HomeMy WebLinkAboutINTEGRAL COMMUNITIES I, INC.-2007
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AGREEMENTFORTHE~ROVEMENT ~
OF TRACT NO. 16626
AGREEMENT, made and entered into this "25'" day Of~, 200Jey and between the CITY OF
SANTA ANA, a municipal corporation of the State of Califoinia, fereinafter called CITY, and IN1EGRAL
COMMUNITIES I, INC. hereinafter called "Subdivider"
WITNESSETH:
WHEREAS, SUBDIVIDER is engaged in subdividing that certain tract of land known and designated as Tract
No. 16626 situated in the City of Santa Ana, County of Orange, State of California; and
WHEREAS, a final map of said Tract No. 16626 has been filed with the Clerk of the Council and ex-oflicio City
Clerk of the City of Santa Ana for presentation to said Council for its approval, which map is hereby referred to and by
said reference incorporated herein; and
WHEREAS, Subdivider has requested approval of said final map prior to the completion of improvements of all
public or private streets, highways, alleys, bike trails, pedestrian ways or other public ways, easements and drainage,
water, and sanitary sewer facilities which are a part of or appurtenant to the above-mentioned subdivision, including, but
not limited to, the necessary street grading and paving, curbs and gutters, sidewalks, driveway approaches, pipes, catch
basins, water mains, water services, fire hydrants and appurtenances, sanitary sewer mains, laterals and appurtenances,
drainage mains, inlets, laterals and appurtenances, street trees, street name signs, and ornamental street lighting,
including electric conduits and cables, all in accordance with and as required by applicable provisions of the Santa Ana
Municipal Code and in accordance with the approved plans, Standard Specifications for Public Works Construction
(AGC-APW A Green Book) and Supplemental Special provisions; and
WHEREAS, the Council of the said City on 1) e.t.e M bel'" ~, '2067 approved said
final map and accepted the dedications therein offered, subject to and on cOndition that Subdivider first enter into and
execute this agreement with the City, and provide the City with such bonds and insurance and all other things as required
herein.
NOW, THEREFORE, in order to insure satisfactory performance by Subdivider of his obligations, in order to
meet the requirements of the Santa Ana Municipal Code, and in consideration of the approval of said final map and
acceptance of the dedications therein offered, the parties hereto do hereby agree as follows:
1. Subdivider shall construct all of the improvements and do all the work hereinabove or hereinafter mentioned, all
in accordance with and to the extent and as provided in the above-mentioned plans, specifications and special provisions
for the construction of the above said improvements in, for, or appurtenant to said subdivision, and in compliance with
City's Municipal Code and the laws of the State of California, and shall complete the same within twelve (12) months
from the date hereof.
2. Subdivider shall, before the release of said final map by City, and as a condition precedent to the recordation
thereof, furnish to the City and file with the City Clerk good and sufficient bonds in a form to be approved by the City
Attorney as follows:
a) securing the faithful performance by Subdivider of all work and the construction of all improvements herein in
this agreement mentioned, and within the time herein specified, the amount of said bond to be Nine Hundred
Fifty Thousand and OO/xx DOLLARS ($950.000.00),
b) securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all
said improvements, and the doing of all work herein agreed to be done by Subdivider, the amount of said bond to
be Four Hundred Seventy Five Thousand and OO/xx DOLLARS ($475.000.00),
c) guaranteeing the payment of the cost of setting survey monuments, the amount of said bond to be Three
Thousand Five Hundred and OO/xx DOLLARS ($3.500.00),
Page 1 of3
d) guaranteeing the City for a period of one (1) year following the completion and acceptance of the work herein
agreed to be performed by Subdivider against any work or labor done, or materials furnished which are defective
or not in accordance with the terms of this agreement, the amount of said bond to be Ninety Five Thousand and
OO/xx DOLLARS ($95.000.00).
