HomeMy WebLinkAbout09 - Resubdivision 1071February 22, 2000
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR RESUBDIVISION NO. 1071,
BROAD STREET AND WESTMINSTER AVENUE
LOCATION: NORTHEASTERLY CORNER OF BROAD STREET AND WESTMINSTER
AVENUE (3120 AND 3126 BROAD STREET AND 460 WESTMINSTER
AVENUE)
DEVELOPER: Morgan Development
RECOMMENDATIONS:
Approve a subdivision agreement guaranteeing completion of all public improvements
required with Resubdivision No. 1071.
2. Authorize the Mayor and the City Clerk to execute the agreement
DISCUSSION:
Resubdivision No. 1071 is located on the northeasterly corner of Broad Street and Westminster
Avenue in Newport Heights. The conditions of approval require construction of street
improvements along the Broad Street and Westminster Boulevard frontages.
The developer desires to record the parcel map prior to completion of the public improvements.
In order to guarantee completion of the public improvements, the developer has executed an
appropriate agreement and provided the accompanying security in the form of bonds.
The agreement establishes the developer's obligation to complete the public improvement
construction. The faithful performance surety and the labor and materials surety are in the
amount of $9,000 each, the estimated cost of the improvements.
An ex ' ' is tta a for reference.
Don Webb
Public Wor Dir ctor
By:
Richard L. Koffstadt, P.E.
Development Engineer
Attachments: Exhibit "A"
Resubdivision Agreement No. 1071
F: \Users\PBW\ Shared\ COUNCIL \Fy99- 00\Fcbmary- 22\Broad St Resub No. 1071.doc
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EXHIBIT "A"
AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
(TRACT/RESUBDIVISION NO. 1071
THIS A
and between
wed, , 199 `% , by
whose business address is �d OA:L /I "w &F,lRT' a / ✓d il/Ee��lc yA�
and if an individual, whose residence address is
hereinafter referred to as "SUBDIVIDER" and the CITY OF
NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of
its Charter and the Constitution and the laws of the State of California, hereinafter referred
to as "CITY';
WITNESSETH:
WHEREAS, SUBDIVIDER proposes to subdivide land within the City of Newport
Beach to be known as- Ttest/Resubdivision No. /O ,7 / (hereinafter the "Subdivision ")
pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's
ordinances and regulations relating to the filing, approval and recordation of subdivision
maps, collectively referred to in this Agreement as the "Subdivision Laws. "; and
WHEREAS, Subdivision has been approved, subject to the Subdivision Laws and to
certain requirements and conditions of approval, which are incorporated into this
Agreement by reference ( "Conditions of Approval "); and
4f"o, 9a4,
WHEREAS, in consideration of approval of the Subdivision by the CITY,
SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to
install and complete, at SUBDIVIDER'S own expense, street and other public improvement
work required by the conditions of approval in connection with the proposed subdivision,
(the "Improvements ") which Improvements, without limitation by enumeration consists of:
%�20da ST2i�7' � r^-�� =STy. eJS7`2�- ��L_.Q ✓E.- .1- 'T/LC:Z-T �G��/tO•�[- ss- r�av7f
The above description of items is understood to be only a general description of the_
Improvements, and not a binding description.
WHEREAS, complete plans for the construction, installation and completion of the
Improvements shall be prepared by SUBDIVIDER and approved by the City Engineer, (the
"Improvement Plans "). All references in this Agreement to the Improvement Plans shall
include reference to any specifications for the Improvements as approved by the City
Engineer; and
WHEREAS, SUBDIVIDER recognizes that by approval of the map for the
Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right
to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to
subdivide the property within the Subdivision. As a result, CITY will be damaged to the
extent of the cost of installation of the Improvements by SUBDIVIDER's failure to perform its
obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to
commence construction of the Improvements by the time established in this Agreement.
CITY shall be entitled to all remedies available to it pursuant to this Agreement and law. It
is specifically recognized that the determination of whether a reversion to acreage or
recision of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER
shall be within the sole discretion of the CITY; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal
Code provide for an Agreement containing certain provisions as hereinafter set out.
