Citation BuildersPROPERTY DEVELOP "TENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; I'i STALLATI01*4 OF SEVERS, STORM
DRAINS AND OTHER PUXIC tjonKS FNCILI DES
This agreement made and entered into this 16t4ay of April
1922, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Citation Builders , a real property owner.
developer or subdivider, herein called the "Developer."
WITNESSETH:
WHEREAS, a final map of subdivision, record of survey or building pemit
(Site Clearance) application has now been submitted to the City for approval and
acceptance, covering certain real estate known as and called:
TRACT 6121 af1d,
WHEREAS, the Developer requires certain utilities and public works facili-
ties in order to service the property under the minimum standards establishes) by
the r*ty and,
WHEREAS, the City, by and through its City Council, has enacted certain
Codes, Ordinances and Resolutions and certain Rules and Regulations have been
promulgated concerning the subject matter of this agreement and,
WHEREAS, the City has certain raj onsibillties for maintenance and
operation of such utilities and public service facilities after acceptance by
City, and for providing the necessary connecting systemg general plant and
appurtenances, and the City is agrdbing to discharge those responsibilities.
NOW THEREFORE, in consideration of the premises and in order to Carry on
the intent and purpose of said Codes, Ordinances, Resolutions and Regulations.
it is agreed by and ,!tween the parties as follows:
SECTION 1
That all Codes, Ordinances. Resolutions, Rules and Regulations and
established policies of the City and the laws of the State of Califorwia concarn.
ing the subject matter '�f this agreement are hereby referred to and incorporated
herein to the same effec* as if they were set out at length herein. Said Codes,
Ordinances and Regulations include, but are not limited to, the following: The
Code of the City *4 "`*0Y (including but not limited to Chapters 12A, 19s, 20, 21
and Res. 76 -41 a## 4 -47, thereof pertaining to local improvement procedures in
subdivision or 161i Foment - ?spectively); Ordinance No. 602 (Subdivision procedure,
etc.); Ordinance 'Zonino Ord.); Ordinance No. 1168 (1973 Uniform Rv` nq
Code); Rules and T on$ Included in the above are all of the above referred
Lo Codes, Oriinanr._. f �x °��s, Regulations and Substitutions thereof. as
amended to tie time . � •xec•jt *on of this agreement.
-1-
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by the Developer in each and every one of said Codes, Ordi-
nances and other Regulations.
b. To grant to the City without charge, free and clear of encumbrances,
any and all stipulated easements and rights of way in and to his
said real property necessary for the City in order that its water,
electricity, and /or sewer lines in or to said real property may be
extended.
C. To indemnify and hold the City harmless and free from ail damage and
liability done to any utility, public facility or other material or
Installation of the City on said real estate which the Developer or
any contractor or subcontractor of the Developer, or any employee
thereof, shall do in grading or working upon said real estate.
d. To construct and improve all public works facilities and other I.
provements as set out herein, according to the standards heretofore
established, and according to the grades, plans and specifications
thereof, all as approved by the City Engineer; and shall furnish
two (2) good and sufficient bonds. One shall be executed In the face
amount of no less than $ �`R'l , po'n , and shall guarantee the
faithfull performance of-this agreement; one shall be executed In an
amount no less than 50% of the above mentioned bond and shall secure
payment to the contractor, his subcontractors and to persons renting
equipment or furnishing labor or materials to them for the Improve-
ment hereunder, and as provided for in Section 4200 -4210 of the
Government Code of the State of California, the Codes, Ordinances.
Resolutions and Regulations of the City, and this agreement.
e. That upon approval of the final map of the subdivision, the record of
survey or the building permit covering the real estate to be Improved
and before any work Is done therein, the Developer shall pay to the
City all sums, except cost to be borne by the City,. shown in Section
1 thereof to be due under the terms and provisions of this agreement.
SECTION 3
That all sums shown herein to be payable by the Developer to the City are
due and payable to the City upon the execution of this agreement.