3. Subdivider does hereby expressly agree to indemnify and hold harmless the City, its oflicers, agents and
employees, from any and all loss of damage, and from any and all liability for any and all loss and damage and from any
and all suits, actions or claims filed or brought by any and all persons or person because of or resulting from the doing by
Subdivider of any and all things required of Subdivider by this Agreement, or because of or arising or resulting from the
failure or omission by Subdivider to do any and all things necessary. to and required by this Agreement or by law, or
arising or resulting from the negligent doing by Subdivider, its agents, employees, contractors or subcontractors of any and
all things required to be done by this Agreement, or arising or resulting from any dangerous or defective condition arising
or resulting from any of the above said acts or omissions of Subdivider, its agents, employees, contractors or
subcontractors, or arising or resulting from any dangerous or defective condition arising or resulting from any negligence
on the part of Subdivider, its agents, employees, contractors or subcontractors.
4. Because Subdivider has, by his certificate upon the above-mentioned subdivision map, certified that he can
convey to City clear title to the land within said subdivision and because City has relied upon said certificate and the
representations contained therein, can because Subdivider has been required, as a condition precedent to approval of the
tentative map for said subdivision, to convey, before recording of the final map, clear title to certain land outside and
appurtenant to the subdivision for streets, highways, alleys, bike trails, ways and easements which the appropriate oflicer
or agency of the City of Santa Ana has determined to be necessary for the general use of the lot owners in the subdivision
and local neighborhood traffic, drainage and sanitary needs and has conveyed to the City such land in order that the said
final map may be recorded, and because the City has relied upon said conveyances as conveying to City clear title to such
land, the provisions of Paragraph 3 are specifically made to apply to the destruction or damage to or removal of utilities,
water lines or pipe lines of any kind, or any other improvement, whether said destruction, damage or removal is required
or caused by the plans or specifications or by direction of an oflicer, agent or employee of the City.
5. Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation
thereof, furnish to City and file with the City Clerk policies of public liability insurance, with the City, its oflicers and
employees therein named as the insured, insuring said insured against loss or liability for bodily injury and property
damage arising or resulting from Subdivider's operations and activities in the construction of any and all improvements
mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the above-
mentioned subdivision, and/or arising or resulting from the doing or failure of Subdivider to do all things required to be
done pursuant to this agreement. Said policies of insurance shall be subject to approval by the City Attorney or such other
person as the City Council may designate as the person authorized to approve such policies of insurance.
6. Subdivider shall pay to City sanitary sewer connection fees and sewer mains and lateral charges as a condition
precedent to the issuance of sewer main or lateral construction permits in accordance with Sections 39-52 and 39-53 of
the Santa Ana Municipal Code.
7. Subdivider shall, before the recording of said final map by City, pay to the City the sum of N/A DOLLARS ($
N/A) for storm drainage fees in connection with the said subdivision, in accordance with Section 34-193, Santa Ana
Municipal Code.
8. Subdivider shall pay City water main charges for any existing water mains, fire hydrants or water services
furnished or installed by City and as a condition precedent to the issuance of water line and water service permits in
accordance with Section 39-22 of the Santa Ana Municipal Code.
9. Subdivider has elected to have City furnish and install the street name signs and street striping shown on and
required by the plans and described in the specifications and Subdivider shall, before the release of the final map by City
and as a condition precedent to final map release, pay to the City for the furnishing and installing of such signs and street
striping the sum of N/A DOLLARS ($ N/A), in consideration of such payment, City agrees to furnish and install said
street name signs and street striping in accordance with the said plans and specifications within a reasonable time after
such payment.
10. Subdivider shall pay Edison Company for the furnishing and installation of concrete street light standards at
Page 2 of3
locations shown on and required by the plans and specifications and Subdivider shall excavate the trenches and place
conduit at the locations shown on and required by the plans and specifications. The street light installation and conduit
placement shall be accomplished as a part of the improvements under this agreement.
