Citation Builders (2)PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR f XTFr1STf)NS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT Of `;1RE6TS; I'1'JI.LLAlION OIL 'UPERS. STORM
DRAINS AND 0111F R 1'01_IC WU'Z.I�S FiAC1LI ;.CS
This agreement made and entered int-o this day of January
1980. 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."
WI TNESS;:TH :
WHEREAS, 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:
Tract #6123 and.
WHEREAS, the Developer requires certain utilities and public works facili-
ties in ord,2r to service the property under the minimum standards established by
the City and,
UHEREAS, 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 agre;L-ing to discharge those responsibilities.
NOW THEREFORE, in consideration of the premises and in order to carry On
the intent end purpose of said Codes. Ordinances. Resolutions and Regulations,
it is agreed by and between the parties as follows:
SrrT MN 1
That all Codes. Ordinances. Resolutions. Rules and Regulations and
established policies of the City and the laws of the State of California concarn-
ing,the subject matter of this agreement are hereby referred to and incoroorated
heren to the same effect as if they were set out at length herein. Said Codes.
'fir& nances and Regulations include, but are not limited to. the following: The
f,o.ae of the °. i *.y of Gilroy (Including but not limited to Chapters 12A. 19. 20. 21
.end Res. 76 -41 and 76 -47, thereof pertaining to local imp mven►ent procedures in
subdivision or levelomient respectively); Ordinance No 602 ?subdivision Procedure.
etc.), Ordinance ?,`o ll' honing Ord.); Ordinance No. 1760 00,73 Uniform Building
(ode); Rules and Pegueations Included in the above are all of the above referred
.o Codes, Ordinances, ��r�.r'�,� guns, Regulations and thereof, as
wtiended to the time of rxeru►_�on of t ►iIs agreement,
SLU ILON 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 � ___ 271 ,420 and shall guarantee the
faithfull performance of this agreement; one shall be executed In an
airK�unt nu lees than 50% of the above mentIGned bared and shall secure
payrr►ent to the contractor, his subcontractors and to persons renting
equlpnMent or furnlshtng labor or materlals 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 agreement 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 b
?he 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 )e r(ollll ally act in connection with this transaction,
and the failure, oeylt-cl, ter 1••lu�..f` ul the Developer to ,6 poi forin, or rU pay
any monies due✓ hereunder lue 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 DEVELOPMENT COSTS
a. Easements 6 Rights
of way "On Site" $ 100%
b. Easements 6 Rights
of way "Off Site" $ 100%
c. Water "On Site" $ 2,768.49
10 "W (Mi 1 le r)
429.89 LF @ 6.44
d. (dater "Off Site -'
CITY'S COSTS
$ 0
BALD
$ 100%
$ 0 $ 100%
$ o
$ 13,504.54 $ 0
e. Sewer "On Slte' $ 100%
$ 0
f. Sewer "Off site" $ deferred S
am
$ 2— _:.`..768.4
$13,504.54
$ IQ0%
0 $ deferred
Storm Drainage 5 908.60 $ 0 $ 908.60
"On Site"
h. Storm Drainage 1 1652 03 0 $ 11,652.03
"Off Site" S $
13,424 ac. @ $868
1. Engineering. inspec-
tion. b Plan Check.
4% x $271,420 $ 10,856.80 $ 0 $ 10,856.10
J. Street Tree
Planting
$ Deterred $ 0
$ Deferred
With Bulldinl_
Permit
k. Construction Water,
Dust Control 6
$ 0
$ 140.32
Earthwork
$ 140.32 _
I. Street Paving
$ 100% $ 0
S 100%
M. Street Curb
$ 100% S o
$� 100%
Gutter
n. Sidewalks
$ 100% $ 0
$ 100%
o. Street Name Signs $
p. Fire Hydrants
"On SIte"
100% $ 0 $ 100%
100% $ 0 $ 100%
-4-
q. Street Lighting $
$ 0
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
NET DUE CITY
$ 100%
$ _ 3�Q.78
$ 39,830.78
IN 141TIJESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
tY Clerk
PPROVED: /
City Atto
CITY OF GILROY
,- t Rum W%"btor _ --
CITATION HOMES, a Partnership
BY: CITATION BUILDERS, a Partnersh:
& General Partner of CITATION
DEVELOPER HOMES
By
VDiv,7� ral Manager
Iv Ce is ip� CITATION BUILDERS,
a Partner-
ship
DATE /—/(- — eb
NOTE: If Developer is a corporation, the complete legal name and cor
seat of the corporation and the corporate titles of the Porate
sigriing for the corporation shall a Persons
appear above.