SECT -- ION 4
That all the provisions of this agreement and all work to be done pur-
suant to *the i terins of this agreement are to be' completed within one year. (from
and after the date and year first above written.
SECT 5
That the special provisions concerning the particular real estate re•
ferred to above, being attached hereto, are hereby Incorporated herein and.
expressly made a part of this agreement.
SECTION 6
The faithful and prompt performance by the Developer of each and every
term and condition contained herein is made an express condition precedent to
the duty of the City to perform any act in connection with this transaction,
and the failure,-neglect or refusal of the Developer to so perform, or to pay
any monies due hereunder when due shall release the City from any and all
-2-
obligations hereunder and the City, at its election, may enforce the perfor-
mance of any provision herein, or any right accruing to the City or may pur-
sue any remedy whatsoever it may have under the laws of the State of Califor-
nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the
event of any such default by Developer.
SECTION
That the following are the estimated amounts of costs to be borne by the
respective parties hereto, and it is further understood and agreed that said
amounts are estimated only and are subject of final determination upon comple-
tion of the work.
FACILITY DEVELOPMENT COSTS
a. Easements 6 Rights
of way "On Site" $ 10 0%
b. Easements 6 Rights
of way "Off Site"
c. Dater "On Site"
d. Water "Off �Itell
e. Sewer "On Site"
$ 100%
$ 1030.440
CITY'S COSTS BALANCE
$ -0- $ 100%
$ -0- $ 100%
$ -0- $ 1030.40
$ 13,278.19 $ -0- $ 13,278.19
$ 814.40
f. Sewer "Off Site" $ 100%
-3-
0
$ -0- $ 814.40
$ -0- $ 100%
g_ Storm,Drainage $ 2762.14 $ -0- 2762.14
"On 5 i te°"
h. Storm Drainage 11 456.73 -0- $ 11 , 456.73
"Off Site" $ $
1. Engineering, Inspec-
tion. b Plan Check, 11 , 240.00 00 -0- 11 , 240.00
4% x $____� $ -
J. Street Tree
Planting
With Buildin
Permit
k. Construction Water,
Dust Control
Earthwork
$ Deferred $ -0- $ Deferred
$ 703,94 $ -0- $ 703.94
1. Street Paving $ 100% $ -0 $ 100%
m. Street Curb 8 100% $ -0- $ 100%
Gutter $
n. Sidewalks S 100% S -0- $ 100%
o. Street Name Signs $ 100% $ -0- $ 100%
p. Fire Hydrants 100% $ -0- $
100%
"On Site" $
-4-
q. Street Lighting $ 100% $ -0- $ 100%
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
NET DUE CITY
$ 41,285,80
$ -0-
$ =:41 :285.80'
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
Y .
C ty ler
FO PROVED:
f
City Attorney
CITY OF GILROY
DEVELOPER: CITATION HOMES. a i�)artnershix
by CITATIM BUILDERS, a Partnership anc
General Partner of CITATION HOMES
BY
Donald Chaiken'Pinancial Officer
BVITATION BUILDERS, a. Partnership
DATE
NOTE: If Developer is a corporation, the complete legal game and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
STATE OF CALIFORNIA)
)SS
COUNTY OF ALAMEDA
On April 11 r 1979, before me the undersigned., a Notary Public
in and for said State, personally appeared Donald Chaken
authorized individual, of Citation Builders, a partnership, and said
authorized individual executed the within instrument on behalf of said
partnership, said partnership being one of the partners of Citation Homes,
a partnership, the partnership that executed the within instrument; and
acknowledged to me that said Citation Builders executed the same as one of
the partners and that said Citation Homes executed the same.
WITNES my hand and official seal,
OFFICIAL SLAL
HMAN
SAUX A.
r?e'' NO IARY N,:� -.IC C:AL ;FORNIA
SALLY WE RTHMAN 3 A L .1 DA C o u iv r Y
r� y C1rn.-n. Expires &,ay 4, 1982
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Flo.
