HomeMy WebLinkAboutMARKE AT SOUTH COAST METRO, LLC, THE (3) - 2007PWA lOeveaO?p. Ct? AGREEMENT FOR THE BIPROVEMENT N-2013-022,
OF TRACT NO. 16626
APR 1 0 2013
AGREEMENT, made and entered into this 5"' day of November, 2012, by and between the CITY OF SANTA
ANA, a!municipal corporation of the State of California, hereinafter called CITY, and THE MARKE AT SOUTH
COAST METRO, LLC, a Delaware limited liability company hereinafter called "Subdivider"
WITNESSETH:
3
WHEREAS, the City on DecemberX 2007 approved the final map of Tract No. 16626 situated in the City of
Santa Ana, County of Orange, State of California, and accepted the dedications therein offered subject to and on the
condition that INTEGRAL COMMUNITIES I, Inc., a Delaware Corporation (hereinafter "INTEGRAL") first enter into
and execute an offsite improvement agreement, and provide bonds to ensure performance of said agreement; and
WHEREAS, on May 25, 2007 INTEGRAL executed Offsite Improvement Agreement, and provided bonds to
ensure performance of said Agreement; and
WHEREAS, INTEGRAL has completed certain of the required offsite improvements and subsequently
transferred the property rights attached to Tract No. 16626, to Subdivider; and
WHEREAS, Subdivider desires to develop the project and agrees to complete the 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-APWA Green
Book) and Supplemental Special provisions; and
NOW, THEREFORE, in order to insure satisfactory performance by Subdivider of its obligations, in order to
meet the requirements of the Santa Ana Municipal Code, and in consideration of the approval of said transfer of the right
to develop Tract No. 16626, 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 issuance of a building permit by City, and as a condition precedent to its issuance,
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
Five Hundred Fifteen Thousand and 00/xx Dollars ($515,000.00),
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 Two Hundred Fifty Seven Thousand Five Hundred and 00/xx Dollars ($257,500.00),
c) guaranteeing the payment of the cost of setting survey monuments, the amount of said bond to be
Three Thousand Five Hundred and 00/xx Dollars($3,500.00),
Page 1 of 4
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
Fifty One Thousand Five Hundred 00/xx Dollars ($51,500.00).
3. Subdivider does hereby expressly agree to indemnify and hold harmless the City, its officers, 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, through its predecessor in interest, 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, and 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 officer 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 officer, agent or employee of the City.
5. Subdivider shall furnish to City and file with the City Clerk policies of public liability insurance, naming the
City, its officers and employees 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.
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 pay City water main charges for any existing water mains, fire hydrants or water services
famished 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.
8. Subdivider shall pay Edison Company for the furnishing and installation of concrete street light standards at
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.
9. Subdivider shall pay to the City such amount of fees 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.
Page 2 of 4
10. 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 pay or 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.
11. 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:
- -TI MaariariaY)F,iui,ar, Clerk of th?,ouncil
APPROVED AS TO FORM:
City Attorne
r
CITY OF SANT
A municipal corl
Kevin
Manager
THE MARKE AT SOUTH COAST METRO, LLC,
a Delaware limited liability company
By: The Marke Partners, LLC, a Delaware limited
liability company, its Sole Member
By: The Marke Investors, LLC, a Delaware limited
liability company, its Sole Member
By: Lyon Integral MacArthur Place, LLC, a
Delaware limited liability company, its
Managing Member
By: Lyon Housing (MacArthur Place) XLII, LLC,
a Delaware limited liability company, its
Managing Member
By:
Name: Fr T. Suryan, Jr.
Title: Chairman and Pres' t
By:
t
ze?
Title: Secretary
Name: Michael A. Barmettler
Address: 4901 Birch Street
Newport Beach, CA 92660
Page 3 of 4
CALIFORNIA JURAT WITH AFFIANT STATEMENT
? See Attached Document (Notary to cross out lines 1-6 below)
? See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
<
Signature of Document Signer No. 1
State of California
County of n9ki d?
9 ETERI GAILEY
Commission # 1872646 z
a
-aiNotary Public - California
z Orange County
M Col Expires Jan 2, 2014
Place Notary Seal Above
Signature of Document Signer Ne.2 (if any)
Subscribed and sworn to (or affirmed) before me on this
.9 ? day of 1d ? L R , 204 , by
Data Month Veer
(,) Fee/ ra
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me++. ,)
(and
(2) / 11 L.6°C. ?6i' A G`L!?'tYJ 2C, L.G?C?.
