 'I
� � � 7 i ti sI �• _ .,'��j' L / A -1,_ kt '� rs �� _,:... \s �� i ,
• •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
S..:::,.,. -. <sae ?a5.v„a..„ n .,>,si ,.7,e, >...-,.rS:. as��S d e��a �c +�._-,.C: :w . ,. „,,,S.� > a,ra �.i e :.. „.....,,,..........7........
(
iy State of California it
ss.
County of Orange '
I( 9 J
e On / 7riL 7 � 4� QI , before me, Christine S. Jones, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
e personally appeared Scott B. Redsun
Name(s) of Slgner(s) ': �
j personally known to me ;
.G ❑ proved to me on the basis of satisfactory
Y evidence r
r �� y-= to be the person(s) whose name(s) is /are ;?
4 �.� om r r TINE S. 12 vF subscribed to the within instrument and ?
h < % _ Notary P Public - )264623 z a cknowledged to me that he /she /they executed
Norary �b,ic - California > ,.
� ` -.04..., Orange County [�( the same in his /her /their authorized y
MyCornm.Exptres May21.20041" capacity(ies), and that by his /her /their >>
'G signature(s) on the instrument the person(s), or >>
the entity upon behalf of which the person(s)
le acted, executed the instrument.
!C
(e i ITNESS my hand and official seal. 5
•
Place Notary Seal Above Signature of N .r ubllc ;
OPTIONAL
IQ. Though the information below is not required by law, it may prove valuable to persons relying on the document
I., and could prevent fraudulent removal and reattachment ��ofthis form to another document. ,
a D e scription of Attached ocument A KJ � / 1 �c
it Title or Type of Document: Q I v / Q L!j(f3Oe 7 /
Document Date: Number of Pages: _ J
C a l
1
i . Signer(s) Other Than Named Above:
e
Capacity(ies) Claimed by Signer - y,
(
I. Signer's Name: RIGHT THUMBPRINT $'
t • ❑ Individual OF SIGNER P,
IQ; / Top of thumb here 'A
N ❑ Corporate Officer — Title(s): _
12 ❑ Partner — ❑ Limited ❑ General
, ❑ Attomey in Fact)
lg ❑ Trustee N
le ❑ Guardian or Conservator y' •
h ❑ Other:
I
:¢ Signer Is Representing:
�✓+- ✓, ,, ,, -:7 •-y - ✓.-6 .-, •:r ±. ,,,,,( , y, +_.9We era - v ,- 74 - or.:1•74 ,...NA.,' .y: ✓ W-'l - v - .t - •. ✓r• - r , ` y, w. a.,. - -.
0 1999 Naeonal Notary Associates • 9350 De Soto Ave , P.O Box 2402 • Chatsworth, CA 91313 -2402 • www nahonalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800 - 876 -6827
. • . •
Bond # BE2617218
.: Premium: $100.00
CITY OF SEAL BEACH
AND
BEACHWALK 7, LLC
SUBDIVISION MONUMENT BOND -
TRACT NO. 15832
WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY",
and BEACHWALK 7, LLC, hereinafter designated as "PRINCIPAL ", have entered into an
agreement identified as City of Seal Beach and Avalon Homes Subdivision Improvement
Agreement Tract No. 15832, dated , 2001, hereinafter
designated as "AGREEMENT', and which said AGREEMENT is made a part hereof; and
whereby PRINCIPAL has presented to the CITY for its approval a Final Subdivision Map,
which Map carries the Engineer's or Surveyor's certificate that the monuments will be set on
or before a specified later date; and
WHEREAS, PRINCIPAL is obligated by the AGREEMENT to insure the setting of
monuments to guarantee payment to the Engineer or Surveyor for setting such monuments
in the subdivision, and as a prerequisite to the approval of the Final Subdivision Map; and
NOW, THEREFORE, we, PRINCIPAL and Gulf Insurance Company, as SURETY, are held
and firmly bound unto the CITY in the penal sum of $ 4,000.00, 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 and severally by these
presents.
