Citation Builders (3)678
PROPERTY DFVELOPNENT ACRFFPIENT
r AGREDVIT FOR FXTE'ISInFIS OF PATER DISTRIBUTIn'I SYSTEP,S:
IMPROVEMFP;T OF STREET':; I'ISTALLATIO' -I OF SEDERS, STORM
DRAMS APln OTFIER PUBLIC WORKS FACILITIES
This agreement made and enterr�d into this 17 day of July
1919 by and between the City of Gilroy, a municipal corporation, herein called
the "City" and CITATION HOMES , a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
VHEREAS, 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 #6120 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,
11HEREAS, 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.
011 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 4o. 602 (Subdivision Procedure,
etc.); Ordinance No. 711 (Zoning Ord.); Ordinance Pao. 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
amanded to the time J execution of this agreement.
-la
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 $ 363 887 and shall
faithful) performance of this agreement; one shall be guarantee
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.
SECTIO;! 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 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 Vie Developer to s6 perform, or to ;gay
�a;-iy 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 herci,;, or any right accruing to the City or may pur-
sue any remedy whatsoever it roay 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.
SECTIO`1 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 DCVELOPMEIT COSTS CITY'S COSTS BALANCE
a. Easements 6 Rights
of way "On Site" $ 1000 $ -0- $ 1000
b. Easements & Rights
of gray "Off Site" $ 1000 $ -0- $ 1000
c. !inter ''On Site' $ 100% $ -0- $ 100%
d. '.later "Off Site- $ 141%667.48 $ -0- $.14,667.48
see cost schedule
e. Sewer "On Site S 100%
f. Sak.er "Off Site" $ deferred
with build�EL
PeMits�
-3-
$ -0- $ 100%
$ -0 $ deferred
g. Storm Drainage $ 100 $ =0- $ 10Q%.
"On Site"
h. Storm Drainage
"Off Site"
$ 12,655.44 $
-0-
$ 12,655.44
i. Engineering, Inspec-
tion, Plan Check,
4% x $ 363,887 $_ 14 555.48 $ -0 $ 14.555.48
J. Street Tree
Planting
With duildin
Permit
k. Construt *ion Water,
Dust Control
Earthwork $
see cost schedul.e-
1. Street Paving
n. Street Curb E
Gutter
n. iioF: ,iks
487.00
$ $ Deferred
$ -0- S 487.00
$ 100% $_ -0- $ 1000
$ 100% -0- $ 100%
$ 1000 $ -0- $ 1000
c.. Street Ad!;iie Signs $ 100% $ -0- $ 100%
Fire N d rants
F "On Site" $ 100% $ -0- $ 100% _
q. Street Lighting $ -00% �_ -0- $ 100%
DUE r,rY BY DEVELOPER $- 42,365.40
DUE DEVELOPER BY CITY $
NET DUE CITY $
III IJl T,IESS !THEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
F MIX
CITY OF GILROY
DEVELOPER
CITATION HOMES, A Partnership
By: Citation Builders;
a partnership, General Partner
BY-.
FOR PPROVED: vG
424 i� BY
City Attor ey DATE
DOTE: If Developer is a corporation, the complete legal name and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
STATE OF CALIFORNIA,
co nt o Santa Clara
y f ....................................................._.............. ...............................
O .`7U1 14, 7 ............. before me, the undersigned, a Notary Public in and for said County and State personally
....... ................19.. ..........
appeared ..... 4?u1e....l?.,.....4'I.i... Land ...
Development.. Mang. gel. r_.. .C..e>It1...�v�l+a.S2�_tI.QA�._
Homes
known to me to be the person ........ whose name.... ..................... subscribed to the withi instrument andacacknotoledgV/), ed
the same. WITNESS my hand and official teal. (Notary).....
bfy Commission Expires :.. .......................- ....... OFFICIAL SEAL
°° MARGARET A. MORRIS
m NOTARY PUBLIC - CALIFORNIA
ACKNOWLEDGMENT— GENERAL SANTA CLARA COUNTY
VTC•126 hty comm. expires JUN 28, 1982
-5-
.... executed
ADDITInNAL STIPULATIWIS AMD TERMS
TO THE DEVELOPMENT AGREEMENT
BETHEEM THE CITY AND TRACT #6120
DATED July 17, 1978
1. The owners agree to comply with all conditions outlined in Planning
Commisssion Resolution #77 -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.