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signature a
Si ure of Notary P io
OPTIONAL
Though the information below is not required by law, it may prove
valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Further Description of Any Attached Document
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02007National Notary Association-9350 De Soto Ave.,P.O.Box2402•Chatswortil91313-2402•www.NatienalNotary.org Item #5910 Reorder: Cell Toll-Free 1-BOD-676-6827
Page 4 of 4
Engineer's Cost Estimate Street Imp.
September 2011
Rev. April 31 2012
Project Lyon Apartment Companies Multi Family Residential
Name: Main & MacArthur, 100 E. MacAthur Blvd. N-2013-022:
/?/
DP 2010-044 D AN
Item Description Quantity Unit Unit Price Cost
STREET CONSTRUCTION NOTES:
1 CONSTRUCT 0" CURB AND GUTTER PER DETAIL B/2 55 LF 8.00 440.00
2 CONSTRUCT 8: CONCRETE DRIVEWAY PER SECTION A/2 435 SF 15.00 6,525.00
3 CONSTRUCT 8: TO 0" CURB TRANSITION 47 LF 10.00 470.00
4 GRIND 2" MIN. AC AND PLACE AC OVERLAY TO MAKE 1.7% CROSS
SLOPE PER PLAN 4,814 SF 3.50 16,849.00
5 FEATHER OVER EXIST. PAVING FORA SMOOTH JOIN 1,116 SF 1.00 1,116.00
6 CONSTRUCT 15" AC DEEP LIFT ON COMPACTED SUBGRADE 2,226 SF 8.00 17,808.00
7 CONSTRUCT MEDIAN ISLAND WITH STAMPED CONCRETE AND
TYPE B-1 CURB PER STD. PLAN NO. 1118 1,610 LF 30.00 48,300.00
8 REPLACE EXISTING STRIPING AND TRAFFIC LOOPS AS
REQUIRED BY THE CITY 1 LS 5,000.00 5,000.00
9 INSTALL RAISED MEDIAN MARKING PER CITY STD. PLAN NO. 1125 1 LS 1,000.00 1,000.00
10 PAINT MEDIAN NOSE YELLOW INSTALL FLEXIBLE & 3 TYPE "K"
MARKER TYPE "D" RPMS EVENLY SPACED ON TOP OF THE
MEDIAN NOSE CURB AS SHOWN 1 LS 500.00 500.00
11 CONSTRUCT CURB RAMP, DETECTABLE WARNING MAT, AND
GROOVES PER CITY STD. 1122 AND DETAIL C/2. 2 EA 3,000.00 6,000.00
12 CONSTRUCT CONCRETE BUS PAD PER CITY STD. PLAN NO. 1108 700 SF 15.00 10,500.00
13 CONSTRUCT PARKWAY CULVERT PER CITY OF SANTA ANA STD.
NO. 318 1 EA 3,000.00 3,000.00
14 INSTAL STREETLIGHT WITH UNDERGROUND CONDUIT PER CITY
STD. 1126 3 EA 5,000.00 15,000.00
15 CONSTRUCT SIDEWALK PER SHT. 6 10,250 SF 6.50 66,625.00
16 INSTALL STREET TREE PER LANDSCAPE IMPROVEMENT PLAN NO.
DP-2010-044 1 LS 30,000.00 30,000.00
17 INSTALL STREET TREE IRRIGATION PER LANDSCAPE
IMPROVEMENT PLAN NO. DP-2010-044 1 LS 6,000.00 6,000.00
STREET SUBTOTAL 235,133.00
FIRE CONSTRUCTION NOTES:
20 CONSTRUCT 6" FIRE SERVICE PER CITY STD. NO. 1418 1 LS 12,000.00 12,006-.-00-
21 CONSTRUCT 6" PVC, CLASS 200, C900 WITH BEDDING AND
BACKFILL PER CITY STD. PLAN NO. 1428 AND DETAIL ON SHEET 5 1 EA 71000.00 7,000.00
22 CONSTRUCT THRUST BLOCK PER CITY STD. PLAN NO. 1412 AND 8 EA 1,000.00 8,000.00
23 CUT AND PLUG EXIST. COMBINATION 8" FIRE LINE FROM FIRE 1 LS 2,000.00 2,000.00
24 INSTALL FIRE HYDRANT PER CITY STD. PLAN NO. 1405 1 EA 5,000.00 5,000.00
25 JOIN EXIST. 8" WATER LATERAL WITH 8"X6" REDUCER 1 LS 1,500.00 1,500.00
