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Citation Builders (5)PROPERTY DEVELOPRIENT AGREEMENT AGREEMENT FOR EXTENSIONS OF u!ATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; INSTALLATION OF SEDERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 18 day of July 19 77, by and between the City of Gilroy, a municipal corporation, herein called the "City" and CITATION HOMES, a partnership, successor to, a real property owner, SINGER HOUSING COMPANY, developer or subdivider, herein called the "Developer." WITNESSETH: 11HEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: SPRINGWOOD TRACT #6054 and, WHEREAS, the Developer requires certain utilities and public works facili- ties in order to service the property under the minimum standards established by the City and, MkEAS, 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 responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing 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 between 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 California concern- ing the subject matter of this agreement are hereby referred to and incorporated herein to the same effect 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 of Gilroy (including but not limited to Chapters 12A, 19, 20, 21 and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance Flo. 602 (Subdivision Procedure, etc.); Ordinance Mo. 711 (Zoning Ord.); Ordinance No. 1768 (1973 Uniform Building Code); Rules and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as amended to the time of execution of this agreement. -1- 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 all 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 im- 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 $ 314,000 , 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 7 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. SECTION 4 That all the provisions of this agreement and all work to be done pur- suant to*the� terms of this agreemeht are to be' completed within one:*year.from and after the date and year first above written. SECTION 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 7 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 a. Easements & Rights of way "On Site" b. Easements & Rights of way "Off Site" c. Vater "On Site" See calc sheet d. !later "Off Site" See CaIc. Sheet e. Sewer "On Site" f. Seeder "Off Site" See ca lc. sheet DCVELOPME "iT COSTS CITY'S COSTS BALANCE $ 100% $ 0 $ 1003/0 $_ -- 100 0 $ 0 $ 100°/ $ 1779.82 $ 0 $ 1779.82 $ 14,643.03 $ 0 $ 14,643.03 $y 1000% $ 0 $ 100% $ deferred $ 0 $. deferred -3- g. Storm Drainage $ 100% $ 0 $ 10% "On Site" h. Storm Drainage "Off Site" $ 122634.35 $ 0 $ 12,634.35 See Ca lc. Sheet i. Engineering, Inspec- tion, & Plan Check, 4% x $ 314.000 $ 12,560 $ See Calc. Sheet J. Street Tree Planting With Building Permit k. Construction !later, Dust Control & Earthwork See CaIc. Sheet 1. Street Paving m. Street Curb Gutter n. Sidewalks c. Street Name Signs p. Fire Hydrants "On Site" N $ 12,560 $ 0 $ Deferred $ 968.74 $ 0 $ $ 100% $ i nrw/_ 4 $ 100% $ 0 $ 100% $ 100% $ 0 $ 100% $ 100% $ 0 $ 1000% nmi -4- $ 0 $ 100% W q. Street Lighting $ 100% $ 0 $ 100% DUE CJY BY DEVELOPER $ 42,,585.74 DUE DEVELOPER BY CITY $ 0 NET DUE CITY $ 42,585.74 N WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: City Clerk FORM APPROVED: City Attor *ey CITY OF GILROY Ni yor City i DEVELOPER CITATION HOMES, a partnership BY Stephen C. Schott, General Manager Central Division, Citation Builders, a partnership DATE '7 - / S 7 NOTE: If Developer is a corporation, the complete legal Flame and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. r ADDITIMAL STIPULATIOIS AND TERMS TO THE DEVELOPMENT AGREEMENT QETUEEN THE CITY AND CITATIONTRACT #6054)ATED 7/14/77 1. The owner agrees to comply with all conditions outlined in planning Commission Resolution ##77 -5. 2. The city will participate in the cost of the sewer and water main oversizing. The owner shall submit bids for 8" and 121' 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. 