Citation Builders (4).' PROPERTY DEVELOP "1LNT AGREEMENT
7k
AGREEMENT FOR FXT(r1S!Ot)S OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMCNT OF SIREFTS; 1'1`.r ;Ll_A110 ;I OF SEIICRS, STOR#1
DRAINS AND 011ILR VL;3t.IC UU " %Ki FNC1L1 .CS
This d9 reement made and entered into thisl9th day of May
19 80, by and between the City of Gilroy, a municipal corporation, herein called
the "C1 CITATION HOMES, a Partnership
"City" and �Y Citation Builders a real'properV owner.
developer or subdivider, herein called the "Developer."
WITNESSETH;
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 krWwn as and called:
Tract 16122 and,
WHEREAS. the Developer requires certain utilities and public work$ facili-
ties in ord,!r to service the property under the minis a standards established by
the City and,
WHEREAS. the City, by and through its City Council, has enacted certain
Codes. 0 rdittances 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 aird public service facilities after acceptance by
City, and for providing the necessary connecting system, general plant and
appurtenances, and
the
City is agrebing
to discharge
those responsibilities.
NOW THEREFORE.
in
consideration of
the premises
and in order to carry on
the intent zind purpose of said Codes. Ordinances, Resolutions and Regulations,
it is agreed by and between the parties as follows;
, :rrTlnN 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 lncoroorated
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 -41. thereof pertaining to local improver►►ent procedures In
subdivision or deve'opna!nt rezpectively); Ordinance No. 60? (Subdivision Procedure.
etc.); Ordinance Mo. 1I` (Zoning Ord.); Ordinance No. 17613 (1`113 !Uniform Building
Cocle). Rules and 9-qula0ons Included in the above are all of the above referred
--o Codes, 0—linance "�•.uluttuns. Regulations and ►ubstitutions thereof. as
d"Iended to t) "' r. l me of .x #.( ►, rA -t4--this n9reement .
-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 $ 344,820 , and shall guarantee the
falthfull performance of this agreement; one shall be executed In an
amount no less than SOX 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 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 the Developer to s6 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.
SECT -- iON 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 CITY'S C0� STS
a. Easements 6 Rights
of way "On Site" $ 100% $ 0
b. Easements b Rights
of way "Off Site" $ 100% $ 0
W
C. Water "On Site" $ N/A $ 0
(Front Foot Feel
d. Water "Off Site" $ 10,748 $ 0.
10,684 AC @ $1,006 /acre
e. Sewer "On Site" $ N/A $ 0
(Font Foot Fee)
f. Sewer "Off Site"
Sewer along Uvas
Park Drive R/W to
a join 557' from
western boundary
�f Trac* #6121
$ As required to run
12" VCP to a point
557' from western
boundary Tract #6121
-3-
$ oversizing
over ' dia.
BAL_^. A... N.. CE
$ 100%
$ 100%
$ N/A
$ 10,748
$ N/A
$ Cost of basic
- o ifs i t s ewe r
system by developer
g. Storm Drainage $ N/A $ 0 $ RIA
"On Site"
(front foot fee)
Not appropriate because the lines were originally installed by same developer.
h. Storm Drainage
"Off Site" $ 9,274 $ o $_90274
i
10.684 AC @ $868
I. Engineering, Inspec-
tion, 6 Plan Check,
4% x $ 344,820 $ 13 , 79.3 $ 0 $ 1-7C)3 .
J. Street Tree
Planting $ Dejerred s 5,,. -Deferred
With Building
Permit
k. Construction Water,
Dust Control b
Earthwork $ 392.
2210.48 LF @ $0.15 /LF= $331.57
$392
10.684 AC @ $5.65/AC = $60.36
1. Street Paving
m. Street Curb e
Gutter
n. Sidewalks
o. Street Name Signs
$ I nwk
$ 100% $ o $ 100%
$ 100% $ 0 $ 100%
p. Fire Hydrants
"On Site" S 100% $ 0 $ 100%
-4-
q. Street Lighting
$ 100% $ 0 $ 100%
DUE CITY BY DEVELOPER $ 34,207
DUE DEVELOPER BY CITY $ Oversizing Sewer & Water
NET DUE CITY $ 3+,207
IN 14ITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
ty Cler
CITY OF GILROY -
DEVELOPER
CITATION HOMES, a Partnership
CITATION BUILDERS, a Partnership and
DY Ger4ral Partner of CITATION HOMES
By,/ Mepg(in C. Sc50- tt, General Manager
Central Di.vis'sio TION BUILDERS
a Paartne�h p
DATES / / �
NOTE: If Developer is a corporation. the complete legal Rama and cor
seal of the corporation and the corporate titles of the porate
signing for the corporation shall appear above. Persons
0
a
0
0
I
STATE OF CALIFORNIA)
SS
COUNTY OF ALAMEDA )
On May 14, 1980 , before me, the and si ned, a Notar Public
in and for said State, personally appearedEEN C.. SCH�TT
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
tha camp_
+ WITNESS my hand and official seal.