NOW, THEREFORE, in consideration of their mutual promises, the Parties hereto
agree as follows:
1. SUBDIVIDER agrees to comply with all requirements of the
Conditions of Approval and with the provisions of the Subdivision Laws.
2. SUBDIVIDER agrees to complete all Improvements in accordance
with Improvement Plans approved by the City Engineer, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the
subdivision. SUBDIVIDER shall acquire and dedicate, or pay the cost of acquisition by
CITY, of all rights -of -way, easements and other interests in real property for construction or
installation of the public improvements, free and clear of all liens and encumbrances. The
SUBDIVIDER's obligations with regard to acquisition by CITY of offsite rights -of -way,
easements and other interests in real property shall be subject to a separate agreement
between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining
any public or private drainage easements or authorization to accommodate the Subdivision.
SUBDIVIDER agrees to complete the Improvements within a period of
Z. months from the date hereof, unless the time is extended by the CITY upon written
application of the SUBDIVIDER. The making of an application for an extension of time by
the SUBDIVIDER shall, upon the granting of the application by the CITY, constitute a
waiver by the SUBDIVIDER of all defenses of laches, estoppel, statutes of limitations, and
other limitations of action in any action or proceeding filed by the CITY within the period of
four (4) years immediately following the date to which the time of performance was
extended.
3. The Improvements shall be completed to the satisfaction of the City
Engineer of CITY, and SUBDIVIDER shall pay the costs of inspection of the work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the office of the Public Works Director.
4. If SUBDIVIDER shall fail to complete the Improvements within the
period set out above, or fails to reimburse the CITY for the cost of inspection, CITY may
resort to any security deposited by SUBDIVIDER in accordance with Section 19.16.170 of
2
the Newport Beach Municipal Code or call upon the surety for SUBDIVIDER to pay for the
Improvements or to supply the money for the completion of the Improvements in
accordance with this Agreement and the provisions of the Newport Beach Municipal Code.
SUBDIVIDER shall also be responsible for the Improvements and the cost thereof.
5. It is further understood and agreed that upon default of any obligation
hereunder, and at any time any such default, the CITY may make written demand upon the
SUBDIVIDER or surety or both to immediately remedy the default or complete the work. If
the remedial activities or completion of work are not commenced within seven (7) days after
such demand is made and are not thereafter diligently prosecuted to completion and fully
completed within thirty (30) days after the making of such demand (or such other time as
may be contained in said demand), the CITY may then complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the CITY
may be required, all at the full expense and obligation of the SUBDIVIDER and
SUBDIVIDER's surety and all without the necessity of giving any further notice to the
SUBDIVIDER or surety before the CITY performs or arranges for performance of any
remaining work to complete the Improvements, and whether the SUBDIVIDER or surety
have constructed any of the required Improvements at the time. In the event the CITY
elects to complete or arrange for completion of remaining work and improvements the City
Engineer, upon such election, may require all work by the SUBDIVIDER or surety to cease
in order to permit adequate coordination by the CITY for completing any remaining work
and improvements not yet completed.
6. SUBDIVIDER shall at all times guarantee SUBDIVIDER's
performance / of this agreement by furnishing to CITY security in the amount of
AIIIA-F 7�4awJdx2 dollars ($ D0O to guarantee the
performance of this Agreement. The SUBDIVIDER shall provide security in the amount of
/♦'/%: NG �E I �Sbwdd dollars ($ 000 ) to guarantee
payment to any contractors, subcontractors, and persons furnishing labor, materials and
equipment to them for the performance of the work herein described. In addition, the
SUBDIVIDER shall provide security in the amount of
dollars ($ ) to guarantee
installation of Subdivision monuments required by law. Said security shall be in the form of
.1/-d (Bond Nos. /Certificate of Deposit Nos.
1.