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
installation of monuments and stakes as specified, in the Final Subdivision Map and the
AGREEMENT, 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 2 (Monument Bond) •
• . • •
reasonable attorney'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 March 28, 2001
(Seal) (Seal)
SURETY: Gulf Insurance Company PRINCIPAL: BEACHWALK 7, LLC
Name BY: TRC Development Corporation
A Califo�rni�• .oration
By: Cearl : -
Signature Signature
Name: Christina M. Ades Name: Scott B. Redsun
Address: 101 W Broadway, Ste. 700 Title: President
San Diego, CA 92101 -8208 Address: 26440 La Alameda, Suite 200
Mission Vieio, CA 92691
APPROVED AS TO FORM: By:
Signature
� _ Name:
o� 6 Title:
CITY Attorney Address:
Page 2 of 2 (Monument Bond) •
• . •
GULF INSURANCE COMPANY
• ST. LOUIS, MISSOURI
POWER OF ATTORNEY
- KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company. a corporation duly
' organized under the laws of the State of Missouri. having its principal office in the city of Irving,
Texas. pursuant to the following resolution. adopted by the Finance & Executive Committee of the
Board of Directors of the said Company on the 10th day of August. 1993. to wit:
"RESOLVED. that the President. Executive Vice President or any Senior Vice President of the
Company shall have authority to make. execute and deliver a Power of Attorney constituting as
Attorney -in- Fact, such persons. firms. or corporations as may be selected from time to time: and any
such Attorney -in -Fact may be removed and the authority granted him revoked by the President. or
any Executive Vice President. or any Senior Vice President. or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED. that nothing in this Power of Attorney shall be construed as a grant of authority to
the attorney(s) -in -fact to sign, execute. acknowledge, deliver or otherwise issue a policy or policies of
insurance on behalf of Gulf Insurance Company."
Gulf Insurance Company does hereby make. constitute and appoint
CHRISTINA M. ADES THOMAS JOEL WRIGHT
of Upland, in the State of California
its true and Lawful attorney(s) -in -fact. with full power and authority hereby conferred in its name. place and stead. to sign, execute, acknowledge and deliver in its behalf, as surety. am
and all bonds and undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to suct
bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) -in -fact. pursuant to the authority herein given
are hereby ratified and confirmed.
The obligation of the Company shall not exceed Five Million and 00/100 -( $ 5 , 000 , 000.00 * **) dollars
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be
hereto affixed.
9o RANce
.� c o GULF INSURANCE COMPANY
uOQPORgr, do /� 911:,_,--t.-_ SEAL J .
'i Lawrence P. Miniter
STATE OF NEWYORK 1 SS Executive Vice President
COUNTY OF KINGS
On this 15 th day of November , 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, dic
depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the
corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument:
is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name. thereto by like order.
P �10 Jq,�.
Vyvv�
O ? CTg9 1- David J a
rn Y Notary Public. State of New York
STATE OF NEWYORK 1 SS -� ,o o No. 021/X4958634 COUNTY OF NEWYORK o UBL ' A Qualified in Kings County
et Commission Expires December 30, 2001
1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attache!
POWER OF ATTORNEY remains in full force. -
VRANce
Signed and Sealed at the City of New York. /k % a OP .0 c c '4 Dated the 0 44-
day of r „ ,��� �G/ , 200i
a c , F 7 /f�
° S EAL i �,�
y, SS0' George Biancardi
8026 -B1 (7/2000) • $senior Vice President
s + r. 1')'A t A tit
f. fls U L J4 g 4 �y � i i �,U. Lli ?±� , ,ii ..'� U Sjl U :y —1i liJiii d �I )
C
ms's` '.l .•i
iw wh' CALIFORNIA
r, CC�3jr t; £f�F F I
s tn , ; �Cy�w'� *N���
�' , r � ALL — PURPOSE — :. Y:,
P v r �=
'
/ � ` � `" � % Iis �, t — } i J r� ti-r 6� r5,t c
I._. 1!
;} ACKNOWLEDGEMENT;
, ,.
': .,, STATE OF CALIFORNIA )
( COUNTY OF San Bernardino )
On 3 / 24 / 0 1 before me, Judith S. Mendibles, Notary Piih1 ir J
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
Y �
-� personally appeared, Christina M. Ades, Attorney —in —Fact 1
personally known to me (brprmed �ebasis ofeatisfacte avider�ce) to be the persons)- ` -
f whose name(e} is/are- subscribed to the within instrument and acknowledged to me that be /she/
-they executed the same in his/her/their authorized capacity(ies), and that by his /herltheic
- , signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(, acted,
i ) executed the instrument.
l
WITNESS my hand and official seal. ^*, Judith S. Mendibles •
I re 4 Comm. #1148796
s O ti i.• %B!1 NOTARY PUBLIC • CAUFORN
/' S AN BERNARDINO COUNTY y ' !Y C om m . Exp. Aug. 23.2001
�aL
w_ : .� •�,�� I� ! - , - (S EAL)
N OTARY P UBLI - SIGNATURE c
r �
sr � � � r ''A
� 1 t t �t ,, r t 1 4 i C..