FIRE SUBTOTAL 35,500.00
WATER CONSTRUCTION NOTES:
30 CONSTRUCT 4" DOMESTIC WATER SERVICE, VAULT, AND
METER PER CITY STD. PLAN NO. 1403B AND 1403D. BEDDING AND
BACKFILL PER CITY STD, PLAN NO. 1428 AND DETAIL ON SHEET 5 2 EA 18,000.00 36,000.00
31 CONSTRUCT 4" PVC, CLASS 200, C900 WITH BEDDING AND
BACKFILL PER CITY STD. PLAN NO. 1428 AND DETAIL ON SHEET 5 1 EA 7,000.00 7,000.00
T:\Development Sereices\Development Project Files\MacAr hurEl OO 10-044 LyonApartmentCompenlesMulliFamilyResidenlial_NR\Mein MacArthur Imp Fee Estimate - 120403_CltyEstimate_NR
Engineer's Cost Estimate
Street Imp.
September 2011
Rev. April 3, 2012
32 CONSTRUCT 2" COPPER SRVC AND MTR FOR IRRIG. PER CITY
STD. PLAN NO. 1402 1 LS 7,000.00 7,000.00
WATER SUBTOTAL 50,000.00
SEWER CONSTRUCTION NOTES:
40 CONSTRUCT SEWER MANHOLE PER CITY STD. PLAN NO. 1201 2 EA 10,000.00 20,000.00
41 CONSTRUCT 10' PVC SDR-35 SEWER WITH BACKFILL PER
STD. PLAN NO. 1208 59 LF 25.00 1,475.00
42 CONSTRUCT 8" PVC SDR-35 SEWER LATERAL PER CITY STD.
PLAN NO. 1208, WITH BEDDING & BACKFILL PER CITY STD. PLAN
NO. 1208 1 EA 8,000.00 8,000.00
43 CONSTRUCT 8" PLUG 1 LS 250.00 250.00
44 PLUG EXISTING 6" SEWER LATERAL 1 LS 250.00 250.6'0-
45 JOIN EXISTING SEWER MANHOLE 1 LS 5,000.00 5,000.00
SEWER SUBTOTAL 34,975.00
Subtotal 355,608.00
10e/ CONTINGENCY 35,560.80
10e/ PRELIM.ENGR. 35,560.80
15%CONST.ENGR. 53,341.20
TOTAL 515,045.80
T'.0evelopment Servines0evelopment Project Files\MacArthurE100 10-044_ LyonApartmentUmpanlesMulliFamilyResidenlial NR\Main MacArthur Imp Eng Palmate -120403 CilyEstlmale NR
N-2013-022
Bond No.: 4388772
PERFORMANCE BOND Premium: $10,725 12 years
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Santa Ana, a municipal corporation of the State of California,
and The Marke at South Coast Metro, LLC (hereinafter designated as
"Principal"), have entered into an Agreement whereby Principal agrees to install and complete certain
designated public improvements, which said Agreement, dated November 5 20 12
is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for
the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and SureTec Insurance Company , as
Surety, are held and firmly bound unto the City of Santa Ana, California (hereinafter called "City"), in the
penal sum of
Five Hundred Fifteen Thousand & No/100wm--mmmmm- - Dollars ($_5 ,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 November 13 , 20 12,
PRINCIPAL: The Marke at South Coast Metro LLC
(Type Company Name)
Title:??c?r?r?n ?' f/.?xsYxJrvl9 ?/jai . t-
by ?? Iw
Title: PC e5r tt,re rF ?)1c x n414941htt-
(Affix Corporate Seals)
SURETY: SureTec Insurance Company
(Type Company Name)
by ?r?7 ?-I%t,4---Fi?•GL?"7S
Title: Rachelle Rheault, Attorney-In-Fact
by _
Title:
(Attach Acknowledgments of both Principal and Surety signatures.)