`i
SIGNATURE • `� �v��1
CITY OF GILROY
DEVELOP,' IENT COST SCHEDULE
No.
Date
Initialed
Location of property TRACT # 6120 WEST OF MILLER
Assessor's Parcel #
Name of Applicant CITATION HOMES
,i
Address
Type of•Development Proposed R -1
Area 14.58 AC Storm Zone A @ $868
Frontage
COST SCHEDULE
1.
Front
Foot I•later
Charges
LF @ /F.F. =
2.
Front
Foot
Sevier
Charges
LF 0 /F.F. =
3.--Front
Foot
Storm
Charges
LF @ /.
4.--Front
Foot
Street
Improvements `•
SF @ / S.F. =
5:
Front
Foot
curb &
gutter charges
LF @
6..-Area
Water
Charge
14.58
Acres @ 006 Ac. =
$ N.A.
$ N.A.
N.A.
N.A.
$ N.A.
$ 14,667.48
� r "
7. Area Offsite Storm Drainage Fees
14.58 Acres @ $868 /Acre =
3. Offsite Sanitary Sewer Fees
@ $550 / UNIT =
9. Recreation Fees
10. Engineering Plan Check & Inspection
4/ x 363,887 =
11. 11ater deter Charge
i" ileter @ $80 =
12. Electroliers
LF @ _
13. Fire Hydrants
LF @ _
14. Construction Water
2700 /LF +14.5'8/Acre =405 + 82
15. Street Trees
$ 12,655.44
$ WITH BUILDING PERMIT
& WITH BUILDING PERMIT
M 14_SSS_4R
$ WITH BUILDING PERMIT
$ 1000
1000
$ 487.00
@ _ $ J411U BUTT DING PERMIT
16. _ $
17. _ $
Total = $ 42,365.40
STIPULATIONS
July 19,
30 EAST SAN CARLOS, Suite No. 219, SAN JOSE, CA 113 (408) 275 -6061
D
1978
Kl� z
t
Mr. Dick Cox
City of Gilroy
P.O. Box 66
Gilroy, California 95020
Re: Improvement Bonds- Tract 6120
Dear Mr. Cox:
Enclosed please find the following:
POP
1. Subdivision Improvement Bond Labor and Material in
the amount of $181,943.50
2. Subdivision Improvement Bond Faithful Performance in
the amount of $363,887.00
we are very anxious to record the map and we would apprec-
iate it if you could call me if there is anything we can do
to expedite the recordation.
Thank you for your assistance in this matter.
Very truly yours,
CITATION BUILDERS
�a
uie P. Tersini
and Development Manager
LPT /GA /mam
enclosures
i
' , fC�tX=] tlr•`— �I1G�t[ C: �p��il� .�tl�:7l�>��ti�p�U�tl�tl0{. i^�r
1
tApad as io F(d)f
City Atto; '
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
Partnership
BOND NO: BND 210 06 00 (C) 5
PREMIUM: included in F. P.
That Citation Homes, A General
as Principal, and the Firemen's Ins. Co. of Newark, N. J., a corporation
organized and existing under the laws of the State of
and authorized to transact surety business in the State of Cali ornia,
as Surety, are held and firmly bound unto C[ty of Gilroy
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 Eighty One Thousand Nine Hundred Forty Three 50/100---- - - - - --
---------------- - - - - -- Dollars (
and truly to be made, said P
their heirs, administrators,
severally, firmly by these pre
THE CONDITION OF THIS
Principal has entered into
Agreement or Contract wit
to complete the following
Tr
as more fully set forth inT4a
NOW, THEREFORE, if the
subcontractors, and persons
materials to them for the i
943. 50 ) {for the payment whereof,
and rety-bind themselves,
"��V4
i ors nd assigns, jointly and
S SUCH, That Whereas, the
to enter into a certain
wherein the Principal agreed
t.
ikkl shall pay the contractor, his
equipment or furnishing labor and
vjAnt, then this obligation shall be
x
null and void; otherwise, to -r m in full force and effect. S!
The aggregate liability of t e'Su
t for any and all claims hereunder
shall in no event exceed they
s ified in this bond.