Date 3 -30 -79
Initialed
Location of property Tract 6121
Assessor's Parcel # Tract 61,21
Name of Applicant MacKay s Somps - C i v i l Engineers
Address 1955 The Alameda, San Jose, Ca
Type of Development Proposed R e s i d e n t i a l Tract
Area 13.199 Acres Storm Zone ''A" $868
Frontage 4195-821
COST SCHEDULE
1. Front Foot dater Charges
160 LF @ _ /F. F. =
2. Front Foot Sewer Charges
160 LF @ 5.0q F.F. =
3. Front Foot Storm Charges
(106) @ $5.90 $625.40
(70 +__U I - nR LF @ 2 (t5 4�n1_/ �• _ 2136.74
4.--Front Foot Street Improvements .
SF @ __... -1 S. F. _
5: Front Foot curb 6 gutter charges
LF @ _
6. -Area Water Charge
1 3 . 199 Acres @ 1 OAc. _
a 1030.40
s 814.40
_.. ;. 2.762: 14
`
N. A.
a
N. A.
$ 13278.19
7.' Area Offsite Storm Drainage Fees ;
13. 199 Acres $868 /Acre = q 11456.73
8. Offsite Sanitary Sewer Fees
9. Recreation Fees
10. Engineering Plan Check & Inspection
4% x 281 , 000 =
11. Water Meter Charge
I I I Pieter @ _
12. Electroliers
LF @ _
13. Fire Hydrants
LF @
$ w /building permit
$ w /building permit
1; 11240.00
$ w /building permit
$ deferred
deferred
14. Construction Water
. 15(4195.82) +(5.65) (13.199)= $629.37 +$74.57 = $703.94 703.94
. 15 . AF +5.65 /Acre = $
15. Street Trees
16.
17.
Total =
STIPULATIONS
-2-
$ deferred
$
$ 41,285.80
ADDITIn4AL STIPULATI01S AND TERMS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND TRACT 6121 DATED q' 3 O- 79
1. The owners agree to comply with all conditions outlined in
Planning Commission Resolution #75-5•
2. An all weather roadway is required by the Fire Department
before any house framing may begin.
3. The City will participate in the cost of the sewer and
water main oversizing. The owner shall submit bids for
8" and 12" mains for review by the City. The City will
pay the cost of, the oversizing based upon the difference
between an 8" main and a 12" main upon acceptance of the
project .
4. The City of Gilroy will require the installation of a 12"
vitrified clay sewer pipe to be installed in the Uvas Park
Drive right of way. Said sewer main installation shall
run parallel to the rear of lots 22 through lot 28. The
installation of this main shall be deferred until construction
of the next unit.
0
I
STATE OF CALIFORNIA)
COUNTY OF SANTA CLARA)
On before me, the unders' ned, a Nota�' Pu lic
in d for said State, personally appea redZ�X� (�0'�Gdi�,�,
authorized individual of Citation Builders, a partnership, and
said authorized individual executed the within instrument on behalf
of said partnership, said partnership being one of the partners of
Citation Builders, a partnership, the partnership that executed the
within instrumento and acknowledged to me that said Citation Builders
executed the same as one of the partners and that said Citation
Homes executed the same.
WITNESS my hand and official seal. OFFICIAL SEAL
MARGARET A. MORRIS
g m NOTARY PUBLIC - CALIFORNIA
i
J�—WZ4'� x;', SANTA CLARA COUNTY
" My comm. expires JUN 28, 1982 i
Margaret . Morris
PLANNING COMMISSION
RESOLUTION # 77 -5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF GILROY, CALIFORNIA, APPROVING THE TENTATIVE MAP
OF SINGER HOUSING COMPANY AND SPECIFYING THE NATURE
AND CHARACTER OF THE IMPROVEMENTS TO BE MADE
TENTATIVE MAP: TM 76 -6
Applicant: Singer Housing Company
Location: West of Miller Ave., north of the Uvas Creek
THE PLANNING COMMISSION OF THE CITY OF GILROY, CALIFORNIA, DOES RESOLVE
AS FOLLOWS:
WHEREAS, the Planning Commission did on the 20th day of
January, 1977, consider the Tentative Map of Singer Housing Company,
consisting of 296 lots, and
WHEREAS, the Planning Commission finds
1. The proposed map is consistent with
land use designation of the General
2. The site is physically suitable for
ment proposed.