Approved by the Council of the City of Santa Ana on the &?( ' day of
r C r 2007 :
APPROVED AS TO FORM:
/?a Q.. ,
(/(signature)
(print name) Deputy ity Attorney
1 / l GAiL f /yG?ls?
(signature)
IX?1Cti"A I' P12A v'"
(print name) [Deputy] Clerk of the City Council
and Ex-Officio Clerk of the City of Santa Ana
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of &
On Novtm.6ft t 2OIZ-before me, J1L?l (S i ley, /VO A
Data / HeI 1o Name antl Title of a Cffic.r '
personally appeared _aP ??fZme&l
Name(s) of Signer(s)
T Je?
who proved to me on th basis of satisfactory
evidence to be the perso (s whose nam s i are
subscribed to the within instrument and acknowledged
to me that he/she Isar executed the same in
his/he hei authorize capacit ies) and that by
his/her eir signature on the instrument the
perso s or the entity upon behalf of which the
perso (s) acted, executed the instrument.
] ETERI GAILEY I certify under PENALTY OF PERJURY under the
7 Commission # 1872646 laws of the State of California that the foregoing
•: Notary Public -California n paragraph is true and correct.
Orange County
My Comm. Expires Jan 2, 2014 WITNESS my hand and official seal..
Signature:
?5<? r (?
Place Notary Seal and/or Stamp Above OPTIONAL Sign f Notary Public
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Signer's Name:
? Corporate Officer-Title(s):
? Individual MWAVOMAMAM
? Partner - ? Limited O General Top of thumb here
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
? Corporate Officer - Title(s):
? Individual
s
? Partner - ? Limited ? General top of thumb here
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing
vmvuravonai rvorary Associanan•uuou up Solo Ave.,Y.u.tlox 24u2,unatawonn,cA 913132402-www.NationalNotary,org Item A6907 Reorder: Call Tel-Free b600P676-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of orange
on November 13.2012 before me, Rhonda C. Abel, Notary Public
Dale Iroon HSM•nd ero
personally appeared Rache le Rhe hult
who proved to me on the basis of satisfactory evidence to
be the person(f3) whose name(d) isIft subscribed to the
within instrument and acknowledged to me that
WarleRf o executed the same in Ns/herlWAV authorized
capacity(IN), and that by 111fterAY& signature(g) on the
RNONDA C. ABEL instrument the rson 9, or the enttt
U,I COr<fr, # lt{OO2r3 i () Y upon behalf of
L? NOruav PUBLIC . CALIFORNIA which the person(a) acted, executed the instrument.
dkRANGIE COUNTY 0,
uE0MW1. EApIltI:S Of.P. 15 ?.013'`
®? e ..„.;. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official sealer
Signaturo? w L- " < l ?X/'
w.ce notary 8sel care a apneWre d haWry
OPTIONAL
77tough the Information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fmtrdulent removal and reattachment of this form to anoiliardocumant.
Description of Attached Document
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Document Date:
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Capacfty(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer-711:1e(s): _
? Partner - ? Limited ? General
0 Attorney in Fact
? Rustee
? Guardian or Conservator
? Other:
Signer Is Representing:
Tap a thumb hm"
Number of Pages:
Signer's Name:
? Individual
? Corporate Officer - Tffte(s):
? Partner -? Limited ? General
? Attorney in Fact OEM
? Trustee Top of thumb here
? Guardian or Conservator
? Other:
Signer Is Representing:
L_1
QZCQrtblbwl Fbleiy bmtlWOn•B350 De 9eb kra.aO.am&eP•Chatawalh, CA B73932CB2•w?w.NgbNWoieryore Ibrn r5907 Rwtder.CMTOkeert.BMAraJ1BPr
N-2013-022.
Bond No.: 4388772
Premium: Incl. In Pert. Bond
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Santa Ana, a municipal corporation of the State of California, and
The Marks at South Coast Metro, LLC (hereinafter designated as
"Principal") have entered into an Agreement whereby Principal agrees to install and complete certain
designated public improvements, which said Agreement, dated November 5 , 2012 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 3 (commencing with Section 9000) of Part 6 of Division 4
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 Two Hundred Fifty Seven Thousand Five Hundred & No/100Dollars ($257,500,00----------------------
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 3 (commencing with Section
9000) of Part 6 of Division 4 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
1
void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of 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 November 13 20 12
PRINCIPAL: The Marke at South Coast Metro, LLC SURETY: SureTec Insurance Company
(Type Company Name) (Type Company Name)
b?
by
by I 'L ai 'f d A /'\/
Title: Rachelle Rheau t, Attorney-In-Fact
by _
4 r Title:
(Attach Acknowledgments of both Principal and Surety signatures.)