7. The SUBDIVIDER promises and agrees to maintain all of the
Improvements to be constructed under this Agreement in a state of good repair, until all of
the work and Improvements are completed and accepted by or on behalf of the CITY and
until the security for the performance of this Agreement is released. Maintenance of the
Improvements shall include, but shall not be limited to, repair of pavement, curbs, gutters,
sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; and -
shall also include, but not be limited to by this enumeration, sweeping, repairing and
maintaining in good and safe condition all streets and street improvements. Upon failure of
the SUBDIVIDER to properly maintain, the CITY may do all necessary work required by this
paragraph, the cost thereof being chargeable to the SUBDIVIDER and his surety under this
Agreement.
3
8. The securities required by this Agreement shall be released as
follows:
a. Security given for faithful performance of any act, obligation,
work or agreement shall be released upon the final completion and acceptance of the act or
work.
b. Security given to secure payment to the contractors, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six months
after the completion and acceptance of the work, be reduced to an amount equal to the
total claimed by all claimants for whom liens have been filed and of which notice has been
given to the legislative body, plus an amount reasonably determined by the City Engineer
to be required to assure the performance of any other obligations secured by the Security.
The balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
9. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors
are or shall be considered to be agents of the CITY in connection with the performance of
SUBDIVIDER's obligations under this Agreement.
10. Subdivider guarantees and warranties the Improvements for a period
of one year following completion and acceptance of the Improvements, against any
defective work or labor done to construct the Improvements or defective materials
furnished.
11. Indemnity /Hold Harmless. CITY or any officer or employee thereof
shall not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement.
SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its
officials and employees from any and all claims, demands, causes of action, liability or loss
of any sort, because of, or arising out of, the negligent or intentional acts or omissions of
SUBDIVIDER, its agents or employees in the performance of this Agreement, including all
claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or
in part, the design or construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of said subdivision, and the public
improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public drainage
systems, streets and other public improvements. Acceptance by the CITY of the
Improvements shall not constitute an assumption by the CITY of any responsibility for any
damage or taking covered by this paragraph.
12. CITY shall not be responsible for the design or construction of the
subdivision or the Improvements pursuant to the approved Improvement Plans or map,
regardless of any negligent action or inaction taken by the CITY in approving the plans or
map, unless the particular improvement design was specifically required by CITY over
written objection by SUBDIVIDER submitted to the City Engineer before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible design.
After acceptance of the Improvements, the SUBDIVIDER shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction
defect, however SUBDIVIDER shall not be responsible for routine maintenance. It is the
91
intent of this section that SUBDIVIDER shall be responsible for all liability for design and
construction of the Improvements installed or work done pursuant to this Agreement and
that CITY shall not be liable for any negligence, nonfeasance, misfeasance and
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or
in approving, reviewing or inspecting any work or construction. The improvement security
shall not be required to cover the provisions of this paragraph.
13. If the SUBDIVIDER and the surety fail to install all or any part of the
Improvements required by this Agreement within the time set forth herein, or fail to comply
with any other obligation contained herein, they shall be jointly and severally liable to the
CITY for any administrative expenses and attorney's fees and costs incurred in obtaining
compliance with this Agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, SUBDIVIDER has executed this Agreement and the CITY
OF NEWPORT BEACH has caused its corporate name and seal to be affixed by its Mayor
and City Clerk thereunto duly authorized as of the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
IMPROVE.AGT
10092
CITY OF NEWPORT BEACH,
a municipal corporation
Mayor
SUBDIVIDER
By: ate
3
FROM : MORGAN DEVELOPMENT INC
�^F>'ov -02 -rJ 3J 02 S1P
KOBOLD CONSTRUCTION, INC.
P 0 BOX 1498 . CUINO. CALIFORNIA 91708
FAX NO. : 949 540 03IG
/'�PSSUbt /07(
Nov. 02 1999 02:17PM P1
NOTE'
All demo :tnd rcm+als by other'
I
(1 l M..ve tn(YI for Curbs. lt) Mnul :n(x) to: all other work TOTAL PROPOSAL: U.04 3
Curb aa,1.8 w lv In he per trrn. (3) Iwiaw'. 25fk1 mlu, For nudJne mortis m x aply
']his Pra(wyNl iratiudon Only the iWnly and yuant]lics de. fined hcreir•. "1'hc roliowing AW TIZrms and
Cundir;olty upon which (t i, based. and shall became al'. exhil•il ao, ant; Part af, :tny Contract Way Sign.