R_ OPTIONAL INFORMATION , r t�
i TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES k- .,1
SIGNER(S) OTHER THAN NAMED ABOVE ..,„„
- y {! : t'��'{`0 fl -L .l / I ' t4 } t 1 n t 1Y n sn - N
I
�' S} ^ '{� ��s., rt -�'t s t 1�i s. �t � � ,�� � t � J • ,�, � �.. r _r� /� kti,tti •..,� �yi � ���c;
• • •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
s,..�..,.„S,:i.•,.. =ti4.C.= , . .. sic �L.oaS... ...,t,.� ',.v.sx, :• .......;- �...." s1 ,v >,.c�. -.1..S. L�c, :=`, : • =at,.a ?t ,:.J7,
I E
G State of California
6, ss.
County of Orange 5 .
f,
l' On I , before me, Christine S. Jones, Notary Public
2 Da Name and Title of Officer (e.g., ''Jane Doe, Notary Public ") ,p
e
I . personally appeared Scott B. Redsun
I C Name(s) of Signer(s)
y g personally known to me ')
�.. ❑ proved to me on the basis of satisfactory
I:, evidence
r c
(,, ..� CHRISTINE S. JONES to be the person(s) whose name(s) is /are
iii:_ Cofnrnission # 1264623 IZ subscribed to the within instrument and y ,
h . •,i, Notary Public - California a cknowled acknowledged to me that he/she/they executed
i4 z'..� Orange County 9 Y Y
Q � -' ' MyCamm.l,esMay21,2004 the same in his /her /their authorized
re, capacity(ies), and that by his /her /their
r signature(s) on the instrument the person(s), or >> .
(ci the entity upon behalf of which the person(s)
acted, executed the instrument. "`
ici IC y
I;: WITNESS Jny hand and official seal.
I ... 4 / d l _ ( 1�� /A
.IC Place Notary Seal Above ignature of No ," blic t)
OPTIONAL
la;. Though the information below is not required by law, it may prove valuable to persons relying on the document
G and could prevent fraudulent removal and reattachment of this form to another document.
1. Description of Attached cument 0�i11 �N L� L� 'L y
( Title or Type of Document: (,U b l 0/810/0 oil) /"Y)cc/J f 041h
' Document Date: Number of Pages:
e
1 Signer(s) Other Than Named Above: s
(e
Capacity(ies) Claimed by Signer
I, Signer's Name: RIGHT THUMBPRINT $
(, s' ❑ Individual OF SIGNER
�•
IN / Top of thumb here
le, ❑ Corporate Officer — Title(s): S
l y ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
I: ❑ Trustee '4
l,0 ❑ Guardian or Conservator 's
I¢ ❑ Other: - qq
1¢ yJ
Signer Is Representing: y
I( ,,
, .. a /t : ,- ,- -- �*'✓, - e 4 '?" , a•p .:vG - vr . yZ"±' �rre,rerr,L • :r.C✓ . . ✓: 0-r: y: 'yG"e, .• yC. • ,.e. rgey".9" tr. '.9' a'- • V' `a
01999 National Notary Association • 9350 De Soto Ave , P.O. Bon 2402 • Chatsworth, CA 91313 -2402 • wow nat onalnotary.org Plod. No. 5907 Reorder Call Toll -Free 1-800-876-6827
• •
Bond # BE2617216
Premium $included
CITY OF SEAL BEACH
AND
BEACHWALK 7, LLC
SUBDIVISION WARRANTY BOND
TRACT NO. 15832
WHEREAS, the City of Seal Beach, State of California, hereinafter designated as "CITY",
and BEACHWALK 7, LLC, hereinafter designated as "PRINCIPAL ", have entered into an
agreement identified as City of Seal Beach and Avalon Homes Subdivision Improvement
Agreement Tract No. 15832, dated , 2001, hereinafter
designated as "AGREEMENT ", whereby PRINCIPAL agrees to install and complete certain
designated public and private improvements, and which said agreement is 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;
NOW, THEREFORE, we, PRINCIPAL and Gulf Insurance Company, as SURETY, are held
and firmly bound unto CITY in the penal sum of $ 59,906.88, 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 and severally by these
presents.