Approved by the Council of the City of Santa Ana on the are( day of
20ra:
APPROVED AS TO FORM:
(signature)
c+ ,
(print name) Deputy Cit Attorney
(signature)
fu'-'4 OL'I 9 v
(print name) [Deputy] Clerk of the City Council
and Ex-Officio Clerk of the City of Santa Ana
2
(Affix Corporate Seals)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ??eAq::? / LL ?
On/VOJQd ,6e&4)ZI2before me, 2? Oufl?S?. a /A 1 rr l(?
Date Hera In art' ame and Title of the nicer '
personally appeared
Air
who proved to me on the basis of satisfactory
evidence to be the person sy whose nams0 is (p
subscribed to the within instrument and acknowledged
to me that he/sh the executed the same in
his/he air authorized capacity ies and that by
his/her ei signature s on the instrument the
perso s or the entity upon behalf of which the
perso s cted, executed the instrument.
?...... ETERIGAILEV I certify under PENALTY OF PERJURY under the
Commission ar 1872646 laws of the State of California that the foregoing
-s Notary Public - California i paragraph is true and correct.
Orange County
My Comm. Expires don 2, 2814 + WITNESS my hand and official seal.
Signature: ? ?.,(?-C/-r?
Place Notary Seal and/or Stamp Above OPTIONAL SI not a of Notary P
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
? Corporate Officer - Title(s):
? Individual
? Corporate Officer - Title(s):
? Individual
Top of thumb here ? Partner - ? Limited ? General Top of thumb here
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
? Partner - E-1 Limited El General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
...:m„.„-i. ., nw---.. vouv - oomn ., r.v, oox true ?naIewonn, DH a 11 11-eaoa-w W.rvanonamatary.org Itent #5907 Heorder: Cell Toll-Free 1800-878-8827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On. November 13, 2012 before me, Rhonda C. Abel, Notary Public
Date aeon waive aro omoa
personally appeared Rachel le Rheault
e e a
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/ft subscribed to the
within Instrument and acknowledged to me that
Waheffldy executed the same In Hslher:AWAV authorized
capacity(194), and that by fYMer1 W@If signature(E) on the
_ instrument the person(s), or the entity upon behalf of
-0 F?HO DA C ,Fi I LL° which the person(s) acted, executed the Instrument.
? ,?--t?" CQCy7 t2 'k lII6'r t ?:
( ?ornr? ire! e er aFlia
r% rrrxta,vu cou'NIv Z1 I certify under PENALTY OF PERJURY under the laws
cgsH. „e: ;;ts Frcr. 15, aula : of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official al.
Signature
.
Plow Nd" Beal AbM epnaare d nolery P b -- i
OPTIONAL ---
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Description of Attached Document
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Capaeiry(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer-Title(s):
? Partner - O Limited ? General
0 Attorney In Fact
? Trustee
? Guardian or Conservator
11
Signer Is Representing:
OMEN
Top of thumb We
Number of Pages:
Signer's Name:
? Individual
? Corporate Officer -TBIe(s):
? Partner -? Limited ? General
? Attorney In Fact Mom
? Trustee Tep d thumb here
? Guardian or Conservator
? Other:
Signer Is Representing:
i?
ouwrwatw?mrbronnmuatw,.e?ooesoka?e.,aaeoexe¢.caatewam.cneta?sawt•..ww.wnw?wNnerroq itam«aem Pwroa:caara.rh,a+?m.ereaea
Bond No.: 4388772
DEFECTIVE MATERIALS AND WORKMANSHIP BOND Premium: Inc. In Pert. Bond
KNOW ALL MEN BY THESE PRESENTS: N-2013-022•
That we The Marke at South Coast Metro, LLC ae
Principal and SureTec Insurance Company
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 Fifty One Thousand Five Hundred & No/100---------------------- DOLLARS ($ 51,500.00--------- ),
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. 'Texas
The condition of this obligation is such that, whereas the Principal entered into a certain
contract with the City of Santa Ana entitled
"Agreement 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 Fifty One Thousand Five Hundred & No/100 ----------------------------------------------------- DOLLARS
($ 51,500.00--------------------- ) 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 November 13
20 12
PRINCIPAL: The Marke at South Coast Metro, LLC SURETY: SureTec Insurance Company
(Type Company Name) (Type Company Name)
°?`?f.. ?G?a .?ru?rGllecuat.Y
Title:
by
Title:
Title: Rachelle Rheault, Attorney-In-Fact
Title:
(Affix Corporate Seals)
(Attach Acknowledgments of both Principal and Surety signatures.)