I1 A- .; ......i... n.•:n 1—L.— MaIh-- SIS(b. aE O(hcn i•NNI .......vr.,rl•^d...T.. n. r..::l. nrlua'ed V•'^•••eha
,. cure Maaun <r:..d., (n..:nv.el (!,u• 1/lo, (.•a, hYnu[ Y,-O are n.4in.....•LLd 1�1w1. NCt..:u, n.J M•'... In : uu
u r. ... J.C.an<Sol nU.mI... 1.. ri, %.u•. /lab n.. 1:1(10. L.Y. III O P.:.cn .[C..1 .c I....... ;.00
q
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I ...... atl aValLa 0.144rv• w •••.�......1 ..ma]• •hI<alrh ..:II lu P..... lo.nn."e
'n a. n.<..nd r...... ..• +.. �: ••t '•- '••••a wo-,..,� n) letter ...a .,...tr.l ,..•mxshYx l.. :.....::Nm i4Z:o
nl All an M Hn1Vrl•I G,1•/..iyl•" (i'tf1- (:-25(W) 111M1n. yam._ . I.r..,r. Vlu[ Mal <'•Yla a...,• I tM. Y SCI
') 1 1 4 CI- .r......_. o— u 1 °0.:4:4 al a.........- . a) vnee e•.•..1 ...n 11 Poh. 2N. "W. ranee wa4b time am
A, Il m Vlile 1 ...... I. 3%. 101ttla 4 C 'I., 15'Yr V6
t....p' -rt hid, Iic) b« ..a. 1: n I SW. 131 'lWIlt •..u••..I ...,I t'.m<:Yac r'....... Ead..d<d
Net withatsnding any other provlelor3s of thin proposal. the. rnllwwing itcTas sfe npedtically enChleted ONO.
W NI ....a,... ]..h h.- n•sa<da L. "I Led 11Aw tvin Mcea,...&.I ed., M.sh.
l+.Vnn 41:ei1r.lill.Laa.'4f.11. (:.......n ../n nr Nal•.rla..x• rat r.....r
'. .rat. In,llw,l .. <..V 'I*cxn•!„
an: ...a.a......1 ... �.....lY�,.. nl........ �.�_, ...J ...I ... w. Y.1 Yol.,••u.V. r_...IL 1..4 _ \...,Inn ....1'.✓ fYn.Vfi,nf
4..) vfn••.•..l cases A..�:......... W) Day....., ... Ynronna.•a. R...l. >Pr<roh4m
sI, yb.r.u,nea.:bYn1aiO4 wXnerry +l SSW ltvv.Uny(wy. {.
Accepted lay: Uxtc:
li 9
PROPOSAL
P,1x (9M)407-0415
C: \1E.
Slf M SStl 3'LH
Date: Nov. 9
Tot
Max Morgan
Phone= u491548-8048
400 Old Newport Blvd.
Newport Beach. CO.
Fax'.
Rca
westm inxlcr Ave. & nrnad Street
Eat 313. I J 0299A
E.SNm scu t : Rnh
w
Ncpnrc Bcuch
WE pROPOSF, heresy to furoisb material and lahor to corri
the rnlbwing work:
Item
tatty '.Unit: I'yfSe or U(:sCriplirnl
Unit Coo
(
350 - sf Chive Aflproa9h
$3.1 ; S1.108
C
512.7.. 52. 25
2
230 If C. urb t£ Outt .r
3
1100,x1 .4`%idua.alk
52.00 S2,109
4
i w Acuss Ramp $Iccnng pally
I 5100.00 1. 610
5
350'sr I( :ro"Gutter /Spandrel
ga.xH 51,711'
NOTE'
All demo :tnd rcm+als by other'
I
(1 l M..ve tn(YI for Curbs. lt) Mnul :n(x) to: all other work TOTAL PROPOSAL: U.04 3
Curb aa,1.8 w lv In he per trrn. (3) Iwiaw'. 25fk1 mlu, For nudJne mortis m x aply
']his Pra(wyNl iratiudon Only the iWnly and yuant]lics de. fined hcreir•. "1'hc roliowing AW TIZrms and
Cundir;olty upon which (t i, based. and shall became al'. exhil•il ao, ant; Part af, :tny Contract Way Sign.