11. Subdivider shall pay to the City such amount offees as may be determined by City's Director of Public Works to
be applied by City to the payment of expenses to be incurred by City for map and plan checking and engineering and
inspection services to be performed by City in connection with the said subdivision. The above said monies to be paid for
map and plan checking and engineering and inspection shall be paid to the City of Santa Ana as a condition precedent to
approval of plans and permits for inspection.
12. Subdivider certifies that it pays employees, if such are employed, not less than the minimum wages as required
by law, and that it will not discriminate against any employee or applicant for employment because of race, color, religion,
sex or national origin. Subdivider will take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Subdivider agrees to post in conspicuous places, available to employees and applicants for
employment, notices as may be provided by the City setting forth the provisions of this non-discrimination clause.
13. If the construction of said improvements should be delayed without fault on the part of the Subdivider, the time
for the construction of same may be extended by the Council of the City of Santa Ana for such period of time as it shall
deem reasonable.
WITNESS THE EXECUTION HEREOF, the day and year first hereinabove written.
ATTEST:
~
CITY OF SANTA ANA
AmUnici~&2-- _
Mayor C r~ /1k"'C>J~
APPROVED AS TO FORM:
r
Integral Communities I, Inc.
By tM
Craig Manchester, President
160 Newport Center Drive, Suite 240
Newport Beach, CA 92660
Page 3 of3
CITY OF SANTA ANA Exhibit "A"
PUBLIC WORKS AGENCY
20 Civic Center Plaza, M-93
Santa Ana, California 92701 Rev. 02/06/2007
Cost Estimate for Bonding Purposes
Project Name: Montage at MacArthur Place, Tract 16626
Location: City of Santa Ana, CA
Type of plan: Street, Fire, Water, Sewer and Storm Drain Improvements in City RIW
liTEM IDESCRIPTION
IQUANTITY! UNIT I UNIT PRICE I TOTALCOST I
Summary
STREET IMPROVEMENTS...... ........................................................................ $813,564.70
OFF-SITE FIRE IMPROVEMENTS... ... ... ... ... ... ............ ... ......... ... ............... ... $6,500.00
OFF-SITE WATER IMPROVEMENTS............................................................... .$18,200.00
OFF-SITE SEWER IMPROVEMENTS.......................................................... $50,744.20
STORM DRAIN IMPROVEMENTS................................................................ $43,712.50
GRAND TOTAL $932,721.40
Note: This estimate is based on a 20-scale plan dated 11-17-06 which is not approved and is subject to revision.
USE $950,000.00
Page 1 of 4
Bond No. 4358095
Premium $17,250.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Santa Ana, a municipal corporation of the State of California, and INTEGRAL
COMMUNITIES I, INC., a Delaware corporation (hereinafter designated as "Principal"), have entered into an
Agreement whereby Principal agrees to install and complete certain designated public improvements, which
said Agreement, dated
/1h/ z.~
. I
. 20 ~ hereby referred to and made a part hereof;
and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the
faithful performance of said agreement
NOW. THEREFORE, we, the Principal and SureTec Insurance Company
. as Surety,
are held and firmly bound unto the City of Santa Ana, California (hereinafter called "City"), in the penal sum of
Nine Hundred Fifty Thousand and OO/xx Dollars ($950.000.00) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his, hers, or its heirs,
executors, administrators, successors or assigns. shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof
made as therein provided, on his, hers, or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save
harmless City, its officers. agents and employees, as therein stipulated. then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore.
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.
The surety hereby stipulates and agrees that no change, extension of time. alteration or addition to
the terms of the agreement or to the work to be performed thereunder or the specifications accompanying
the same shall in anywise affect its obligations on this bond. and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on
April 1 0
,20 07.
PRINCIPAL:
SURETY:
(Type Company Name)
SureTec Ins ance Com pan
INTEGRAL COMMUNITIES I, INC.,
a Delaware cor. ration
(1/'-
by
Title:
By:
Cr ig A. Manchester,
President
by
Title:
(Attach Acknowledgments of both Principal and Surety signatures.)