Time for filing suit on t F4 nd
Mall be limited to six (6) months
from date of final completion and
eptance of the work by the
Obligee.
w
SIGNED and SEALED this 14 day
of July 1978.
CITATION HOMES, a partnership
,
by: Citation Builders, a general
artnershi
Firemen's Ins. Co. of Newark, N.J.
Surety
/
By /A'i
r ' i a
William Keeling
CITATION B ILDERS, a par nership
�t.I. Y�K�I10iK�IlO{ 1Oi10t10110110l1Ot70pOti0110tG�1�Y .•`!�
Pac
Bond 3771
STATE OF CALIFORNIA)
COUNTY OF ALAMEDA ) SS
On July 17, 1978 before me the un r d a ublic
in and for said State, personally appeared��� �C��
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
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.
SALLY A RTHMAN
STATE OF CALIFORNIA
ss.
County of Alameda
i�auessusnsunusnmm�smm�umuumuuue
,, 4{ ,
OFFICIAL SEAL
��
SALLY A. WERTHMAN
X
�._ `.}.,
NOTARY PUBLIC • CALIFORNIA r -- —
ALAMEDA COUNTY
'' °"
My Comm. Expires May 4, 1982 C
¢ euuissa stassusunenuuuuuunuumuouuuu�
On this 14 day of July in the year One Thousand Nine Hundred and 78
before me, Stella Low a Notary Public in and for the
County of _Alameda , State of California, residing
therein, duly commissioned and sworn, personally appeared
OFFICIAL SEAL William Keeling
STELLA LOW known to me to be the person whose name is subscribed to the within instrument
%w® NOTARY PUBLIC • CALIFORNIA as the attorney in fact
ALAMEDA COUNTY of
My CommissionExPIres Mar. 13 40" Firemen's Iris. Co. of Newark, N 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, 1 have hereunto set my hand and affixed my official seal at my office in the said
County of Alameda the day and year in this certificate first above Mri tten.�
Notary Public in and for the County of Alameda , California
My Commission Expires March 13, 1981
Pac Bond 2824A 3290- PRINTED IN U.S.A.
FIREMEN'S JNSUR ANCE COMPANY
OF NEWARK, NEW JERSEY
80 Mcilden Lone, New York, New York 1003$
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 bend or undertaking or contract of suretyship executed under this authority shall exceed in amount the
,urn 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 raped and held on the 20th day of February, 1975.
"RESOLVED, th:,l 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 seat 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.
FIREMEN'S INSURANCE C=OMPANY OF NEWARK. NEW JERSEY
Attest:
By
Eugene P. Oougherty, Assistant Vice President ;
`31;ATE 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,
dirt d- -pose and say that he resides in i' Jew Providence, in the County of Union, State of New .Jersey, at 35 Alden Road; that
he is a Senior Vice President of the FIREMEWS 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.
'''•. ^uxr �: = HERBERT HOFFMAN
,;:,;•` NOTARY PUBLIC. State of New York
No 521821035 Qual in Suffolk County
CERTIFICATE Celt tiled in N. Y Co. Clk's Office
4k 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 14 day of July 19 78
James M Keane. Assistant secretary
21 Band 4315D
oe. Printed in U S A.
Bond No. BND 210 06 00 (C) 5
Premium: $ 1.092.00
as to, SUBDIVISION IMPROVEMENT
ve , FAITHFUL PERFORMANCE BOND
ne
city Atto ney 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-
pal agrees to install and complete certain designated public improvements, which said
agreement, dated , 19 , and identified as project
Tract 6120
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 City of Gilroy
(County of /or; the City of)
hereinafter called City of Gilroy in the penal sure of Three Hundred
(COUNTY /or CITY) Seven no /100 - -- 1
Sixty Three Thousand Eight Hundred Eighty dollars ($ 3632 887. 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. a:
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 harmle9% City of Gilroy , 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 City of'Gilro 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 -
unier or the specifications wcompaying 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 July 14, , 1978
i
;CITATION HOMES, A partnership
by: Citation Builders, a general
partnership
nc al
a partnership
Firemen's Ins. Co. of Newark, N. 'T
Surety
By
A�
William Keeling Attorney
r� Pac Bond 3379 B -1
STATE OF CALIFORNIA)
COUNTY OF ALAMEDA ) SS
Oil July 17, 1978 , 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
Builders, 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.