Approved by the Council of the City of Santa Ana on the
of
20
(signature)
(print name) [Deputy] Clerk of the City Council
and Ex-Officio Clerk of the City of Santa Ana
APPROVED AS TO FORM:
f? c?•
(s gnature)
day
C:
ci.?'rtiyPf'[,?i
(print name) Deputy ity Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of (/2?? ?J1L / L" //?? yy/
on6V01,12ht?eRlzI1012-before me, ?T?azrr i??y, 0?0/r??LL/ YtGe(r'c
Date _ p Here se Name and Title of th fflcer
personally appeared ?% /GCQ e-/?-
%??^? Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the persor(9whose nameois re
subscribed to the within instrument and acknowledged
to me that he/sheltCig"?)r executed the same in
his/her sir authorized capacity es) and that by
his/her ei signature s) on the instrument the
person] or the entity upon behalf of which the
perso s cted, executed the instrument.
ETERI GAILEY [ I certify under PENALTY OF PERJURY under the
Commeslon # 1872646 L laws of the State of California that the foregoing
z -: Notary Public - California i is true and correct.
Z Orange County s paragraph
My Comm. Ex ires Jan 2, 2014+ WITNESS my hand and official seal.
Sc?Lt
Place Notary Seal and/or Stamp Above OPTIONAL Sign ur f Notary Publi
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Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
? Corporate Officer - Title(s):
? Individual
.11, 'p, alialle
Top of thumb here
Signer's Name:
? Corporate Officer - Title(s):
? Individual
a
Top of thumb here
? Partner - ?Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
wimuoaaeonai ivoteryHaaoaaeon-vaou ueaoTovvs.,r.u.coxeaoz•cnarswortIl 6t6ia-54021 ww.NafonalNOtary.org Item #5907 Reorder: Call Toll-Free 1-690-676-6827
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT
State of California
County of orange
on November 13, 2012 before me, Rhonda C. Abel, Notary Public
Date Hare imwtxmaa
personally appeared- Rach„elle Rheault
V e
NOTAAI PUBLIC r=LIFIJBMAQ
`?"q `?avT G9M,C ,N CITE 06 UN6 YOl:? 0
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(d) IsIM subscribed to the
within instrument and acknowledged to me that
Wshehfloy executed the same in Iliall er/W,dlf authorized
capacity(1N), and that by fsg/hed1110 signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(as) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. //
.? s N( Jam)
PLm Not" e*W Signature aaewrewno" v0110
OPTIONAL
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above;
Capacity(les) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer-Title(s):
? Partner- ? Limited ? General
In Attorney In Fact
? Trustee Top Of UUmb We
? Guardian or Conservator
? Other:
Signer Is Representing: -
Signer's Name:
? Individual
? Corporate Officer - Thiele):
? Partner -? Limited ? General
? Attorney In Fact Effifflm
? Trustee Top of thmb hare
? Guardian or Conservator
? Other:
Signer Is Representing:
OTllor NetbrW Hden afmrl.uni. mso ae soa aW.,noeot x90z.r7oteNCwln,a elarazaoz.wxw.nna,awcAay.«e (m #E9m ne*Fdw.0lTw.Re.4004M4W
PDA N; 510007 - Newport Beach
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These 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
Rhonda C. Abel, Kim Luu, Michael Parizino, Rachelle Rheault, James A. Schaller
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
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 for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 8/3 012 01 3 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 any one or more suitable persons as Attomey(s)-in-Fact to 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 time of acrd of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizaaces, 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 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 20Th of April
/999.)