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.
Page 1 of 2 (Warranty Bond)
•
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.
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 March 28, 2001
(Seal) (Seal)
SURETY: Gulf Insurance Company PRINCIPAL: BEACHWALK 7, LLC
/ Name BY: TRC Development Corporation
/ A Califor 'a- poration
By , 2 By
Signature ignature
Name: Christina M. Ades Name: Scott B. Redsun
Address: 101 W Broadway, Ste. 700 Title: President
San Diego, CA 92101 -8208 Address: 26440 La Alameda, Suite 200
Mission Viejo, CA 92691
APPROVED AS TO FORM: By:
Signature
Name:
Title:
CITY Attorney Address:
Page 2 of 2 (Warranty Bond)
•
•
GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI . '
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company. a corporation duly
organized under the laws of the State of Missouri, having its principal office in the city of Irving.
Texas, pursuant to the following resolution. adopted by the Finance & Executive Committee of the
Board of Directors of the said Company on the 10th day of August. 1993. to wit:
"RESOLVED, that the President. Executive Vice President or any Senior Vice President of the
Company shall have authority to make. execute and deliver a Power of Attorney constituting as
Attorney -in -Fact. such persons. firms. or corporations as may be selected from time to time: and any
such Attorney -in -Fact may be removed and the authority granted him revoked by the President. or
any Executive Vice President. or any Senior Vice President, or by the Board of Directors or by the '
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to
the attorneys) -in -fact to sign. execute. acknowledge. deliver or otherwise issue a policy or policies of
insurance on behalf of Gulf Insurance Company."
Gulf Insurance Company does hereby make. constitute and appoint
CHRISTINA M. ADES THOMAS JOEL WRIGHT
of Upland, in the State of California
its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name. place and stead. to sign. execute, acknowledge and deliver in its behalf, as surety. an
and all bonds and undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to suet
bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) -in -fact. pursuant to the authority nerein given
are hereby ratified and confirmed.
The obligation of the Company shall not exceed Five Million and 00/100 -( $ 5 , 000 , 000.00 * **j dollars
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be
hereto affixed.
URANCg
J �� U OPpCgg r� ' GULF INSURANCE COMPANY
SEAL `
4. 1S S0 e % Lawrence P. Miniter
STATE OF NEWYORK 1 SS Executive Vice President
COUNTY OF KINGS
On this 15th day of November , 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, dic
depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the
corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument:
is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name. thereto by like order.
rb (AA A nA,{ } 4,4_____
PJ \D JqFA,
% David J a
to Y Notary Public. State of New York
STATE OF NEWYORK } S y� A o No. 02JA9958634
COUNTY OF NEWYORK E 3'.- A Qualified in Kings County
F NO Commission Expires December 30.2001
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attaches
• POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of New York. (;;RANcE C QFoR,, Dated the Z�` day of /M �� f , 20 d ` SEA: .� Tfe--a---■--e--f_,X
4 'S$2`e Geor a Biancardi
8026 -01 (7/2000) 4enior Vice President
� ,,, 1 � '; ra r� ' r 17, (, \ i - htt t . ' s ',, 6 1 f �l Iv4 . ; t`f 5 , ,it P � 1 7 "4 � 'q _ 41i r+ r.
CALIFORNIA
I I ;rr L ,' - , r,� F �b¢N'�' 1 i, n c'. " rf
M �F
F�` � ti' 3{ ~` t 1 � U . 1 ,
h 1 1 t. 5 7
`fT 7 u ALL—PURPOSE 11 nI T rl j.5 1� -�
r
N :4 ' l lY' �,t �, 1. 1 f�
,
-
f7 � 1 1 `
Y -
Inc
i
ACKNOWLEDGEMENT
( :
e
STATE OF CALIFORNIA )
,-
: ..:. COUNTY OF San Bernardino )
c
On 3/ /"
i
DATE me, Judith S. Mandibles, Notary Pub"! , r ,
' :
j `_ DATE - NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" c
,' Christina M. Ades, Attorney —in —Fact
personally appeared,
personally known to me (orpr ed-teRe-en -basi - ofsatisfa awdei ce.) to be the person(s). --
. i whose name(e. is /ar$ subscribed to the within instrument and acknowledged to me that tie /she/ _
mil l
-they executed the same in his/her/their authorized capacity(ies), and that by his/her/their c r
lsignature(s}on the instrument the person(s), or the entity upon behalf of which the person(s). I
actedi ,
r �� - _
. executed the instrument.