Approved by the Council of the City of Santa Ana on the D '(J.J> day of . ..
~u-:.,/'d:t
(signature) 1. " ", .,
~fY--J CJ t1L E ~ a/t
(print name) [Deputy} Clerk of the City CoJJCil
and Ex-Officio Clerk of the City of Santa Ana
bEL-EM Btl2..
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APPR~,FD AS TO FORM:
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(sign re)
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(print ame.)..l:lef'trty City Attorney '6
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State of California
County of Orange
ACKNOWLEDGEMENT
On
April 10 2007
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared James A. Schaller
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 acknowledge 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
WITNESS my hand and official seal.
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(Seal)
Signature
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
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
D PARTNER(S)
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TITLE(S)
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GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
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OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
o Additional Signer(s)
o Signer(s) Thumbprint(s)
o Other
contain ing
pages, and dated
The signer(s) capacity or authority is/are as:
o Individual(s)
o Attorney-in-Fact
o Corporate Officer(s)
Title(s)
o Guardian/Conservator
o Partner - Limited/General
o Tru5tee(5)
o Other:
@ Copyright 2004 Notary Rotary, Ine. 92S 29th St., Des Moines, fA 503' 2-3612 Form ACK02. 02/04. To re-order, call toll-free' -877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com
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POA#:
4358095
SureTec Insurance Company
LIMITED POWER OF ATIORNEY
KnOHl An Mur by That Praents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
James A. Schaller
of San Diego, California its true and lawful Attomey(s}-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, aCl<nowleClge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and no/lOO Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confinning all that the said Attorney(s}-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/08 and is made under and by authority of the following
resolutions oftlle Board ofDircctors of the SureTec Insurance Company:
Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s}-in-Faclto represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any"and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as jf signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile; signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (A.dopted at a meeting held on 2rJ1' of Apri~
1999.)
In WItness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
By:
CECOMPANY
Slate of Texas
County of Harris
ss:
August 27, 2008
.1Vt~WL~
Michelle Denny, Notary P he
My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary ofSURETEC)NSURANCE COMPANY, do hereby certify thatlhe above and foregoing is a true and correct copy
of II Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors set
out in the Power of Attorney are in full force and effect. ,
Given under my hand and the seal of said Company at Houston, Texas this 10 th
Any Instrument IssueQ< In ex.c~ oi ~ !l4frn!(ty .~~ above I. totally voId and without any validity.
For verlftcatlon of tIlG ~uthorlty 'Jf thiS p(l'b'8r you may call (713) 812-0800 any buslnea day betWeen 8:00 am and 5:00 pm CST.
:
Bond No. 4358095
Premium Included in Performance Bond
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Santa Ana. a municipal corporation of the State of California, and
JNTEGRAL COMMUNITIES I, INC., a Delaware corporation (hereinafter designated as "Principan have
entered into an Agreement whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement, dated
f1 "1.-1
I
zr:
, 2007, is hereby referred to and
made a part hereof; and
WHEREAS, under the terms of said Agreement, Principal is required before entering upon the
performance of the work to file a good and sufficient payment bond with the City of Santa Ana to secure
the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3
of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety are held firmly
bound unto the City of Santa Ana and all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil
Code in the sum of Four Hundred Seventy Five Thousand andOO/xx Dollars ($475.000.00)
for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by
the court, and to be taxed as costs and to be included in the judgment therein 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 said Civil Code, so as to give a right of action to them and all their
assigns in any suit brought upon this Bond.
Should the condition of this Bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
1
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of said agreement or the specifications accompanying the same shall in any manner affect its
obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or
addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on
April 10
,20 07
PRINCIPAL:
SURETY:
(Type Company Name)
SureTec I
es A. Schaller, Attorney in Fect
/a
INTEGRAL COMMUNITIES I, INC.,
:~~7!~ti2--
C~Manchester,
President
by
Title:
by
Title:
Approved by the Council of the City of Santa Ana on the
(Attach Acknowledgments of both Principal and Surety signatures.)