3. The site is physically suitable for
density of the development.
-hat:
the low density
Plan.
the type of develop -
the proposed
4. The design of the subdivision or the proposed
improvements will not cause substantial environmental
damage.
WHEREAS, the Planning Commission finds that pursuant to
provisions pertaining to procedures and guidelines implementing the
California Environmental Quality Act of 1970, an Environmental Im-
pact Report has been filed by the Director of Planning.
WHEREAS, the Planning Commission has determined that the
Tentative Map complies with all the provisions of the Subdivision and
Zoning Ordinances of the City of Gilroy.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
does hereby approve the Tentative Map of Singer Housing Company subject
to the following conditions:
1. Building permit issuance will be limited to 50
units per year from the time of the recording
of the tract map. Phasing of the construction
of homes will be adjusted to meet the approved
build -out schedule. Construction phases shall
proceed from the east to the west ends of the
development
2. The developer shall provide evidence of agreement
with the developers of the adjacent property to
show their cooperation with the revised street
pattern for the westerly ends of the two sub-
divisions.
3a. Th developer shall dedicate, to the City, that area
w 'ch lies Between the toe of bank on the north -
asterly side of Uvas Creek, and the north - eastern
�- edge of the proposed Uvas Park Drive. (This is the
hi h the levy the bike path and the
i r(.1 .1 upon w c 0
fo adway will be constructed).
ti!I�'
P C Resolution 77 -5
- 2 -
January 20, 1977
The developer shall provide a flood control
easement to the Santa Clara Valley Water District Ir;
to cover any area which may lie between the exist-
ing easement which the City received in the 1930's
and the above dedication.
3c. The property owner shall retain the right to
collect rent for the quarry use until the
operation ceases. C ,t�O, L^ -«e• -. -ta `&
3d. The subdivider shall inform prospective buyers in
writing of the quarry operation adjacent to his
subdivision.
--.4. No building permits shall be issued in any area
where the ambient noise levels during the operation
of the gravel plant are greater than 58dbA.
5. No access will be permitted to the Uvas Park Drive
from lots backing onto it.
6. A 6 foot high solid masonry or decorative wall
acceptable to the Architectural and Site Committee
shall be installed along the property line adjacent
to Uvas Park Drive. The wall shall be constructed
at each phase of the development.
7. The developer shall raise /reconstruct the existing
levee in conformance with plans to be approved by
the Santa Clara Valley Water District and the City.
8. The developer shall provide calculations to support
his design of the storm drainage system.
9. Surface drainage shall not be permitted to run from
one lot onto another.
10. The developer shall construct the lots adjacent
to existing developed property in such a manner
that the new lots will not be higher than nor drain
upon the developed area which they adjoin.
11. The developer shall provide for sewer and water
main oversizing as directed by the Director of Public
Works. The City shall pay the oversizing cost.
12. The developer shall provide a liquifacation report
as called for in the EIR:
Data shall include:
a. Estimated level of water table.
b. Location of drill holes.
C. The developer shall provide drilling
logs with sample intervals.
d. Appendix shall include the detailed analysis.
13. The developer shall provide a secondary access to
this subdivision with the first unit. This access
shall either be by connection to Santa Teresa Drive
or by a temporary all- weather driveway to Miller
Avenkie. (Said temporary driveway, if used, should
be maintained for emergency vehicles only and closed
to t liru traffic) .