STATE OF CALIFORNIA )
)SS
COUNTY OF ALAMEDA )
On January 17.' 31'980, 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.
WITNESS my hand an official seal.,,, �������������������un °u��u�mm�mnum��
_ OFFICIAL SEAL
U' KAY E. STRONG
� - - !i \\ NOTARY PUBLIC
CALIFORNIA
C
ALAMcDA COUNTY a Strng ==
= h?y Comm. Expires Aug. 19, 1983
■ �uu> teisa��aa< �uua��au�:wslats��atu�uuuunuu�r
ADDITIONAL STIPULATIONS AND TERMS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND
CITATION BUILDERS
1. Owner agrees to dedicate and improve to City standards all streets and
public improvements as shown on the tract map and plans for Tract #6123.
2. Reimbursement for sewer oversizing is payable upon acceptance of project,
based on actual costs for 12" versus 8" sewer line so that the City can
determine actual costs. Reimbursement to the Developer is payable upon
acceptance of the project.
3. Building permit issuance will be limited to 50 units per year from the
time of the recording of the tract map. This rate may be cumulative,
however, no more than 50 building permits will be issued in any year where
the permissible number of permits exceeds the number issued. Phasing of
the construction of homes will be adjusted to meet the approved build -out
schedule.
4. The gravel operation equipment and facilities shall be removed within one
year from the date of approval of the Subdivision Map.
5. The Gravel Plant shall remain inoperative, or:
The developer shall be required to assure that ambient noise levels during
the operation of the gravel plant are no greater than 58 dbA outside the
residences and 48 dbA inside. The developer shall provide, to the City,
evidence that the sound levels fall within these limits for all homes
within 600 feet of the gravel operation.
If its determined that the noise levels existing at the time that a house
is ready to be occupied will exceed the above limits, the Planning
Commission will determine what additional measures, if any should be
taken before occupancy will be permitted.
6. No access will be permitted to the Uvas Park Drive from lots backing
onto it.
7. A 6 - foot high solid masonry or decorative wall acceptable to the
Archectural and Site Committee shall be installed along the property
line adjacent to Uvas Park Drive.
8. Surface drainage shall not be permitted to run from one lot onto another.
9. The owner shall provide grass planting on all cut or fill slopes wherein
the elevation difference between the high and low sides is 3 feet or
greater.
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 the
developed area which they adjoin.
H. 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 calculations to support his design of the
storm drainage system.
13. The developer shall provide a soils and a liquefaction report as called
for in the EIR:
Data shall include:
1. Estimated level of water table.
2. Location of drill holes.
3. Developer shall provide drilling logs with sample intervals.
4. Appendix shall include the detailed analysis.
14. Any water wells shall be properly sealed.
15. The developer shall provide low water consumption landscaping in any
areas which the developer proposes to landscape.
16. 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 archaeolo-
gists is available at the Planning Department.
17. The
optimum angle for flat plate ing uture homeowners to ✓�%
con s6 Tar energy for water and space heating as technology
18. Proper siltation facilities will be constructed to eliminate or signifi-
cantly reduce any siltation which may arise from erosion during con-
struction.
19. Usable top soil shall be stock piled and utilized to establish new
vegetation as homes are constructed.
Location of property
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
TRACT #6123
No. 2
Date 1/3/80
Initialed R.W.F. /D.H.
Assessor's Parcel # Portion of 808 -33 -3
as agents for
Name of Applicant MacKay & SompsA itation Builders
Address 1955 The Alameda, San Jose, Ca. 95136 (408) 985 -0960
Type of Development Proposed Subdivision /Tract
13.424 Acres
p �
Area Boundary Calculations) Storm Drain $868/Ac.
Frontage Miller Ave.
Frontage Calcs: Wentz Dr. -
(Sht.5 Imp. prints) Miller Ave. 429.89
5 + 85.89 Uvas Park Dr. -
1 + 56.00
+� + 29.T9—
COST SCHEDULE
1.
Front Foot Water
Charges
10 "W
(Miller)429.89
LF @ $6.44
/F.F. _
2.
Front Foot Sewer
Charges
-
LF @ -
/F.F. _
3.
Front Foot Storm
Charges
15" (Miller) 154
LF @ 5.90
/F.F. _
4.