SALLY A RTHMAN
STATE OF CALIFORNIA
ss.
County of Alameda
��¢ c/ �ucnn /uwa /un /om /unnn/cnnnuunnc�
OFFICIAL SEAL X
SALLY A. WERTHMAN s
�e.
- ^'- n� NOTARY PUBLIC • CALIFORNIA m
e..1 ALAMf =DA COUNTY
« ,y
N a^ h ^y Comm. Expires kAay 4, 1982
w -
e.: i/ S// S: 2/ CSu//// 4// P/". t// i /8 / / / /R / / / / /1 / / /IE /ii /Of / /IQW"i
On this 14 day of July in the year One Thousand Nine Hundred and 78
before me, Stella Low a Notary Public in and for the
County of Alameda , State of California, residing
_ therein, duly commissioned and sworn, personally appeared
OFFICIAL SEAL William Keeling'
STELLA LOW
-.a known to me to be the person whose name is subscribed to the within instrument
NOTARY PUBLIC .CALIFORNIA aS the attorne m fact
ALAMEOA COUNTY y Of
My Commission Expires Mu. 19,1!61 1,' i rpm en r R Tn g Ca- of lV ewa rk
Near T?rp?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 at my office in the said
County of Alameda the day and year in this certificate first abo a wr' t n.
.Notary Public in and for the County of Alameda , California
My Commission Expires March 13, 1981
PaC Bond 2824A 9296 - PAINTED IN U.S.A.
FIREMI" N'S INStJ]?ANCF COMPANY
Or NEWARK, NEW JERSEY
80 .M(ilden Lan(', N('vi ''fork, New York' 10038
GENERAL POWER OF ATTORNEY
Know all nien by these PresentSjhal 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
Burn 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 clay of February, 1975.
"'RESOLVED, Ih;,l 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 contract, 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 seat 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
rertifisale 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 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.
FIREMEN'S INSURANCE COMPANY OF NEWAwSenior
Attest:
By
w: r ''
Eugene P. Ooupherty, Assistant Vice President r: �
`3 rA I'E OF NEW YORK., i nt
COUNTY OF NEW YORK, ss..
On this 22nd day of April, 197'5, loefore me personally came R. K. Ruesch, to me known. who being by me duly sworn,
dirt 0- -pose and say that he r,•aides in few Providence, in the County of Union, State of New Jersey, at 35 Alden Road; that
it(? is a Senior Vice Presidont of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, [fit, 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 narne thereto by like order. J /'_
"• � -i
.NO1 AA 1•'. ,
�.`•. ^uxr�: HERBERT HOFfMAN
;,,•' NOTARY PUBLIC. State of New York
No 51 1811035 Qual in Suffolk County
CERTIFICATE Ced filed in N. Y Co. Clk's Office
1k Commission Expires March 30. 1917
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 1 A
day of July
19 7878
James M Keane. Assistant Secretary
21 Bnn,t 43150
A
�o 71Y {
t BOND NO. 6328015
PREMIUM: $25.00
CL
FIREM1111 S FlInjU
MAINTENANCE BOND INSURANCE COMPANIES
KNOW ALL MEN BY THESE PRESENTS:
THAT WE CITATION HOMES, a general partnership
as Prineipa', and The American Insurance Company
a corporation organized and existing under the laws of the State of
New Jersey , authorized to do a surety business in the
S to to of
California , as Surety, are hel..d and firmly
bound unto City of Gilroy in the penal. sum of
Thirty Six Thousand Three Hundred Eighty Nine and No /100 -------- ($36,389.00
)
Dollars, lawful money of the United States of America for the payment of
which sum, well and truly made, we bind' ourselves, our and each of our
heirs, executors, administrators, successors and assigns, jointly and
several_l.y firmly by these presents.
SIGNED AND SEALED WITH OUR SEALS AND DATED THIS 22nd DAY OF
February , 19 80
WHEREAS, as
WHEREAS, under the terms of the agreement for said work, the Principal,
CITATION HOMES, a general partnership is required to
dive a bond u
T nd in the sum of Thirty Six Thousand Three Hundred Eighty Nine and No /100
($ 36,389.00 ) DolLars, to protect the City of Gilroy
, against any defects in material_ or workmanship that
may appear for the construction of Tract 6120
during the said term as well. as any damages resulting from any such defects
for a period of one (l.) year from and after the date of
19 completion and acceptance of same by the City o Gilroy
replace any and a l l defects a r i si nt; in said wnrk
'
whether rest i' t i ng f rc,m de Fective materials or defee t i.ve workmanship, than
the above oh'igation to he void, otherwise to remain in Viil I force and
w effect.