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f{) J;CEMt"ElL
.2007 :
day of :
~ture) ".
\ .! i i ; ':6
ct/lnclu; F~
(print name) [DeputY] Clerk of the City Co cil
and Ex-Officio Clerk of the City of Santa Ana
APPROVED AS TO FORM:
~~ r"",,~ '<'<-if"""" L1: ,4:iS +,
(pr' m.e) J)eputy'City Attorn y
2
ACKNOWLEDGEMENT
State of California
County of Orange
April 10 2007
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
On
personally appeared James A. Schaller
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 acknowledge 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 inlr~t- ~.~ :JE~ ~ ~ ~ r
WITNESS my hand and official seal. J-{I. =~=: ,
J Otange Ccmy -
Signature a~ ('~~~ ~ __ __ ~~~__~1~~~
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D LIMITED
D GENERAL
D
~
D
D
D
PARTNER(S)
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
FRP
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I County of Or~ 55. CERT;~~:T~~~~~~~b~~~g~~ENT I
, On Ami '2,J.:}-'>>+ , beforeme, LJ~ fl,p" , ftl$t~ ~J6t;r~ ,
i personally appeared ~ C ,&A/JcAe;;;;"'"'''"'''''' I
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;,; ~ :~::;~:eo~;~;:::~::)tion I
I to be t~e erson~ whose name(gf'fsJare subs ibed to the within instrument and acknowled~~o me I
' that h /they executed the (a~ in his e their authorized capacity~ and that by hi~ltheir :
I signatu on the instrument the person , or the entity upon behalf of which the perso acted, ;
~o<! execute the instrument. !~=o'
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I OPTlONALlNFORMATlON I
I Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this !':
-vlo: acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. :
, Description of Attached Document
I The preceding Certificate of Acknowledgment is attached to a document
I titled/for the purpose of ~ ~::~:ional Signer(s) 0 Signer(s) Thumbprint(s)
I containing -- pages, and datedg=g~<!:<
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POAIi:
4358095
SureTec Insurance Company
LIMITED POWER OF ATIORNEY
KnOHJ An Mur by These Pri!SUJts, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
James A. Schaller
of San Diego, California its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acl<nOWledge and deliver any and all Ixmds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and no/IOO Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confinning all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/08 and is made under and by authority of the following
resolutions of the Board ofD.ircctors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any SecretllI)' or any AsSistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable pct;Oos as Altomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
A.ttorney-In-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any"and all bonds, recognizances, contracts. agreements or Indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thertunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed 10 any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimilc signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(/' of Apri~
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
By:
CECOMPANY
State of Texas
County of Harris
ss:
MIchele Denny
e=~
~ flyColI'I~Exphs
August 27 t 2008
.1'V1,iAJ1tUL ~
Michelle Denny, Notary P lie
My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary ofSURETEC'INSURANCE COMPANY, do hereby certifY that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and eff~ct.
Given under my hand and the seal of said Company at Houston, Texas this 10th
Any Instrument Issuealn eJ'l.C9U ~ ~ !lGntdty .a~fed..bi.)v., 'stotally void Ind without Iny vllldlty.
For verffk:aUon 01 tho rarthc,/ty or t.'l!s power you may call (713) 812..()800 any but/nen day betWeen 8:00 am and 5:00 pm CST,
DEFECTIVE MATERIALS AND WORKMANSHIP BOND
Bond No. 4358095
Premium Included in Performance
Bond
KNOW ALL MEN BY THESE PRESENTS:
That we INTEGRAL COMMUNITIES I, INC., a Delaware corporation as
Principal and
SureTec Insurance Company
Texas
a corporation organized and existing under the laws of the State of, and authorized to do a
general surety business in the State of California, as surety, are held and firmly bound unto the
CITY OF SANTA ANA, a municipal corporation of the State of California, in the just and full sum
of Ninety Five Thousand and DO/xx DOLLARS ($95.000.00), lawful money of the United States
of America, for which sum, well and truly to be paid, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally firmly by these presents.