Front Foot Street
Improvements
-
SF @ -
/S.F. _
5.
Front Foot Curb &
Gutter Charges
-
LF @ -
6. Area Water Charge
13.424 Acres @ $1006 /Ac. _
$ 2,768.49
$ 908.60
$ 13,504.54
7. Area Offsite Storm Drainage Fees
•t
13.4 4 Acres " $868 /Acre - $ 11,652.03
8. Offsite Sanitary Sewer Fees
$ With Building Permit
9. Recreation Fees
/ @ - / - _ $ With Building Permit
10. Engineering Plan Check & Inspection Imp. per Bond
Est. dtd. 12/6/79
4% x 271,420 - $ 10,856.80
11. hater Meter Charge
f1eter 0 - _ $ With Building Permit
12. Electroliers
LF @ -
13. Fire Hydrants
LF @
14. Construction Hater
. 15 /LF + 5.65 /Acre = .15(429.89)+(5.65) (13.424)
15. Street Trees 64.48 + 75.84
16. _
17. _
Total =
STIPULATIONS
-2-
$ -
R -
1. f% .3 ')
n
-
$ 39.830.78
A,t 6328003
Bond No. - - - - -- — - -.
THI': AWF RICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION - PREMIUM: $2,714.00
ME:KNS FUND ASSOCIATED INDEMNITY CORPORATION
INSURJANCE GUMPANIES . AMERICAN AUTOMOBILE INSURANCE COMPANY
Whereas,
wd as, w rm;
CALIFORNIA SUBDIVISION BOND - PERFORMANCE
Zoce
ity Atto, n y
the City of Gilroy
State of California, and CITATION HOMES, a partnership
(hereinafter designated as "Principal ") have
entered into an agreement whereby Principal agrees to install and complete certain desig-
nated public improvements, which said agreement, dated
and identified as Project
Tract 6123
is hereby referred to and made a part hereof; and
Whereas, Said Principal is required under the terms of said agreement to furnish a bond
for the faithful performance of said agreement.
Now, Therefore, we the Principal and The American Insurance Cmmpany
as Surety, are'held and firmly bound unto the City of Gilroy
, hereinafter called ( "Obligee "), in the penal sum of
Two Hundred Seventy -One Thousand Four Hundred Twenty and No /100 - - - - - - - - Dollars
4 ($ 271,420.00 ) lawful money of the United States, for the payment of which sum well
0 1
Wand 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 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
i
P I
360702 -10-76
(LETTER SIZE).
STATE OF CALIFORNIA
SS.
County of Al am da
On this 1 7th day of January _ n the year One Thousand Nine Hundred and Eighty
be /ore me,
-f L. EYd i ngton a Notary Public in and for the
County of Alameda , State of California, residing
therein, duly commissioned and sworn, personally appeared
"�'' William L Keeling
yw.r
OFFICIAL SEAL
mCAROL L EDINGTON known to me to be the person whose name is subscribed to the within instrument
NOTARY PUBLIC -CALIFORNIA as the attorney in fact of
.$ ALAMEDA COUNTY The American Insurance Company (a Corporation)
" My comm. expires 1UL 5, 1983
and acknowledged to me that he subscribed the name of said Corporation thereto
as surety and his own name as attorney in fact
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said
County of Al ameda the day and year in this certificate f wri.
r
Notary Public in and for the County of Alameda , California
My Commission Expires 715/83
Pac Bond 2824 A
3236. PNINTED IN U.S.A.
(F.P Bond).
harmless the City of Gilroy
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
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by county (or 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 January 17. 1980 • CITATION HOMES, a Partnership
By: CITATION BUILDERS, a Partnership and
General Partner of CITATION HOMES
It
t`
By: &TEPHEN'C. SCHOTT, General Manager,
Central ni Visiotz- ,-- C:ITA!p -TQN 13Hl-T.PiRS,
a Partnership
Ba/ Wiliam L. Keel i q, Attorney in Fact
- dw
Ei
STATE OF CALIFORNIA )
)SS
COUNTY OF ALAMEDA )
On January 17, ,19 80, 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.
WITNESS iy hand and official seal.
-Ka ' E . , Strong ==
■unnuuunonnnnn,,,n,nununuununn■
OFFICIAL SEAL
KAY E. STRONG
NOTARY PUBLIC - CALIFORNIA
~ �•''` ALAMEDA COUNTY
pC My Comm. Expires Aug. 19, 1988
■, in„ un, ,iiui „uuu,uuf „i,i,,,a,,,uuun,�i
^W- 1 . ..