(Princi.pa 1.)
By:
The American Insurance Company
By:
i 1 1 i am L. Keeling ATTORNEY
G):
`t
in��,ke� �u�c iot�ot�tsoe���xyo +�c��ct����Y,•c��'��
STATE OF CALIFORNIA
County of ame a
On this 22nd day of
n ,roaH✓
OFFICIAL SEAL
CAROL L EDINGTON
NOTARY PUBLIC CALIFORNIA
ALAMEDA COUNTY
My comm. expires JUL 5, 1983
ss.
February in the year One Thousand Nine Hundred and E i ghty
before me, arol L. Ed i ngton a Notary Public in and for the
County of Alameda , State of California, residing
thel i j duly commissioned and sworn, personally appeared
UTITIam L. Keel inq
known to me to be the Berson whose name is subscribed to the within instrument
as the attorney in act of
The American Insurance Company (a Corporation)
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 yy,�HEREEOF, I have hereunto set my hand and affixed my official seal at my office in the said
Count of Alameda the day and year in this certificate first above Whitt
Y � C��y!
Notary Public in and for the County of Alameda , California
My Commission Expires 7 -5 -83
hill jry1 Pec Bond 2824A 3236 - PRINTED IN V.S.A.
GENER.i;l.
F`OWF.R OF
ATTORNEY 141E AMERICAN INSl11ZANCE COMPANti'
KNOW ALI. MEN BY THESE: PRF.SF.NT'S: That 'I'llF.. AMERICAN INSURANCE: COMPANY, a Corporation duly oiganwed and esisting under the
Laws of the Stale 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 mime, place and stead, to executeseal, 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. scaled with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -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 AuthoNe ,.J Nrodent A—iloolt .tire retain -,. rind Artorner in Fn, t and Aprnts to m , vpt I rKaI Pro. ns and .4Ldr Appruran, es
Section 30. Appointment The Chairman of the Hoard of Dueclon. the President. any Vice President or anv other person authorized by the Hoard of Directors. the Chairman of the Hoard of
Directors, the President or any Vice- Presidem. may. from time to time appoint Remdcnl Asswant Secretaries and Attorney% -m -Fact to reptewnt and act for and on behalf of the Corporation and
Agents to he legal process and make appearances for and on behalf of the Corporalion.
Section il. Authorim -the Aulhorily of such Resident Asysomt Secrel'aries. Attorneys -tin Fact. and Agents shalt he :.s prescribed in the nrsvumem cvtdencing their appointment, and any such
appointment and all authority granted thereby may he revoked at any time by the Hoard of Dueclors or by any person empowered to make such appointmem."
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 it 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 hearing 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 defy of
21 2
STATE OF CALIFORNIA,
SS.
CITY AND COUNTY OF SAN FRANCISCO
ril
19- 79
THF. AMERICAN INSURANCE COMPANY
By Vice- President
On this?4thay of April _ _. . I9 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 WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
■ IIIIIIIIIIIIIItIR1111t1/ 11Ntttltt1/11t1t111111111t1111t 0
OFFICIAL SEAL
,
a SUSIE K. GILBERT
-'
NOTARY PUBLIC - CALIFORNIA -
_ — Nola�y public
' CITY i COUNTY OF SAN FRANCISCO "
My Commission Expires Nor. 17, 1980
� 11111/t1t/ 1111 /11111/Np/1U/NNN/11N/1YNN1"main
CERTIFICATE
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
I, the undersigned, Assistant Secretary of THF: AME'RIC'AN INSURANCI.' COMPANY. a NEW JFRSFY Corporation. DO HEREBY CEREIFY
that the foregoing and attached POWER OF ATFORNF :Y remains in full force and has not been revoked and furthermore that Article VIII.
Sections 10 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 22no,ty of
February 19 80
Assrstanl Secretary
��NCf..�O,•