C RESOLUPION 77 -5 - 3 - January 207-7777
' 14. Al improvements shall conform to the City of
Gi 1 . -oy standards.
15. Any water wells shall be properly sealed.
16. The developer shall submit a soils report to the
Director of Public Works.
17. The developer shall install faucet aerators on
lavatories and kitchen sinks and flow limiting
shower heads and water saving toilets in each
residence to be constructed in this subdivision.
18. The developer shall provide low water consumption
landscaping in any areas which the developer pro-
poses to landscape.
19. If archaeological materials are found during excavation
or construction, work shall be stopped in the immediate
area and the Planning Department notified. The
developer will be responsible for the evaluation of
the materials by a qualified Archaeologist. A list
of qualified archaeologists is available at the
Planning Department.
20. All heating vents shall be located either in the
floor or in the wall within 8 inches of the floor,
21. The developer shall reimburse the City of Gilroy
for 15 gallon size trees to be planted in all streets.
22. Proper siltation facilities will be constructed to
eliminate or significantly reduce any siltation
which may arise from erosion during construction.
23. Usable top soil shall be stock piled and utilized
to establish new vegetation as homes are constructed.
24. Typical street sections as shown on the Tentative
Subdivision Map submitted by the developer shall
be redesigned in accordance with specifications by
the Director of Public Works, in order to provide
for minimum 5 foot wide parkway. Such designs shall
be substantially in conformance with Exhibit B,
(Typical street sections for Singer Housing Subdivision
Map) dated January 6, 1977.
25. Off -site improvements shall be constructed by the
developer along the north side of Miller Avenue
between the intersection of Saratoga Place and 8th
Street intersection, and the northside of the pro-
posed Uvas Park Drive.
26. Deed restrictions shall be placed on lots 1 -4 and
20 -32 to allow single story homes only.
27. Approval of the Tentative Map is conditioned upon
the developer and the school district reaching an
agreement to alleviate additional school impaction
problems as a result of this development.
PASSED AND ADOPTED this 20th day of January, 1977, by the
following vote to wit;
AYES: Commissioners Chiesa, Edde, Miller, White, Aceves
NAYES: Commissioner Harrison
ABSENT: Commissioner Braquet
ABSTAIN: None
__X. K_
t;C. _ _..Y.L._._.4iC._ .1%:__. Wit: __ x_�iL= ___.�5�_.�t
Bond No, BND 210 06 00 ( D) 7 A ed as to t
1 Premium: $ 8W3.00
City Attorricy
�..S•j l`.•r'•'
SUBDIVISION IMPROVrMENT
FAITHFUL PERFORMANCE BOND
i%e
Continental
Insurance
KNOW ALL MEN BY THESE PRESENTS: Companies
WHEREAS, City of Gilroy
(Board of Supervisors of the County of /or; the City Council of the City of)
State of California, and Citation Homes, a General Partnership
(hereinafter designated as "principal ") have entered into an agreement whereby princi-
1 agrees to install and complete certain designated public improvements, which said
agreement, dated 19 , and identified as project
Tract 6121
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 Firemen's Iris. Co. of Newark, NJ as
Surety are held and firmly bound unto the City of Gilroy
(County of /or; the City of)
hereinafter called City of Gilroy in the penal sum of Two- Hundred
(COUNTY /or CITY)
Eight -One Thousand and no /100-- - - - - -- dollars ($ 281,000.00 } 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 sever -
ally, firmly by these presents.
THE condition of this obligation is such that if the above bounded principal, his
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 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 of Gilroy , its officer,, agents and
(County of /or; the City of)
employees, as therein stipulated, then this obligation shall become mill. and void, other-
wise 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 of Gilroy in
(County of /or; the City of
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, alter-
ation or addition to the term, of the agreement or to the work to be performed there-
U*deror the specifications eccompaying 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 specifica-
tions.