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 3rd day of September, A.D, 2010,
SUI2ETEC INSU E C ANY
?uaAn ?F
aU( X 9 p? By:
w w ) ° John I o Jr., resident
State of Texas ss:
County of Harris ••..-...•r
On this 3rd day of September, A,D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
..?. NADO
JACQUELYN MALp4NRp0
Notary Public, State of Texas
y !.,. My Commission Expires acq telyn aldot ado, Notary Public
pitMay 16, 2013 y comm Sion ex ee May 18, 2013
1, M. Brent Beaty, Assistant Secretary of SURETEC 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 effect.
Given under my hand and the seal of said Company at Houston, Texas this day of NOV L 1,2012 A.D.
I
M. Brent Beaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
N-2013-022
Bond No.: 4388773
SUBDIVISION BOND MONUMENTS Premium: $250 / 2 years
(Title 7, Division 2, Govermnent Code)
KNOW ALL MEN BY TIIESE PRESENTS: That we,
The Mark- at South Coast Metro LLC 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 Surely, are held and firmly bound to
the CITY OF SANTA ANA, a Municipal Corporation of the State of California, in the sum of
Three Thousand Five Hundred & No/100---------($3,500,00) DOLLARS, 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 aid successors, jointly and severally, firmly 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 some 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 November 13 20 12
PRINCIPAL: The Marke at South Coast Metro, LLC
(Type Company Name)
i
A?
b/A
TntleC
Title fie !Wej,1+ dtC Nagegj,' Re't4j4r
(Affix Corporate Seals)
SURETY: SureTec Insurance Company
(Type Company Name)
by y? °y
Tie Rachelle Rhe alt, Attorney-In-Fact
by
(Attach Aclmowledgments of both Principal and Suety signatures.)
Approved by the Council of the City of Santa Ana on the ( day of
20 L 1
(signature) d
APPROVED AS TO FORM:
(s ature)
(print name) Deputy Cleric of the Council
and Ex-officio Cleric of the City of Santa Ana
f
L.tdfCt. ? (print name) Deputy City ttorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Nn?2a-i2?
On dOV26fc )1/
j X/2-before me,?%
Date ,J plr Here saft Name and Title oft Officer
personally appeared A t/%r%£ zp
r7 . ?JQ ?J9?.Pi! G ??2
Name(s) of Signer(s)
A a /?? ?+z
0 E rERI GAILEY
Commission 8 1872646
Notary Public • California z
s Orange County
7]+? A4 Comm. Ex Tres Jan 2, 2014
Place Notary Seal and/or Stamp Above
who proved to me on the basis of satisfactory
evidence to be the persor svhose nameis/OP
subscribed to the within instrument and acknowledged
to me that he/sh he executed the same in
his/her e' authorized ?caopacit ies and that by
his/her ei signature( on the instrument the
perso s or the entity upon behalf of which the
perso s clad, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: C/L ?/Zr r 4AA
SIB
OPTIONAL atu of Notary PV.W
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
? Corporate Officer-Title(s):
? Individual
? Partner - ? Limited ? General Top of thumb here
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
? Corporate Officer - Title(s):
? Individual
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
Top of thumb here
wzovorvanonaitimaryASSOmanon,vaouuesolc AVe.,ru,tlO%24U2•unatswonn,UAN1313-24u2'W NationaiNotary.org Item#5907 Reorder Call T.11-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
Notary Public
on November 13, 2012 before me, Rhonda C. Abe
Dare Hare L l,mflame
personally appeared Ragpg1le Rheault
a a e
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Islays subscribed to the
within instrument and acknowledged to me that
WaheRNdly executed the same in WafherAlRiIt authorized
>q capacity(0), and that by ffiN/heda4W signature(6) on the
R g?N0A C, ABEI ? instrument the person(s), or the entity upon behalf of
dolly za # as n?°a which the person(s) acted, executed the instrument.