3. The owner agrees to submit all improvement plans for the modifications to the levee and the future Uvas Park Drive to the Santa Clara Valley Water District and the City Engineer for comments and revisions. The owner further agrees that no building permits shall be issued on any homes except Models until the levee plan revisions are complete and work has begun. CITATION HOMES, a partnership 1t SIGNATURE Stephen C. Schott, General Manager Central Division, Citation Builders, a partnership CITY OF GILROY CEVELON"UNT COST SCHEDULE No. [late 7/8/77 Initialed Location of property Miller Ave Assessor's � °rrcel ## Name of Applicant --Citation Homes Tract ##6054 Address Type of !lave : opment FroFcsed R -1 Area 14.5557 AC Storm Zone A - 868/AC Frontage __ 276.37' COST SCHEDULE 1. Front Foct plater C!.Crges 2761L. _ LF O _6.44 /F.F. _ 2. Front Foot Server Charges LF @ /F.F. _ 3. Front Foot Stcr�7 Charges 0 !.F @ 1f.r. 4. Front Foot Street Improvements SF @ 5. Front Foot curb & gutter charges LF @ 6. Area hater Charge 14.5557 Acres @1006 Ac. _ $ 1779.82_ By Owne r $ By owner $ 14,643.03 7. Area Offsite Storm Drainage Fees 14.5557 Acres @ $868. /Acre = 8. Offsite Sanitary Sewer Fees 60 lots @ $550 / Lot 9. Recreation Fees 10. Engineering Plan Check R Inspection 4% x$314,000 11. 14ater Meter Charge 1" Pieter @ $80.00 12. Electroliers LF @ _ 13. Fire Hydrants LF @ _ 14. Construction Mater 2,210. AF +14.557Acre = .82.24 + 331.50 Uvas Park Dr. Levee Work = $555.00 15. Street Trees 16. _ 17. Total = STIPULATIONS -2- 12,634.35 $ w /building permit $ w /building permit $ 12,560 $ w /building permit $ by owner $ by owner $ 413.74 $ w /building permit $ $ 42 ,-58 S _ 24 I 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: Citation omes § }-a- partnership successor to Singer Housing Company Location: West of Miner 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 that: 1. The proposed map is consistent with the low density land use designation of the General Plan. 2. The site is physically suitable for the type of develop- ment proposed. 3. The site is physically suitable for the proposed density of the development. 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 any: Zoning - Ordinances of the City of Gilroy. NOW, THEREFORE, BE-IT RESOLVED that the Planning Commiss does hereby approve the Tentative Map of Singer Housing Company sub-e 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 -'-ie revised street pattern for the westerly ends f the two sub- divisions. 3a. The developer shall dedicate, u the City, that area which lies between the toe of bank on the north - easterly side of Uvas Creek a -.d the north - eastern edge r;f the proposed Uvas Park Drive (This is the ,,rea .tpon which the levy, the h ke path, and the r,:,adwav will be constructed) r , C Resolution 77 -5 - 2 - 3b. The developer shall provide easement to the Santa Clara to cover any area which may ing easement which the City and the above dedication. January 20, 19' a flood control Valley Water District lie between the exist - received in the 1930's 3c. The property owner shall retain the right to collect rent for the quarry use until the operation ceases. 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 inn 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 r.riveway to Miller Avenue. (Said temporary driveway, if used, should be maintained for emergency vehicles only and closed to thru traffic). .SOLSTI01q 77 -5 - 3 - January 20, 1977 14. All improvements shall conform to the City of Gilroy 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 home* are constructed. 24. Typical`strest 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, (T ical 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 y , - �y C Resolution 77 -5 TEST: kA Michel A. Bedaux, Secretary - 4 - January 20, 1977 I, MICHEL A. BEDAUX, Secretary of the Gilroy Planning Commission do herby certify that this is a true and correct copy of Resolution 77 -5. Dated: January 20, 1977 MICHEL A. BEDAUX, SECRETARY GILROY PLANNING COMMISSION A Vold 41'r- / 4 City A SUBDIVISION IMPROVEMENT BOND BOND NO: BND 210 06 00 (A) 80 LABOR AND MATERIAL (CALIFORNIA) PREMIUM: Included in F. P. KNOW ALL MEN BY THESE PRESENTS: That Citation Homes. a General as Principal, and the Firem _nis Tng_ C''o- of New rk,j a corporation organized and existing under the laws of the State of New Tpr,,;p3 and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CountX