IN Witness whereof, this instrument has been duly executed b the principal and
•� Y Y P P
Surety above named, on _ March 29 , 19 79
e �
Citation Homes, a Partnership
By: C r nian15puilder , a general x
By: ep n C. Schott, General Manager'
Central Division, CIT,&TIoN BiTILDER
a Partnership
Firemen's Ins. Co. of Newark, NJ
Surety
•
By
am ee Attorney .r
s
3 +f
Pac Bond 3379 B -1 S;
STATE OF CALIFORNIA
SS.
County of Alameda-
On
this 29th day of March in the year One Thousand Nine Hundred and 79
before me, William Mathel!/7ds Brooks a Notary Public in and for the
County of Alameda , State of California, residing
therein, duly commissioned and sworn, personally appeared
William Keeling
known to me to be the person whose name is subscribed to the within instrument
as the attorney
Firemen it 1111111. 1111111. O. of Newa-rYl-oij (a Corporation)
and acknowledged to me that he subscribed the name of said Corporation thereto
as surety and his own name as attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official off e '`d
County of the day and year in this certificate h
OFFICIAL SEAL
Notary Public in and for the County of a WILLIAM MATHEWS BROOKS
rn� ' NDTARY PUBLIC • CALIFORNIA
My Commission Expires - "< 'iV' ALAMEDA COUNTY
` • on Expires Jun, 14, 1992
Pie Bond 2824A My Commission _
STATE OF CALIFORNIA )
)SS
COUNTY OF ALAMEDA )
On 1979, before me, the undersigned, a Notary Public
in and for said State, personally appeared STEPHEN C. SCHOTT
authorized individual, of Citation Builders, a partnership, and said
authorized individual executed the within instrument on behalf of said
partnership, said partnership being one of the partners of Citation Homes,
a partnership, the partnership that executed the within instrument; and
acknowledged to me that said Citation. Builders executed the same as one of
the partners and that said Citation Homes executed the same.
f:Lla's07a.iEL'a: ass: i; �' aS .SlC3�EIC:lLlOaCBl11!!3!d!lee.
'
WT�`NES my hand and official �I's 3.IAL
/al seal. SEAL
�sEZT�MAN
�
('.AUFORNIA
SALLY WERTHMAN ,a > ✓1 1 =err
6:y C -'ay 4, 1982
I,1 L, 1;1 N1 I` N'S INSURA.NCI: Cl0M11A.NY
OF NEWARK, MEW JLRSF.Y
130 lAti'dvn I,onc, Hev/ '(or k, New York' 10038
- a GENERAL POWER OF ATTORNEY
Kf10W all men by these PreSents,Thal the FIREMEN S INSURANCE COMPANY OF NEWARK, NEW
JER EY has made constituted and appointed. and by these presents does make, constitute and appoint
Barbara Mathews or Janet Wong or William Keeling all of San Leandro, California, EACH
its true and lawful altorney for it and in its name, place. and stead to execute on behalf of the said Company, as surety, bonds.
undertakings and contracts of suretyship to be given to
all obligees on behalf of Citation Homes
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
Burn of Unlimited Dollars.
rhis Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso-
Iution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet-
ing duly cal ?ed and held on the 20th day of February, 1975.
'RESOLVED. thm the Chairman of the Board, tho Vice Chairman of the Board. the President, an Executive Vice President or a Senior Vice Pres-
ident or a Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attor-
ney named in the given Power of Attorney to execute in behalf of FIREMEN INSURANCE COMPANY OF NEWARK. NEW JERSEY, bonds. under-
takings and all contracts of suretyship, and that an A"istant Vice President, a Secretary or an Assistant Soo- relary be, and that each or any of them here-
by is. -julhofized to attest the execution of any such Power of Attorney, and to attach thereto the seat of the Company.
FURTHER RESOLVED, [hat the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any
certifi. ale r. hating thereto by (oCSirnil. , and any such Power of .attorney or certificate be3rinq such racsimile signatures or facsimile seat shall be valid
and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attach-
ed.'