The condition of this obligation is such that, whereas the Principal entered into a certain
contract with the City of Santa Ana entitled
"Aoreement for the Improvement of Tract No. 16626"
and whereas the Principal contracted to give the City of Santa Ana a Surety Bond in the sum of
Ninety Five Thousand and OO/xx DOLLARS ($95.000.00) conditioned that the Principal would
make good and protect the said City of Santa Ana against the results of any work or labor done
or materials furnished which are defective or not in accordance with the terms of said contract
having been used or incorporated in any part of the work so contracted for, which shall have
appeared or been discovered, within the period of one (1) year from and after the completion
and final acceptance of the work done under said contract.
NOW, THEREFORE. if the Principal shall well and truly make good and protect the said City of
Santa Ana against the results of any work or labor done or materials furnished which are
defective or not in accordance with the terms of said contract having been used or incorporated
in any part of the work performed under said contract, which shall have appeared or been
discovered within said one-year period from and after completion and final acceptance of said
work, then this obligation shall be null and void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on
April 10
,20 07
PRINCIPAL:
SURETY:
(Type Company Name)
/
INTEGRAL COMMUNITIES I, INC.,
a Delaware corporation
SureTec Insurance Camp' Y
By:
(l tJ "---
Craig A. Manchester,
President
by
Title: Ja
by n/a
Title:
(Attach Acknowledgments of both Principal and Surety signatures.)
Approved by the Council of the City of Santa Ana on the 2 R.p day of
,20D7: ~Ll /i~
~A:-~~~~ C .
(si at~) C (; tL ~
(print name) [Deputy] Clerk of the City uncil
and Ex-Officio Clerk of the City of Santa Ana
'D~C.E.MB{YL
APPROVED AS TO FORM:
ACKNOWLEDGEMENT
State of California
County of Orange
On
April 10 2007
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared James A. Schaller
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 acknowledge 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 entrty upon behalf of which the person(s) acted, executed the inst"l1!. - - :.?:....~ - - f
WITNESS my hand and ollie",1 seal. ~ ~.;s.~...
Signature d--o. U!J ~ru" gc> _ -' "'C<lom_OctI2,~
' --------
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D LIMITED
D GENERAL
D
~
D
D
D
PARTNER(S)
ATTORN EY -IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
FRP
County of
}ss
O~~-e/
On ~ I ~ / 'U701- , before me, lit,. d/J.Py( f1 Ce ~ , ^J~ ti-J(lZ'~
~ Date {) d Printed'Name of Notary P(Jc
personally appeared C~ A. Akt~
r:-J ~ ~. Prmted Name(s) of Slgnerls)
LJd" personally known to me - or-
o proved to me on the basis of satisfactory evidence:
D form(s) of identification
D credible witness(es)
to be the person}61 whose name~are subscribed to the within instrument and acknowl~ed to me
that ~/she/they executed the ;~~ irY"fffi/her/their authorized capacit~, and that by~her/their
signMreW ~n the instrument the pe~~ or the entity upon behalf of which the pers~ acted,
executeathe Instrument.
18- ::='~':.- J
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Orange COWlIy -
_ ~ _ ~~~~~2~~
WITNESS my hand and official seal.
(Seal)
efT mtl7J,,",:hl:r
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
, . .