Count. of Contra Costa Tract 6054 or the use and benefit of any and all persons entitled to file c -aim under Section 11612, Business and Professions Code of the State of California, in the sum of One hundred fifty -seven thousand and no /100ths -------- - - - - -- Dollars and truly to be made, said P their heirs, administrators, severally, firmly by these pr THE CONDITION OF THIS Principal has entered into Agreement or Contract wit to complete the following as more fully set forth inwa NOW, THEREFORE, if the subcontractors, and persons materials to them for the i null and void; otherwise, t The aggregate liability of t shall in no event exceed the !�Wssigns, or the payment whereof , ty bind themselves, jointly and S SUCH, That Whereas, the to enter into a certain wherein the Principal agreed Tract #6054 t. i l shall pay the contractor, his equipment or furnishing labor and T nt, then this obligation shall be n.,in full force and effect. for any and all claims hereunder ified in this bond. Time for filing suit on t<' `�bnd ;all be limited to six (6) months from date of final completion and eptance of the work by the Obligee. SIGNED and SEALED this 18th day of July 19-Z7. Citation Homes a General Partnership F' . J. Surety By VS4'. Janet Wong A orney (Executed in Duplicate) Pac Bond 3771 t W C W X W J IL a E- m I TO 442 C O ( Partnership) STATE OF CALIFORNIA COUNTY OF Alameda SS. On July 18, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen C. Schott, General Manager, Central Division Citation Builders, a partnership known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. hand and official seal. j/ Janet M. Mongelli v Name (Typed or Printed) STATE OF CALIFORNIA County of Ala=eds On this I8:Lb day of OFFICIAL SEAL a STELLA LOW ' NOTARY P E!IC - CALIFORNIA ALAMEOA COU14TY c My Commission Ex; Ires Mar. 13, 1981 SS. ieeeleees! eeeeaeeeeaeeeseesxeersaeaaeeeeeeaeeeESaeeeee !11 OI+I'IC;IAL SEAL JAINET NIL AACINGEL! o � f � NOTARY PUBLIC - CALIFORNIA °+ ALAMEDA COUNTY My Commission Expires April 25, 1981 ueupuueeeeuueeueuuuuuaeeefeueeuueeueei� (This area for official notarial seal) .T111�'V.__ in the year One Thousand Nine Hundred and�at��.ey$n before me, StP11^ T ntxr a Notary Public to and for the County of AlaTTlPda State of California, residing therein, duly commissioned and sworn, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney In 122af of r.+:...,......,, .,„ t e. T—, Ort of NTaxxr„ T ITT T (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 seal ai my office in the said County of Alameda the day and year in this certificate firs! abo,,e written. Notary Public in and for the County of Alameda , Califontia My Commission Expires 1Vfa re 12 - I q91 e1236 .►R IN TLD IM U.S.A. Pac Bond 2824 A FIREMEN'S INSURANCE COMPANY .• _ OF NEWARK, NEW JERSEY 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these PI'eSentS,That the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY 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 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 sum of Unlimited Dollars. This 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, that 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- takings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them here- by is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile 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 be hereunto affixed, and these 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. FIRFMFN'.q IN .OIIRAN(:F r(-)MPANY OF NF\NARK NFW .IFRSFY Attest: By Eugene P. Dougherty, Assistant Vice President ' r. STATE OF NEW YORK, COUNTY OF NEW YORK, ss.: R. K. Ruesch, Senior Vice - President On this 22nd day of April, 1975, before me personally came R. K. Ruesch, to me known, who being by me duly sworn, did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden Road; that he is a Senior Vice President 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 like order. i:NO1RRY'. s" �.'•. �ueu�: v HERBERT HOFFMAN «;.• NOTARY PUBLIC. State of New York No 51 1821035 Qual in Suffolk County CERTIFICATE Celt feed in N. Y Co. Clk's Office Commission Expires March 30. 