V W
SALLY WE N
��eeeeu :uotuuuneeneenepeeeeeeeaal;s e:
SEAL
'
OFFICIAL
SALLY A. WERTHMAN
NO1 ARY PUBLIC - CALIFORNIA
ALAMEDA COUNTY
My Comm. Expires May 4, 1982
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TRACT 6122
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 #6122.
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. 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.
4. No access will be permitted to the Uvas Park Drive from lots adjacent to
It.
5. A 6 foot high solid masonry or decorative wall acceptable to the
Archecturai and Site Committee shall be installed along the property
line adjacent to Uvas Park Drive.
6. Surface drainage shall not be permitted to run from one lot onto another.
7. The owner shall provide grass planting on all cut or fill slopes wherein
the elevation difference between the high and low sides is 4 feet or
greater.
8. 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.
9. The developer shall provide for sewer and water main oversizing as
directed by the Director of Public Works. The City shall pay the over -
sizing cost, upon acceptance of the project,
� � O
r
10.. The developer shall provide a soils and a 11quefacti.on report as called
for in the EIR:
Data sha•11 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.
11. Any water wells shall be properly sealed.
12. The developer shall provide low water consumption landscaping in any
areas which the developer proposes to landscape.
13. 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 archaeo-
logists is available at the Planning Department.
14. Proper situation facilities will be constructed to eliminate or
significantly reduce any situation which may arise from erosion
during construction.
15. Usable top soil shall be stock piled and utilized to establish new
vegetation as homes are constructed.
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No.
Date 2/21/80
Initialed DWH
Location of property Tract 6122
Assessor's Parcel N Portion of--808,33-3
Name of Applicant MacKay S Somps as Agents for Citation Builders
Address 1925 The Alameda San Jose, California 95136
Type of Development Proposed Residential Subdivision
Area 10.684 Acre Net Storm Drain "A" - $868/Ac.
Frontage None appropriate - One storm drain line runs through the site but it was
installed ear ier by the same developer and reimbursement
is inappropriate.
COST SCHEDULE
I. Front Foot Water Charges
0 LF /F.F. _ $ N/A
2. Front Foot Sewer Charges
0 LF /F.F. _ $ N/A
3. Front Foot Storm Charges
Reimbursement not
0 LF (w /F.F. appropriate because $ N/A
-- installed by same developer
4. Front Foot Street Improvements
0 SF C /S.F. $ N/A
5. Front Foot Curb & Gutter Charges
0 _ LF lw / $ N/A
6. Area Water Charge
10.684 Acres C�_ 1006 /Ac, a $ 10.748
7. Area Offsite Storm Drainage Fees
10,684 Acres Q 868.00 / Acre $4,274.
8. pffsite Sanitary Sewer Fees
With Building
@ / $ Permit
9. Recreation Fees With.Building
Permit
10. Engineering Plan Check 8 inspection
4% x 344,820
11. Water Meter Charge With Building
Meter Q . S Permits
12. Electroliers
L F Q $,
13. Fire Hydrant
LF e
14. Construction Water
2210.48 AF + 10.684 /Acre- 331,57 + 60.36 $ 392.00
15. Streets Trees
@ $ With building
Permits
16. $
17. $
Total $ 34,207
STIPULATIONS
-2-
s Bond No. 6362173 —478
THE AMF. RIC AN INSURANCE COMPANY
Premium: Included in F.P.
NATIONAL SURETY CORPORATION 11 -
tMEMANS FUND ASSOCIATED INDEMNITY CORPORATION
INSURANCE COMPANIES
AMERICAN AUTOMOBILE INSURANCE COMPANY pprJVzd a (�{i
[Whereas,
CALIFORNIA SUBDIVISION BOND - LABOR & MATERIAL V'iLer
e
r
CRY Attorn
City of Gilroy
State of California, and
Citation Homes, a partnership, by Citation Builders
(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 6122
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
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
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 Seventy Two Thousand
Four Hundred Ten and No/ 100----------------- ---------- -- - - - -- -Dollars ($ 172,410.00
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
and reasonable expenses and fees, including reasonable attorney's fees, incurred by
county (or city) in successfully enforcing such obligation to'be awarded and f wed by
360702 -10-76
(LETTER SIZE)
)
11
(LM Bond)
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 May 14, 1980
CITATION HOMES, a Partnership
By: CITATION BUILDERS, a Partnership and
r_, „nod1 pavtner —of. CIL'ATIQN HOMES
-v
s {
r
r'
S c Sit" Gendeal Manager,
entral Division, CITATION BUILDERS, a
Partnership
Attorney in Fact
STATE OF CALIFOR?IIA
Courry of Al ameda
On this_ 14th day of
OFFICIAL SEAL
CAROL L EDINGTON
ci m NOTARY PUBLIC - CALIFORNIA
ALAMEDA COUNTY
'aI,FORNP My comm. expires JUL 5, 1983!
a
s s.