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal
to br., hereunto affixed, and Ihese presents to be signed by one of its Senior Vice Presidents and attested by one of its Assist-
ant Vice Presidents this 22nd day of April, 1975.
Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY
By
Eugene P. Dougherty. Assistant Vicc Presiden� • ^ -�
�J [`A I E OF NEW YORI< ., n. K. nu36ch, Senior Vice-President
COUNTY OF NEW YORK, 5y
On this 22nd day of April, 1975, ' ^efore me personally carne R. K. Ruesch, to me known. who boing by me duly sworn,
dirt rJ ^posc and say that he rasidtz:; in i`1evi Providenue, in the County of Union, State of New.Jersey, at 35 Alden Road; that
he is d 3onior Vice Fresidt ?ni of the FIHEMEN S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation de-
scribed in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order.
HERBERT HOFFMAN
NOTARY PUStIC State of New York
No 52 1821035 Qual in Suffolk County
CERTIFICATE Cell bled in N Y Co Clk's Office
R Commission Expires March 30. 1919
I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY.
a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force
and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of At-
torney, is now in force.
Signed and sealed at the City of New York. Dated the 29th day of March 19� 79
James M Keano. Assistant Secretary
21 M.nd 43150
A
.ty
f
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
General Partnership
'li�Nli�fA?Al
BOND NO: BND 210 06 00 (D)
PREMIUM: Incl. in F.P.
That Citation Homes, a
as Principal, and the Firemen's Ins. Co, of Newark, FJ a corporation
organized and existing under the laws of the State of New Jersey
and authorized to transact surety business in the State of California,
as Surety, are held and firmly bound unto City of Gilroy
for the use and benefit of any and all persons entitled to file c FaTim
under Section 116121 Business and Professions Code of the State of
California, in the sum of
Two- Hundred Eighty -One Thousand and no /100-------------------- - - - - --
-------------------- Dollars ( $281,000.0Q) -for the payment whereof,
and truly to be made, said Pz- incipal and Surety bind themselves,
their heirs, administrators, .successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS.OBLIGATIONIS SUCH, That Whereas, the
Principal has- entered into or(is, 'about to enter into a certain
Agreement or Contract wit 'tl- e;Obligee wherein the Principal agreed
to complete the following`ip rovements:
Tract 6121
as more fully set forth in,,-said Agreement.
NOW, THEREFORE, if thelPrincipal shall pay the contractor, his
subcontractors, and persons ,rent,ing equipment or furnishing labor and
materials to them for the im roveme'nt, then this obligation shall be
null and void; otherwise, to remain in full force and effect.
The aggregate liability of t�e,Surety for any and all claims hereunder
shall in no event exceed the sum specified in this bond.
` Time for filing suit on this bond shall be limited to six (6) months
from date of final completion and acceptance of the work by the
Obligee.
SIGNED and SEALED this 29th day of March 1979.
�- Citation Homes, a partnership—
By: —
Cit ion Builders, a general
a nershi Firemen's Ins. Co. of Newark, NJ
Surety
ByJ ffn C.Scjhott, General manager,
_Central Division, CITATION BUILDERS,
a Partnership By
Principal wiIIIam Keeiing
'm' I>otld 3771
STATE OF CALIFORNIA )
)SS
COUNTY OF ALAMEDA )
0 3!J , 1979, before me, the undersigned, a Notary Public
in and for said State, personally appeared STEPHEN C. SCHOTT
authorized individual, of Citation Builders, a partnership, and said
authorized individual executed the within instrument on behalf of said
partnership, said partnership being one of the partners of Citation Homes,
a partnership, the partnership that executed the within instrument; and
acknowledged to me that said Citation Builders executed the same as one of
the partners and that said Citation Homes executed the same.