191 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 18t,day of July _19 77 21 Bond 4315D �;. � James M Keane. Assistant Secretary �. +,;;� -. ��• os, Printed in U.S_A. CERTIFICATE OF SECRETARY RE ADOPTION OF RESOLUTION The undersigned hereby certifies: That I am now and at all times herein mentioned have been the duly elected, qualified, and acting Secretary of GLADWAY ENTERPRISE, INC., a California corporation, and that I am in charge of the minute book and corporate records of said corporation and /or have knowledge of the contents thereof; That the CITATION HOMIES' Joint Venture Agreement between CITATION BUILDERS and AUGUSTA CORPORATION, dated January 3, 1977, Provides, among other things, that CITATION BUILDERS: (a) is the the managing general partner on behalf of CITATION HOMES, (b) has the full, exclusive, and complete authority and discretion with respect to and shall be responsible for the day -to -day management and control of the business of CITATION HOMES, the joint venture, and (c) has certain enumerated powers to authorize persons on behalf of CITATION HOMES to enter into contracts and other instru- ments customarily employed in the real estate.industry in connecti:.:, with the acquisition, construction, sale, lease, financing, develo- ment and operation of real properties; That the CITATIO[,J BUILDERS' Partnership Agreement by and GLADWAY ENTERPRISES, INC., TAVA DEVELOPMENT CO., DAVIDON CORP., SAS DEVELOPMENT CO., and DWC CORPORATION dated January 3, 1977, provic__, lu among other things, that GLADWAY ENTERPRISES, INC.: (a) is the managing partner on behalf of CITATION BUILDERS, a general partner- ship, (b) has the full and complete authority and discretion with respect to, and shall be responsible for the day -to -day management and control of the business of CITATION BUILDERS, and (c) has certain enumerated powers to authorize persons on behalf of CITATION BUILDERS to enter into contracts and other instruments customarily employed in the real estate industry in connection with the acquisi- tion, construction, sale, lease, financing, development, and operation of real properties. That the following is a correct copy of a resolution of the Board of Directors-of GLADWAY ENTERPRISES, INC. on January 3, 1977, and the same has not been modified or rescinded and is as of the date of this certificate in full force and effect: RESOLVED: that the General Manager or Financial Officer of CITATION BUILDERS as to the business of CITATION BUILDERS and any one person appointed to an employment position of one or more divisions of CITATION BUILDERS by the Board of Directors of GLADWAY ENTERPRISES, INC. as to the division or divisions of which he is an appointed employee be and hereby is authorized and empowered for and in the name of CITATION HOMES or CITATION BUILDE=RS, to negotiate, sign, execute, and deliver any and all other documents relating to any existing or future subdivision or real estate development by CITATION HOMES or CITATION BUILDERS that are required or are convenient to be filed with the State of California or any branch, agency, instrumentality, or geographical subdivision thereof, or any county or municipality, including but not limited to applications for the issuance of public reports by the California Department of Real Estate, applications for tentative and final maps, application for zoning use permits, and planned -unit and similar development applications, declarations of covenants, conditions and restrictions, homewoner association articles, by -laws and homeowner association agreements, and all applic.,tions and other docu- ments to qualify for FHA insured and VA guaranteed home loans and any other government loans relating to housing. 0 I further certify that STEPHEN C. SCHOTT is the duly appointed and acting General Manager of the Central Division pursuant to resolution of the Board of Directors of GLADWAY ENTERPRISES, INC. dated January 3, 1977, which resolution also is in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this certificate .and affixed the corporate seal of the corpor kE-NN--- on April 11, 1977. TE M. CHAN DLER 3 Bond No. BND 210 06 00 (A) 80 Tel a� A ��� m: Premium: $ 942.00 G��/I' . _ City rlt.a::.