D Additional Signer(s) D Signer(s) Thumbprint(s)
D Other
containing _~ pages, and dated
Title(s)
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D Corporate Officer(s)
D Guardian/Conservator
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D Trustee(s)
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representing: =;_~"::~
Namels) of Person Is) or Entity(ies) Signer is Representing ~
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@Copyright2004NotaryRotary,lne.92S29thSt.,DesMoines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com
rOAIf.:
4358095
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know AD MOl by That Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
James A. SchaUer
of San Diego, California its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name. place and stead, to
execute, aClcr10wledge and deliver any and all bonds. recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and nO/lOa Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary. hereby ratifying and confrrming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall rontinue in force until 12/31/08 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Facl to represent and act for and on
behalf of the Company subject to the following provisions:
Attomey-in,Facf may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any'and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as jf signed by the President and scaled and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted of a meeting held on lrfl' of Apri~
/999.)
In Wltness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
By:
CECOMPANY
State of Texas
County of Harris
ss:
August 27. 2008
.'}Vti-V1t{U. ~
Michelle Denny, Notary P lie
My commission expires August 27,2008
I, M. Brent Beaty, Assistant Secretary ofSURETEC'INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
ofa Power of Attorney, executed by said Company. which Is still in full force and effect; and furthermore. the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effcct.
Given under my hand and the seal of said Company at Houston. Texas this 10th
Any Instrument 151~, In excCl~ 0: th6 penalty a~ted above Is totally void Ind wIthout Iny vllldlty.
For verlflcation crl tho f.ulhorlty d this power you may call (713) 812-0800 .ny busIness dlY between 8:00 am and 6:00 pm CST.
\ ,
\.
SUBDMSION BOND MONUMENTS
(Title 7, Division 2, Government Code)
Bond No. 4358094
Premium $250.00
KNOW ALL MEN BY THESE PRESENTS: That we,
INTEGRAL COMMUNITIES I, INC., a Delaware corporation, as Principal, and
SureTec Insurance Company , a corporation,
organized and existing under the laws of the State of Texas , and
duly licensed to transact a general surety business in the State of California, as Surety, are held and frrmly bound to
the CITY OF SANTA ANA, a Municipal Corporation of the State of California, in the sum of Three Thousand Five
Hundred and OO/xx DOLLARS, ($3.500.00), lawful money of the United States of America, to be paid to the said
CITY OF SANTA ANA, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally, fmnly by these presents.
CONDITIONS OF SAID OBLIGATION ARE SUCH, That
WHEREAS, Principal has presented to the Santa Ana City Council, for its approval, a Final Subdivision Map of
Tract Map No. 16626, which said Map carries the engineer's or surveyor's certificate that the monuments will be set
on or before a specified later dates; and
WHEREAS, this Bond is given to guarantee payment to the engineer or surveyor for setting the fmal monuments in
said Subdivision, and as a prerequisite to the approval of said Final Subdivision Map.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall pay the engineer or surveyor
for setting the final monuments in the manner and within the times specified in Title 7, Division 2, Government
Code, then this obligation shall be null and void; otherwise, the Surety agrees to pay the same in an amount not
exceeding the amount of this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on April 10 , 20~.
PRINCIPAL:
INTEGRAL COMMUNITIES I, INC.,
a Delaware ,,~:n
By: II ( '--
Craig A. Manchester,
President
SURETY:
(Type Company Name)
SureTec Insurance
in Fact
by
Title
by n/
Title
(Attach Acknowledgments of both Principal and Surety signatures.)
Approved by the Council of the City of Santa Ana on the 3 fLb day of bf..C:EM~_
20 01 . ./ . ,. . L
- c;7~C! '
(signature)
13el-{ OM<.: k~irL~, ct I A jJ 'I
(prin name) ~ City Attorney
ACKNOWLEDGEMENT
State of California'
County of Orange
April 10 2007
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
On
personally appeared James A. Schaller
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 acknowledge 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',~,l:- - :JEL, APoDAcA ~ - l.