I1 A- .; ......i... n.•:n 1—L.— MaIh-- SIS(b. aE O(hcn i•NNI .......vr.,rl•^d...T.. n. r..::l. nrlua'ed V•'^•••eha
,. cure Maaun <r:..d., (n..:nv.el (!,u• 1/lo, (.•a, hYnu[ Y,-O are n.4in.....•LLd 1�1w1. NCt..:u, n.J M•'... In : uu
u r. ... J.C.an<Sol nU.mI... 1.. ri, %.u•. /lab n.. 1:1(10. L.Y. III O P.:.cn .[C..1 .c I....... ;.00
q
A. Hawes are in AUdr44. siw:nt Vnly. atxl eY."S' 1- 12) (x) hoar.• °•1.:.In "1W"InvOi .l f). urn... s. I ... 41b111Uyt
I ...... atl aValLa 0.144rv• w •••.�......1 ..ma]• •hI<alrh ..:II lu P..... lo.nn."e
'n a. n.<..nd r...... ..• +.. �: ••t '•- '••••a wo-,..,� n) letter ...a .,...tr.l ,..•mxshYx l.. :.....::Nm i4Z:o
nl All an M Hn1Vrl•I G,1•/..iyl•" (i'tf1- (:-25(W) 111M1n. yam._ . I.r..,r. Vlu[ Mal <'•Yla a...,• I tM. Y SCI
') 1 1 4 CI- .r......_. o— u 1 °0.:4:4 al a.........- . a) vnee e•.•..1 ...n 11 Poh. 2N. "W. ranee wa4b time am
A, Il m Vlile 1 ...... I. 3%. 101ttla 4 C 'I., 15'Yr V6
t....p' -rt hid, Iic) b« ..a. 1: n I SW. 131 'lWIlt •..u••..I ...,I t'.m<:Yac r'....... Ead..d<d
Net withatsnding any other provlelor3s of thin proposal. the. rnllwwing itcTas sfe npedtically enChleted ONO.
W NI ....a,... ]..h h.- n•sa<da L. "I Led 11Aw tvin Mcea,...&.I ed., M.sh.
l+.Vnn 41:ei1r.lill.Laa.'4f.11. (:.......n ../n nr Nal•.rla..x• rat r.....r
'. .rat. In,llw,l .. <..V 'I*cxn•!„
an: ...a.a......1 ... �.....lY�,.. nl........ �.�_, ...J ...I ... w. Y.1 Yol.,••u.V. r_...IL 1..4 _ \...,Inn ....1'.✓ fYn.Vfi,nf
4..) vfn••.•..l cases A..�:......... W) Day....., ... Ynronna.•a. R...l. >Pr<roh4m
sI, yb.r.u,nea.:bYn1aiO4 wXnerry +l SSW ltvv.Uny(wy. {.
Accepted lay: Uxtc:
li 9
*EXECUTED IN TRIPLICATE ** BOND NO. 8151155
CITY OF NEWPORT BEACH PREMIUM: $198.00/2 YEA1
SUBDIVISION FAITHFUL PERFORMANCE BOND SUBJECT To RENEWAL.
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and HOPGAN
, =VE;_OPMENT, IN9- hereinafter designated as "Principal; are about to or have entered into an agreement pursuant to
the State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to
install and complete certain designated public improvements which said agreement, dated , 199_, and
identified as Agreement for Construction of Improvements (Resubdivisior No.1, is hereby referred to and
made a part hereof (the 'Agreement"); and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful
perfornance of the Agreement,
DEVELOPERS INSURANCE COMPANY
NOW, THEREFORE, We the Principal and as surety whose place of business is 17780 FIs
IRVINE, CA 92614 , a corporation organized and doing business under and by virtue of the laws of the State of _
CALIFORNIA , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole
surety upon bonds or undertakings required or authorized by the laws of the State of Caldomia, are held firmly
bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other
persons employed in the perfornance of the Agreement in the penal sum of NINE THOUSAND - - - -- Dollars ($9,000)
), 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, firnly be these presents.