May _ in the year One Thousand Nine Hundred and E I ht
before me, Carol L. Ed i ng ton a Notary Public in and for the
-_ County of Alameda State of California, residing
therein, duly commissioned and sworn, personally appeared
William L. Keelina
known to me to be (he erson whose name is subscribed to the within instrument
as the attorney in Tact of
The American Insurance Company (a Corporation)
and acknowled4ed to me that he subscribed the name of said Corporation thereto
as surety and his own name as attorney i n fact
IN WITNESS WHEREOF, f 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 Bove written
Notary Public in and for the County of Alameda California
MY Commission Expires 7 -5-83
D-- 14....4 ')R )A A
STATE OF CALIFORNIA)
SS
COUNTY OF ALAMEDA
3236- PIIINTEO IN U.l.A.
On May 14, 1980 , 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.
�anmanumnnnnmueeneeenuueeenauuuul
WITNESS my hand and official seal.
c`,'`
OFFICIAL SEAL
a ; ¢ SALLY A. WERTHMAN
3� NOTARY PUBLIC , CALIFORNIA w
ALAMEDA COUNTY
�Y.
My Comm. Expires May 4, 1982
SALLY VkTHMAN Areueneueeoeueeoneeeeeeeumreeeunouauunwt
GEN AL
F"WER OF
ATTORNEY 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
JOHN BROOKS, JR., WILLIAM L. KEELING, CRAIG SCHELL,
MAUREEN KOSTA, WILLIAM MATHEWS BROOKS and FRED R. SABBE
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 Vlll. Appointment and Authority of Resident Assistant Secretaries, and Attorney -in -Farr and Agents to accept Legal Process and 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 cs 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 he
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 this26th day of
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO ss
February
19 80
THE AMERICAN INSURANCE COMPANY
.�
By
On this 26thd William W. Lauber
ay of February Iq 80 before me personally came
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.
■uuusumsussuuwauuuunnnouuaauw ■
0 OFFICIAL SEAL '
SUSIE K. GILBERT
" ` t NOTARY PUBLIC - CALIFORNIA ? N „tar, Public
_ CITY i COUNTY OF SAN FRANCISCO =
N My Commission Expires Nov. 17, 1980 CERTIFICATE
muuannwwnn nano Nwwwg�
STATE OF CALIFORNIA, l
}
CITY AND COUNTY OF SAN FRANCISCO ))) ss.
1, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSFY 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 the 14 t 11-lay of May 19 80
Assistant Secretary
N� �O
360711 (HO)— TA -3 -78
ul 1Jc;. 6362173
Ilia AI1Ik1<.AflIN'.IJIIANLI COMI'ANY P rem ium: $3,448.00
NATIONAL SURETY CORPORATION
FIRErMANS FUND AII.CIATED INDEMNITY CORPORATION
IF5URANCECOMPANIES AMERICAN AUTOMOBILE INSURANCE COMPANY
Meed�as
CALIFORNIA SUBDIVISION BOND - PERFORMANCE
ttorn"
14hereas, City of Gilroy
State of California, and Citation Homes, a partnership, by Citation Builders,
(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 6122
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 Company ,
as Surety, are'held and firmly bound unto City of Gilroy
hereinafter called ( "Obligee "), in the penal sum of
Three Hundred Forty Four Thousand Eight Hundred Twenty and No /100------------- - - - - -- Dollars
($344,820.00 ) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his 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
360702 - 10-76
(LETTER SIZE)
-(FP •B,ond)
harmless 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
y
May 14, 1980
CITATION HOMES, a Partnership
by: CITATION BUILDERS, a Partnership and
Gene &I Partner .. f &ITATION TUWF.F'
Central Division, CITATION BUILDERS, a
' Part Fe rAmer rpcan Insurance Company
Attorney in Fact
.1
R
Attorney in Fact
STATE OF CALIFORNIA)
SS
COUNTY OF ALAMEDA
On May 14, 1980 r 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. F4il t[ u7tllaatettelnmetttllttlnunt ►lttelallrta..