. 1. CommIIIIon # 16937~ r
WITNESS my hand and offiCial seal. 1- . -:::- =- ~
Signature _J ~ C~Il'A.... '" a _' Mw'eomm.__Oct 12. Hl..l
~~ I-~~ \ .---~-~~-~--~
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
FRP
~A(KNOWlEDC.MENTA(KNOWlEDGMEN1ACKNOWLEDGMENTA(KNOWlEOGMENTACKNOWLEDGMEMACKNOWltDGMENTACKNOWlEDGMENT....CKNDWLWGMENTACKNDWLl:DGMENTACKNOWLEDGMENTACKNOWl.EDGMENTACK'lOWLEDGMENTACKNOWlEDGMENTACKNDWLEDGM
ENTACKNOwtEDGMENTACKNOWlfOGMENT",CKNOWl.E:DGMENTACKNOWLI'.DGMEN1ACKNOWU;D('MENTACKNOWLEOGMENT~
i State of California I
I County of Ore~/ } 55. CERT;~~~T~~~~~~~b~~~g~~ENT I
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U~..~- On ~I ~ WD::t- I before me, J;r~f7.h fJehtt7tr a..hll(I/
~ ~ DaJ ---------v- ~inted Name of Not\:.~tUbliC
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: r:-l ~ U Printed Name(s) of signer(s)
Ll:r personally known to me - or -
~ 0
~ proved to me on the basis of satisfactory evidence:
~ 0 form(s) of identification
~
! 0 credible witness(es)
~wli5Z, to be the person}8J whose name~are subscribed to the within instrument and acknowl~ed to me
~ that Iifehfle/they executed the same in~/her/their authorized capacity.~, and that b~/her/their
signa'h:rreW ~n the instrument the perhfrlw: or the entity upon behalf of which the persol~~') acted,
~ executecfthe Instrument. /' ..
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i Notary PublIc - CaIIfom/a j
Orange CCU1Iy -
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WITNESS my hand and official seal.
(Seal)
d~rf,,:lb=
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the pu rpose of
D Additional Signer(s)
D Signer(s) Thumbprint(s)
DOther
containing
pages, and dated
The signer(s) capacity or authority is/are as:
o Individual(s)
D Attorney-in-Fact
~rate Officer(s)
PheA57'~
Title(s)
!nb~1 ~/4hlhl(l~ /!ze.
D Guardian/Conservator
D Partner - Limited/General
o Trustee(s)
D Other:
representing:
Name{s) of Person(s) or Entity(ies) Signer is Representing
'" Copyright 2004 Notary Rotary, Ine. 925 29th St., Des Moines, IA 50312-3612 Form ACK02, 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com
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POAN:
4358094
SureTec Insurance Company
LIl\1ITED POWER OF ATTORNEY
KnOHJ An Mm by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the Slate of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
James A. SchaUer
of San Diego, Callfomla its true and lawful Attomey(s}in-fact, with fuIl power and authority hereby cqnferredin its name, place and stead, to
execute, aCl<nowlec1ge and deliver any and all oonds, recognizances, undertakings or other Instruments or contracts of suretyship to
include waivers to the conditions of conlracts and consents of surety, providing the oond penalty does not exceed
Five Million and no/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such oonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifYing and continuing all that the said Attorney(s}in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/08 and is made under and by authority of the following
resolutions of the Board of Dircctors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Factto represent and act for and on
behalf of the Company subjea to the following provisions:
Attorney-In-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknOWledge and
deliver, any'imd all bonds, rerognizanccs, contracts, agreements or Indemnity and other conditional or obligato/)' undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(j1t of Apri~
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
By:
CECOMPANY
State of Texas
County of Harris
ss:
August 27 t 2008
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Michelle Denny, Notary P lie
My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary ofSURETECINSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
ofa Power of Attorney, executed by said Company,; which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 10 th
Any Instrument Issued :n e~~ of the penalty s~ted above Is totally void and without any validIty,
For verification of the authority of thJ. p..'Wer yo~ rr.ay call (713) 812.0800 .ny bualneu day betWeen 8:00 am and 5:00 pm CST,
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