The condition of this obligation is that if the above bound Principal, his, her 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 Agreement and any alteration thereof made as therein provided, on
his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless City, 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 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, included reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The Surety and Principal further agree in the event the work and improvements are not completed with the
time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its
option, and in addition to any other remedies available by law, complete or arrange for completion of the work and
improvements, and all costs and expenses therefor shall become a debt due and owing said City, as set forth in
the Agreement.
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 change, extension of
time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications.
IN WITNESS THEREOF, this instrument has been duly execut d by the Principal and Surety above
named on NOVEMBER . 199 9. MORGAN JWALOPMENT,4 1AC.
Approved as to Sufficiency: By /
PrincipaV
Approved as to Form:
City Attomey
AGISUBD- PER.BND: 10092
Principal
DEVELOPERS INSURANCE COMPANY _
Surety
By �v va tea,
VIRGI14IA M. LOUMAN, ATTORNFY --lid -•FACT
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY ,I
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263 -3300 N2 0 5 2 6 4 2
NOTICE'. 1. All power and authority herein granted shall In any event terminate on the 31st day of March. 2002.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney Is void unless the seal is readable. the text is in brown ink, the signatures are in blue ink and this notice Is in blue ink.
4. This Power of Attorney should not be returned to the Altai in -Fact, but should remain a permanent pad of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally.
but not jointly. hereby make. constitute and appoint
** *James E. Mary, Virginia M. Louman, Joan M. Wynn, Michelle Haase, Cynthia S. Ingraham, Marie T. Roussere,
Michael J. Hensel, Nell Amyx, jointly or severally * **
the true and lawful Attorney(s)- In.Facl. to make. execute. deliver and acknowledge, for and on behalf of said corporations as sureties, bonds. undertakings and contracts of suretyship
in an amount not exceeding Ten Million Dollars ($10.000.000) in any single undertaking: giving and granting unto said At torney(s) -In -Fact full power and authority to do and to perform
every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do, but reserving 10 each of said corporations full power of substitution
and revocation: and all of the acts of said Allorney(sl- in- Fact, pursuant t0 these presents. are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. effective as of September 24.1986:
RESOLVED. that the Chairman Of the Board. the President and any Vice President of the corporations be. and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds. undertakings and contracts of suretyship: and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cedificate relating thereto by facsimile. and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or
contract of suretyship to which It is attached.
IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 22nd day of December, 1996.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By QJjfi `i By�[S�S V _
Dan F. Vincenti, Jr. Dante incenti, Jr,
President opPANYOF P sident R�4,
FG ORq^v 4P DOyP
4 p
ATTEST .c,�,. NAR 9 �
:9M_ a
By By
Walter Crowell �- �• �• Waller Crowell
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On December 22. 1998, before me. C. Hollister, personally appeared Dante F. Vincenti, Jr. and Waller Crowell. personally known to me (or proved to me on the basis of
satisfactory evidence) to be the pers0q(s) whose rentals) isfare Subscribed to the within Instrument and acknowledged to me that hefshe /they executed the Same In his/her /their authorized
capacity(les). and that by his/heritheir signature(s) on the instrument the person {s), or the entity upon behalf of which the person(s) acted. executed the instrument.
WITNESS y hand and official seal.
HOLLISTER
I (.�� --p•-' Q ON DOM.If 1192615
Signature (. C� No IM,
Public - California O
ORANGECOUNTY
y Comm. Expires AUG. 11. 20021
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
cedity that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore. that the provisions of the resolutions of the respective Boards
of Directors of said corporations set forth In the Power of Attorney, are in force as of the dale of this Certificate.
This Certificate is executed in the City of wine, California, this 4TH day ofNOVEMBER , 1999
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
OµPANYOF StN5UR4N
/(D/�/�.�, �`q voq v PO ♦��^
By ` i - _-
William T Sheref 196) D William T. Sherer _ L
Senior Vice Presideni oy q, rp d+N�� Senior Vice President