�1r:ce[a:vaatz: seat. ��a�•[°< ca :, ±.. ".ae.r3[as_®:..a.[�[aar
WITNESS hand and official /seal. 1 . : 1 A L SEAL
LIFORNIA w°
/NTY
ALLY A. V&THMAN o'
G;; � ::. � 'y 4. 1982
STATE OF CALIFORNIA
ss.
County of Alameda
On this 29th day of March in the _}'ear One Thousand Nine Hundred and 79
ar
before e, VIITiam Mathews Brooks ---
a Notary Public in and for the
County of Alameda State of California, residing
therein, dul commissioned and sworn, personally appeared
gilliam Keeling
known to me to be the person whose name is subscribed to the within instrument
as the attorney of
Firemen's Ins. Co. — of Newark. NJ (a Corporation)
and acknowledged to me that he subscribed the name of said Corporation thereto
as surety and his own name as attorney /
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off' I m�// r the said
County of the day and year in this certificate�/li e�fGf' t
pf / OFFICIAL SEAL
Notary Public in and for the County of WILLIAM MATHEWS BROOKS
a NDTARY PUBLIC • CALIFORWA
My Commission Expires''' ,I° ALAMEDA COUNTY
Pie Bond 2524 A
My Commission Expires Jun. 14, 1982
f' RFN11F'N'S INSllRANCI (';OMPANY
- OF NEWARK, NEW .JE--IZSFY
S ;n Mfli(.ie,n Leine, Nevi Y,)rk, Now York • 1 0018
r
GENERAL POWER OF ATTORNEY
Know all Ilion by tliese Presents,Thal the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW
JER EY has mane constituted and appointed. and by these presents does make, constitute and appoint
Barbara Mathews or Janet Wong or William Keeling all of San Leandro, California, EACH
its true and lawful attorney for it and in its name. place, and stead to execute on behalf of the said Company, as surety, bonds,
undertakings and contracts of suretyship to be given to
all obligees on behalf of Citation Homes
provided that no band or undertaking or contract of suretyship executed under this authority shall exceed in amount the
,urn of Unlimited Dollars.
rhis Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso-
lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet -
ing duly called and held on the 20th day of February, 1975.
"RESOLVED, th ;�i the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice Pres-
ident or a Vice President of the Company, be. and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attor-
ney named in the given Power of Attorney to execute in behalf of FIREMEN S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, under -
lakings and all contracts of suretyship; and that in Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them here-
by is, authorized In attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signalures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
cartificale relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile spat shall be valid
and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attach-
ed."
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal
to be hereunto affixed, and these pres,�nts to be signed by one of its Senior Vice Presidents and attested by one of its Assist-
ant Vice Presidents this 22nd day of April, 1975.
Attest:
FIREMEN'S INSURANCE COMPANY OF NEVVARK. NEW JERSEY
By
C V 1/v is°
Eugene P. Dougherty. Assistant Vice Presiden�
��r;arE i:7F NEtA! YORI <., )
n. K. Ruaech, S<nior Vice - President
COUNTY OF NEW YORK,
On this 22nd day of April, 1975, neforr: me personally carne R. K. Ruesch, to me known, who being by me duly sworn,
dirt rJep r;c and say That he raid -s in f le:v Providence, in the County of Union, State of New .Jersey, at 35 Alden Road; that
he is a Senior Vice Piesidoni of the FIREMEN S INSURANCE COMPANY OF NEWARK. NEW JERSEY, the corporation de-
scribed in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by tike order.
HERAERI HOrfMAN
NOTARY PUBLIC Stale of New York
No 521821035 Qual in Suffolk County
CERTIFICATE Celt filed in N Y Co Clk's Office
Commission Expires March 30. 1919
I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY,
a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Powcr of Attorney remains in full force
arid has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of At-
torney, is now in force.
Signed and sealed at the City of New York. Dated the 29thday of March '19 79
James M Keane. Assistant Secretary
21 e1m.1 43150