GENERAL' _ OF
AATTTOR EY THE AMERICAN INSURANCE COMPANY
KNOW ALI, MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE; COMPANY, a Corporation duly organized and existing under the
laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and
appointed, and does by these presents make, constitute and appoint
BARBARA MATHEWS, JOHN BROOKS, JR., WILLIAM L. KEELING,
CRAIG SCHELL and MAUREEN KOSTA
jointly or severally
its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof -- ----- -------- -- --- ------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By -laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
Article VIII. Appoin(merit and A uthorily of Resident Assistant Secretaries. and Attornev -in -Fart and Agents tom iept Legal Prme.cs lord Make Appearances.
Section 30. Appointment. The Chairman of the Board of Directors, the President. any Vice - President or any other person authorized by the Board of Directors, the Chairman of the Board of
Directors, the President or any Vice- President. may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and
Agents to accept legal process and make appearances for and on behalf of the Corporation.
Section 31. Authority. the Authority of such Resident Assistant Secretaries. Attorneys -in -Fact, and Agents shall be �s prescribed in the instrument evidencing their appointment, and any such
appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been
amended or repealed:
"RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by
facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation."
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice - President,
and its corporate seal to be hereunto affixed this24th day of
STATE OF CALIFORNIA,
SS.
CITY AND COUNTY OF SAN FRANCISCO
it
19 79
THE AMERICAN INSURANCE COMPANY
By Vice- President
On this 24thfay of Apri 1 19 79 , before me personally came William W. Lauber _
to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of THE AMERICAN INSURANCE COMPANY, the
Corporation described in and which executed the above Instrument; that he knows the seal of said Corporation: that the seal affixed to the said instrument
is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WETNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
� /Ilumuulal.uuamwnaalauuuuuuouuw �
OFFICIAL SEAL
SUSIE K. GILBERT -
Z
`� ,Y NOTARY PUBLIC - CALIFORNIA Notary Public
CITY i COUNTY OF SAN FRANCISCO
My Commission Expires Nov. 17, 1980 CERTIFICATE,
■ 1111 / / / /11/ 111/ IIN11/IN/1/INI/N/IMNB//W//M// INS
STATE OF CALIFORNIA,
Sti.
CITY AND COUNTY OF SAN FRANCISCO
I, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE? COMPANY, 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 Article Vill,
Sections 30 and 31 of the By -laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now
in force.
Signed and sealed at the City and County of San Francisco. Dated thei-LuxfTay of January . 19BD-
� r.MER/
r•
Assistant Secretary
r jr, EMANS FUND
I dStIRANCE COMPANIES
Bond No. 6328003
T'1 {I_ AMERICAN INSURANCE COMPANY ..
NATIONAL SURETY CORPORATION PREM I UM • I NCL. IN F.P.
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
CALIFORNIA SUBDIVISION BOND - LABOR & MATERIAL �,#oved 810 Aorm;
Whereas, the City bf Gilro
State of California, and CITATION HOMES, a partnership
City Alba
(hereinafter designated as "Principal ") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated , and
identified as Project
Tract 6123
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
Gilroy
to secure
the claims to which reference is made in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California.
Now, Therefore, said Principal and the undersigned as corporate Surety, are held firmly
bound unto the City of Gilroy
and all contractors, subcontractors, laborers, materialmen and
I `
'other persons employed in the performance of the aforesaid agreement and referred to in
the aforesaid Code of Civil Procedure in the sum of One Hundred Thirty -Five Thousand
Seven Hundred Ten and No /100 - - - - - - - - - - - - - - Dollars ($ 135,710.00 ),
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 any 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
It
rind reasonable expenses and fees, including reasonable attorney's fees, incurred by
rc;*.lnty (or city) in successfully enforcing such obligation to be awarded and ffixed by
360702 -10 -76
(LETTER SIZE)
-C moll
, r
STATE OF CALIFORNIA
County of Alameda
On this 17th day of
OFFICIAL SEAL
CAROL L EDINGTON
m NOTARY PUBLIC - CALIFORNIA
•Y ALAMEDA COUNTY
My comm. expires JUL 5, 1983
ss.