L' t x, M0TA' Y PJRiIC - C I O R N i A
!J raau:rt.b eu,avv (;
I certify under PENALTY OF PERJURY under the laws
`-' of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
Signatur,; a _ ( a
Flea NoWq BOW Mane a9neWreafloMry PUbik -
OPTIONAL
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and =do prevent tmudulent removal and reattachment or this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer -Tifle(s): -
? Partner - ?Limited ? General
In Attorney in Fact
? Ttustee
? Guardian or Conservator
? Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
O Individual
? Corporate Officer -Thle(s):
? Parmer-? Limited ? General
? Attorney In Fact MINIM
Top of thumb hem ? Trustee Top of thumb We
? Guardian or Conservator
? Other:
Signer Is Representing:
Q2%ptAYanel NOWiy Mmeatlai•995d De3W MS,P.0.am Eao2•CJnbxtlrlh,CA 91313-2ae9•waw.NtlhvUkkryary Irem49907 {hnlea 00Tb&Ra&14W47&3A27
POA #: 510007 - Newport Beach
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These 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
Rhonda C. Abel, Kim Luu, Michael Parizino, Rachelle Rheault, James A. Schaller
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
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 for;
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 8/30/2013 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 any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-fn-Fact may be given full power and authority for and in the name of mid 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
Attomey-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 attomey 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 20" ofdpril,
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 3rd day of September, A.D. 2010.
?upAN SURETEC IN S E C PANY
uG X 9 •a3? By.
w' w;n John I o Jr., resident
State of Texas ss: ?,?';" 1 V , ftv
County of Harris - ••
On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACQIIIIN MAIIIONADO Aift
-0p°r Notary Public, State of Texas ac*Ud
9telyn aldm ado, Notary Public
.n My Commission Expires
>; oit;,'.` Moy 18, 2pi3 y comm sion ex ites May 18, 2013
I, M. Brent Beaty, Assistant Secretary of SURETEC 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 effect.
Given under my hand and the seal of said Company at Houston, Texas this day of NOV 112012 A.D.
M. Brent Beaty, Assistant Secretary
Any Instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
CONSENT CALENDAR
Motion:
Remove the Ward 6 representative trom the EPIC Commission
MOTION: Tinajero SECOND: Alvarez
VOTE: AYES:, Alvarez, Benavides, Bustamante, Sarmiento,
Tinajero, Pulido (6)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
13.E. APPOINTMENT
Motion:
Appoint Eva Lombardo to the Personnel Board nominated by Mayor
Pro Tom Alvarez as the Ward 6 representative for a full term expiring
December 9, 2008, (replacing R. MacLGad)
CLERK OF THE COUNCIL POSTING REPORT
The following notices were posted pursuant to the Maddy Act. Board and Commission
resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza.
Boards/Commission Resignation Effective. Posted Time
15.& Osmel D. Motas, Community Redevelopment/Housing Commission
11/26/07 11/26107 4:40 p.m.
15.B. Nancy Quarles, Workforce Investment Board
11/12/07 11126/07 4:40 p,m.
FINAL MAP NOTIFICATIONS
Pursuant to Section 34183 of the Santa Ana Municipal Codo., the City Engineer has
received this Final Map and is in the process of reviewing, the map for final approval.
The City Engineer shall approve or disapprove the r9ap within 10 days of this City
Council meeting.
17.A. FINAL TRACT MAP NO. 16626 - 101 E, SAN DPOINTE AVENUE
CITY COUNCIL MINUTES 381 DECEMBER -3,2007
CONSENT CALENDAR
Motion:
Receive and file.
MISCELLANEOUS ADMINISTRATION
19.A. CLOSED SESSION REPORT
Motion:
Approve settlements:
Martinez vs, City of Santa Ana - Case No. ANA 147453, Compromise and
Release $37,500
Zastrow vs. City of Santa Ana - Case No. RIV0024107, Compromise and
Release $12,500
Cooper vs. City of Santa Ana, Case Nos. ANA 0364614, ANA 0287964,
Compromise and Release $85,000
Jose Hernandez vs. City of Santa Ana, Case Nos. ANA 0162543;
0241326; 0240698; 0241327, Compromise and Release $65,000
City of Santa Ana vs. Villa OCSC Case No.07CL00368, Accept $9,505.00
in settlement of subrogation claim
%B. EXCUSED ABSENCES - None
19.C. COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY
2006-2007
Motion:
Receive and file the Community Redevelopment Agency Annual
Report for FY 2006-2007 consisting of:
1. The Annual Audit Report as prepares! by Moreland & Associates
Inc.
2. The Annual Report of Financial Transactions.
3. Housing and Community Development Report of Housing Activity
of Community Redevelopment Agencies.
4. Annual Statement of Indebtedness.
19.0. WORKFORCE INVESTMENT ACT ANNUAL PLAN MODIFICATION FOR
FISCAL YEAR 2007-08
CITY COUNCIL AGENDA 382 DECEMBER 3, 2007