OFFICIAL SEAL
WITNESS my hand and official seal.: SALLY A. WERTHMAN
rte:.
NUTARY PUBLIC - CALIFURNIA n
ALAMEDA COUNTY
My Comm. Expires May 4, 1982
''�0016111[IF0[l 401![ 7[ litttl7ttli [I[1110101it111110 /1111 �:
SALLY WRTHMAN
STATE OF CALIFORNIA
County of . Al ameda
On this_ 14th day of
.,... -
CAROL
c�.,;si• m NOTARY PUIA
ALAM
My comm. 983)
+,
SS.
May in the year One Thousand N ine Hundred and _E i ghty _
before me, Carol L. Ed 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
known to me to be (he erson whose name is subscribed to the within instrument
as the attorney j n fact 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 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 a77' n
r 0�
Notary Public in and for the County of Alameda , California
My Commission Expires 7 -5 -83
Pac Bond 2824 A
3236- POIINTED IN V.S.A.
GENERAL
POWER OF
AT- FORNEY 'I'IIE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THFtiF" PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the
laxws 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
JOHN BROOKS, JR., WILLIAM L. KEELING, CRAIG SCHELL,
MAUREEN KOSTA, WILLIAM MATHEWS BROOKS and FRED R. SABBE
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, Appoinfinenf and Authority' of Resident A.ssistanf Set returies. and Attorney -in -Fart aria A8enA to at rept f.epal Proses and Make Appearames.
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 Attorney, -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 11. Authority The Authority of such Resident Assistant Secretaries. Attorneys -m -Fact" and Agents shall he c, pre,cnhed in the instrument esrdennng their appointment snd ans such
appointment and all authority granted thereby may be resoked 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 I'll[-, 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 Secretar% of this Corporation. and the seal of this
Corporation may he 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 this26th day of
t �MEne,
STATE OF CALIFORNIA,
l s5.
CITY AND COUNTY OF SAN FRANCISCO
February
19 80
THE AMERICAN INSURANCE COMPANY
' LA> '�
By y i,, 1"C iJent
26tlhd February 80 William W. Lauber
On this ay of _ . 19- . before me personally came
to me known. who, being by me duly sworn, did depose and say. that he is Vice - President of "THF AMERICAN INSURANCF 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 instrumcni
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 w ritten.
■ 1 igloo 11111 Ika11l 111111111011111111111111111111111111111 ■
OFFICIAL SEAL
SUSIE K. GILBERT =�
t NOTARY PUBLIC - CALIFORNIA 'g
= — — ---- -_ -.__ - -- __ --
ot acs Puhhr
CITY i COUNTY OF SAN FRANCISCO =
My Commission Expires Nov. 17, 1980 CER'T'IFICATE
i 11611111 1111111001ttftMM /11ptll1/1o9ti'WtY01N1/1p11I
STATE OF CALIFORNIA,
1. ss.
CITY AND COUNTY OF SAN FRANCISCO
I. the undersigned, Assistant Secretary of THE AMERICAN INSURANCF. COMPANY" a NEW JI:RSFI Corporation. DO HEREBY CFRTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article Vill.
Sections 3(1 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 14 thday of May 19 80
r,ME e/
Assistant Secretary
N� �O
360711 (HO)— TA -3 -78
1955 THE ALAMEDA
C IV I L E N G IN EE RS &45 SAN JOSE, CALIFORNIA 95126
(408) 985 -0960
TRANSMITTAL LETTER
CITY OF GILROY 9151 -4
TO- --------------------------------------- ------- - - -- JOB: -------------------------------------------------
7377 Church St. May 16, 1980
------ --------------------- - - ---- DATE: ..----------------------------------------------
Gilroy, CA 95020 TRACT NO. 6122
------------------- - - - - -- SUBJECT: -----------------------------------------
Sal Lanzo
ATTN- ---------------------------------------- - - - - -- ----------------------------------------------------- - - - - --
Description of Enclosed:
Message:
(a) Original improvement plans
(b) City check - prints of itaprovement plans
(c) Executed bonds & agreements
(d) Check for City fees in the amount of $34,207.00
Submitted for approval at the council meeting of May 19, 1980.
Should you have any questions, please let us know.
MACKAY & SOMPS
BY: ---- - - - - -- _.... . - - - -- - `.. ... - - - - --
ue Chambers
cc: Lou Tersini- Citation, San Jose
Steve Schott- Citation, San Leandro
Larry Schott
...........................................................
OFFICES IN • CONCORD • FAIRFIELD • SACRAMENTO • SAN JOSE • SANTA ROSA • UNION CITY