January in the year One Thousand Nine Hundred and E i ghty
before me, Carol L. Fr1 i non ton a Notary Public in and for the
County of Alameda , State of California, residing
therein, duly commissioned and sworn, personally appeared
William L. Keeling
known to me to be the person whose name is subscribed to the within instrument
as the attorney in fact of
The American Insurance CmmnAn" (a Corporation)
and acknowledged to me that he subscribed the name of said Corporation thereto
as surety and his own name as attorney _i in act
IN W'TNEAj aWH f REOF, / have hereunto set my hand and affixed my official seal at my office in the said
County of
me a the day and year in this certificate first above writte .
11
' M Notary Public in and for the County of Alameda , California
Wt
My Commission Expires 7/5/83
Pac Bond 2824 A
3236 - PAINTED IN U.S.A.
F
(LM Band)
the court, and to be taxed as costs and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit
of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
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 affects 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 January 17, 1980 CITATION HOMES, a Partnership
By: CITATION BUILDERS, a Partnership and
Gener 1 Partner of CITATION HOMES
Pri,nci,pal • �'' � �� �
By: STEPHEN C. SCHOTT, General Manager,
Central Division, CITATION BUILDERS,
a Partnership
Surety; The American Insurance Company
' By: William L. Keeli.
Attorney in Fact
r
STATE OF CALIFORNIA )
)SS
COUNTY OF ALAMEDA )
On January 17, ,1.9 80,, 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.
WITNESS my hand and official seal.
'KayfE. Strong ='
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OFFICIAL SEAL
KAY E. STRONG
NOTARY PUBLIC - CALIFORNIA
�'."� ALAMEDA COUNTY
My Comm. Expires Aug. 19, 1983
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GENE$,AL
- AATTTTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE, PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the
laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and
appointed, and does by these presents make, constitute and appoint
BARBARA MATHEWS, JOHN BROOKS, JR., WILLIAM L. KEELING,
CRAIG SCHELL and MAUREEN KOSTA
jointly or severally
its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ---- -------- ---- ------ ----
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By -laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
Article VIII, Appointment and Authorov of Resident Assistant Secretaries, and Attornev -in -Fart and Agents fu arrrpt Legal Pr,/re.ss and Make Appearartres.
Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of Directors, the Chairman of the Board of
Directors, the President or any Vice- President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and
Agents to accept legal process and make appearances for and on behalf of the Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries. Attorneys -in -Fact. and Agents shall he �s prescribed in the instrument evidencing their appointment. and any such
appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been
amended or repealed:
"RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by
facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation."
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice - President,
and its corporate seal to be hereunto affixed this24th day of
Z'. ?
NG* �Qr
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO ss.
it
19 79
THE AMERICAN INSURANCE COMPANY
W .
By Vice- President
On this-2-4-thiay of Apri 1 , 1979 , before me personally came William W. Lauber
to me known, who, being by me duly sworn. did depose and say: that he is Vice - President of THE AMERICAN INSURANCE COMPANY, the
Corporation described in and which executed the above Instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument
is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year herein first above written.
�1111111111111�/IHII/ 1111 /NIIIIIIIIIIIIIIIIIIIIIIIII /11�
OFFICIAL SEAL E
SUSIE K. GILBERT =_-_���._
NOTARY PWLK SAN FRANCISCO ORNIA Notary Public
CITY & COLINTY OF My Commission Expires Nov. 17, 1980 CERTIFICATE
� INININIIIOUINIIN�N�NM /NINNNNYNNM�NN
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
I, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, 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 Article VIII.
Sections 30 and 31 of the By -laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now
in force.
Signed and sealed at the City and County of San Francisco. Dated the 1 7th day of Janua r
♦:S / 1
ZF ?
w •. /'�
Assistant Secretary
1980 .
7
"joMTIM 30 EAST SAN CARLOS, Suite No. 219, SAN JOSE, CA 95113 (408) 275 -6061
'U)M
January 18, 1980
v
Mr. David W. Hansen
Director of Public Works
City of Gilroy
7390 Rosanna
Gilroy, California 95020
Re: Tract 6123
Dear Mr. Hansen:
Enclosed please find the following for the above referenced
tract:
Check #76375 payable to City of Gilroy in the amount of
#39,830.78
Bond for Performance
Bond for Labor and Material
Property Development Agreement
Additional Stipulations and Terms to the Development
Agreement. Please note that Item #17 has been deleted.
All of the above have been fully executed and notarized.
Very truly yours,
CITATIONIyILDERS
Lbu P. Tersini
Land Development Manager
LPT /st
enclosures 5
cc: Sue Chambers
MacKay & Somps