(" WITNESS my hand and official seal. ,� !.
�:�
� * , . dit ■
S. AA
� t'- . Co mm endibl p
%.,-s t .
3 � I �SAnj g P UBL/C 1 _ C 87 I
1
- �� �� _ � r . - (SEAL) - - C►nn►- gyp, Aug. O Cp iv ,
// _ o R INp F
23 . 2001 0
i ,
NOTARY PUBLI• SIGNATURE
,
Hf: OP TIONAL INFORMATION `'
:"
Y tt.
�- -II
'
K .;1
, TITLE OR TYPE OF DOCUMENT
Y : -
DATE OF DOCUMENT NUMBER OF PAGES
c
`_' SIGNER(S) OTHER THAN NAMED ABOVE
Vii
I. M1
t , I(' '(�I .1�' � I 75 }r 5 tkt f1 P1 ^ �
/r'.i *Tin , ,5 <'i'k5 ^ iri n 1 .� l �w ' , �-4 - -iy�) a,,, - ..emu ` '. l l6 ,a 1 &' 7 n . '
_ - } a -. t5 .6ss y \ [ y §��ss 7
• •
•
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
a .?,. �s..,aA %;:,,,� ..tea �, 7, ,,....ct.. ,.....?.t.. ., ...�� =a . ?u,.�,. %a,,.. =-�.. ,, ,, . ice ._ c_., . ,,,....:„...,....,...:=
�y State of California
: Count of Orange ss. ?
k:
Ici 'k
, Onjr"/ I 9 BOO ', before me, Christine S. Jones, Notary Public
Dais Name and Title of Officer (e g., ' Jane Doe. Notary Public ")
ie. personally appeared Scott B. Redsun ,
I ` Name(s) of Signer(s) ,J
le. g personally known to me >
❑ proved to me on the basis of satisfactory
9: evidence r.
v.
e to be the person(s) whose name(s) is /are p.; r = S. J ONES subscribed to the within instrument and .; G ` r _mmission # 1264623 acknowledged to me that he /she /they executed 'r'
Public - California
Y
: Nota Orange County the same in his /her /their authorized y
e ` . ?�� My � capacity(ies), and that by his /her /their ;,
e signature(s) on the instrument the person(s), or w�
the entity upon behalf of which the person(s)
acted, executed the instrument.
iC >>
1,: "i
le WITNESS my hand and official seal.
/
I Place Notary Seal Above gnature • Notary Pu• Ic
Ie / )1
Ic
OPTIONAL
I Though the information below is not required by law, it may prove valuable to persons relying on the document
e and could prevent fraudulent removal and reattachment of this form to another document. A
( Description of Attached Document 1
Ie Title or Type of Document: _ ' £ I _ l ! �'A L •Cr
le
ic.. Document Date: Number of Pages: R
I
ie Signer(s) Other Than Named Above:
i Capacity(ies) Claimed by Signer A
I . Signer's Name: RIGHT THUMBPRINT % S
IC El Individual OF SIGNER
f „ / Top of thumb here
I. ❑ Corporate Officer — Title(s): ',
i e ❑ Partner — ❑ Limited ❑ General
i ❑ Attorney in Fact
❑ Trustee
g ❑ Guardian or Conservator o
❑ Other: ,9)
r
i Signer Is Representing:1
e
„...,,,`•, .,--.l , - :y.��'.-,., '.v - ✓ r,, ,,,, .V - y ,, "'el' - .vL'`z'Yc'NZ'y y -:iG`:✓ `may" Jr-;r a!'.t, "A, • `, -.- S
01999 National Notary Association • 9350 De Soto Ave , P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotery.org • Prod. No. 5907 Reorder Call Toll - Free 1-800-876.8827 .
•