� SUBDIVISION IMPROVEMENT Y FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: The Continental Insurance Companies WHEREAS, C''n»nty of qqnt:i Clara (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- pal agrees to install and complete certain designated public improvements, which said agreement, dated JuIg 18th , 19__71_, and identified as project Tract ##6054 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 Ins, Co. of Newark. N.J._ as Surety are held and firmly bound unto the Cn„nty of j antra r'nc +a !(County of /or; the City of) hereinafter called County of Contra Costa in the penal sum of Three., hundred . (COUNTY /or CITY) fourteen thousand and no /100ths dollars ($314,000.00 ) 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 County of Contra Costa , its officers, agents and (County of /or; the City of) employees, as therein stipulated, then this obligation shall become null 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 County of Contra Costa 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 terms of the agreement or to the work to be performed there - u'der or the specifications e;compaying 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 by the principal and Surety above named, on Jill ; 1Rth , 19 22 Citation Homes, a General Partnership Princ pal s Firemen's Ins. Co. of Newark, N. J. Surety By va'a-a jk&a� Janet Wong ttorney Pac Bond 3379 B -1 TO 442 C (Partnership) 0 STATE OF CALIFORNIA SS. COUNTY OF Alameda On July 18, 1111 before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen C. Schott, General Manager, Central Division W Citation Builders, a partnership W known to me x Wi to be Orie of the partners of the partnership L 4 that executed the within instrument, and acknowledged to me f U) that such partnership executed the same. OFFICIAL SEAL I WITNES y hand and official seal. ` t� Jfi° i t MONI yLLI II // Y NOTH 2Y PUEDA - CA 1:O2NIA Signatu fAED4. Vff ALA COV TY Janet M. i�i o ongelli My Commission Expires April 2b, 1981 f Name (Typed or Printed) ■iiifiliii3fiiii5ii lit iiixilliiliiiiiiiliiiiiiilriiii (This area for official notarial seal) STATE OF CALIFORNIA county of Alameda On this Will day of 77ICIAL SEAL TELLA LOW UBLIC - CALIFORNIA MED A COUNTY on Expires Mar. 13, 1981 SS. J-ul,y in the year One Thousand Nine Hundred and Seventy —Seven before me, Stella T ,ow a Notary Public in and for the County of , State of California, residing therein, duly commissioned and sworn, personally appeared Janet Wong known to me to be the person whose name is subscribed to the within instrument as the attorney In T-i'a,Ct of Ri- ements Ins- C-o of Newark, N J (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, 1 have hereunto set my hand and affixed my official seal si my office in the said County of Alameda the day and year in this certificate firsf above wri en. Notary Public in and for the County oi— A la= In d a California My Commission Expires March 13, 1981 Pac Bond 2824A 323e.0N1NTxo IN U.S.A. FIREMEN'S INSURANCE COMPANY • ' �" OF NEWARK, NEW JERSEY n 80 Maiden lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY 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 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 sum of Unlimited Dollars. This 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, that 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- takings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them here- by is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal 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 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. FIRFMFN'S IN411RANC'F (nMPANY C)F NF \NARK NFW AFR�qFY Attest: By Eugene P. Dougherty. Assistant Vice President STATE OF NEW YORK, COUNTY OF NEW YORK, ss. nt On this 22nd day of April, 1975, before me personally came R. K. Ruesch, to me known, who being by me duly sworn, did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden Road; that he is a Senior Vice President 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 like order. i e•HOTRY i s HERBERT HOFFMAN NOTARY PUBLIC. State of New York No 52- 1821035 Qual in Suffolk County CERTIFICATE Cert filed in N. Y Co. Clk's Office Commission Expires March 30. 191 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 gf New York. Dated the today of 21 Bond 4315D July 19 T't James M Keane, Assistant Secretary ,,, Printed in U.S.A.