HomeMy WebLinkAbout05-021 CC Resolution
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RESOLUTION NO. 05-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CONDITIONALLY RELEASING SUBDIVISION
BONDS FOR THE NORTH PLAZA, LLC. PROPERTY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
A. On December 16, 2003, North Plaza, LLC., and City ofTemecula entered
into a development agreement pursuant to California Government Code ~65864 et seq (the
"Development Agreement"). The Development Agreement was recorded in the Official Records
of Riverside County as Document No. 2004-0046942. The Development Agreement has not
been amended.
B. The Property which is the subject of the Development Agreement
consists of approximately 42 acres along Interstate 15 in the City of Temecula as described in
the Development Agreement ("Property").
C. "North Plaza, LLC." was an original party to the Development Agreement.
Pursuant to the Order of the United States Bankruptcy Court, Southern District of California, in
the case of In re North Plaza, LLC., dated as of December 1, 2004 ("Bankruptcy Court Order"),
DCH Investments Inc. (California) is now in escrow to purchase the Property from North Plaza,
LLC. Escrow is expected to close shortly after the approval of this First Operating
Memorandum. The escrow holder is Stewart Title Co., 505 North Brand BI., Suite 800-A
Glendale Ca.91203, Josette Loaiza, Escrow Officer, Escrow No. 04110297 (the "Escrow").
D. City is holding the following bonds securing the Public Improvements (as
described in Section 5.2.1 of the Development Agreement) as required by Section 5.4 of the
Development Agreement (collectively the "Subdivision Bonds"): (1) Bond No. 14841 89 in the
amount of $1,860,168.00 to cover the Empire Creek Storm Drainage Improvements for faithful
performance; (2) Bond No. 14841 89 in the amount of $930,084.00 to cover the Empire Creek
Storm Drainage Improvements for labor and materials; (3) Bond No. 148 41 90 in the amount of
$1,041,184.80 ($904,149.60, $110,664.00, and $26,371.20, respectively), to cover streets,
drainage, water, and sewer improvements for faithful performance for the interior streets; (4)
Bond No. 1484190 in the amount of $520,592.40 ($452,074.80, $55,332.00, and $13,185.60,
respectively) to cover streets, drainage, water, and sewer improvements for labor and materials
for the interior streets; (5) Bond No. 148 41 91 in the amount of $9,804.00 for subdivision
monumentation; and (6) Bond No. 148 41 92 in the amount of $157,950 for traffic signal
mitigation. The Surety for the Bonds is Insurance Company of the West and the Principal is
North Plaza, LLC. A copy of the Subdivision Bonds is attached hereto as Exhibit A.
E. The City will need to release the Subdivision Bonds so that the Surety will
release its deed of trust securing the Subdivision Bonds as a condition for the close of Escrow.
F. Concurrently with the adoption of this Resolution, the City Council entered
into the First Operating Memorandum with DCH which provides for the furnishing of
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replacement Subdivision Bonds and imposing additional security measures pending receipt of
the replacement bonds.
Section 2.
Bonds.
The City Council of the City of Temecula hereby releases the Subdivison
Section 3. This resolution shall be effective upon the close of Escrow and
recordation of the First Operating Memorandum. The City Clerk shall deposit a certified copy of
this Resolution in Escrow.
Section 4.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 22nd day of February, 2005.
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ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 05-21 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 22nd day of February, 2005 by the following
vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar Roberts, Washington,
Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
o
COUNCILMEMBERS: None
ABSTAIN:
o
COUNCILMEMBERS: None
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CITY OF TEMECULA
BOND NO. 148 41 89
SUBDIVISION FAlTHl'UL'PERFORMANCE BOND PREMIUM: $30,903.00
WHEREAS, the City of Temecula, State of California, and N()1'l"'1f PLlI.7, ~ {,T,C
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees
to install and complete certain designated public improvements, which said agreement, dated
Parcel Map
19_, and identified asi'roject No. 23496 , is hereby referred
to and made a part hereof; and
WHEREAS, Principal is required under the terms of the agreement to furnish a bond
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for the Faithful Performance of the agreement:
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Insurance Company
NOW, THEREFORE, we the Principal and of The West as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of $1,860,168.00
lawful money of the United States, for the payment of such sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally,
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the 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 this or their true intent and me:uJing, and shall indemnify and save
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harmless the City of Temecula, its officers, agents, and employees; as therein stipulated;
otherwise, this obligation 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
theref~e, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by 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 any way 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.
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on
JULY 12
. [SEAL]
SURET~INSURANCE COMP~OF T~E WEST
By: ~<-{J---<1~
DALE G. HARSHAW. ATTORNEY-IN-FACT
(Name)
(Title)
APPROVED AS TO FORM:
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PETER THORSON
City Attorney
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STATE OF CALIFORNIA
COUNTY OF
LOS ANGELES
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On JULY 17,1996
personally appeared
, before me,
ROBERT R. CHAMBERS
S.WARE
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, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose namefsj is/afEl-
subscribed to the within instrument and acknowledged to me that he/ilhe,'tlgey executed the same
in his/hcrltlgeir authorized capacityfies), and that by his/hor/tlloir signaturets) on the instrument the
person(-s)l>r the entity upon behalf of which the person(-sr acted, executed the instrument.
WITNESS my hMd and -~ ~1A
Signature ~~
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(This area for official notarial seal)
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Title of Document
Date of Document 7-12-96
Other signatures not acknowledged
SUBDIVISION FAITHFUL PERFORMANCE BOND
No. of Pages
DALE G. HARSHAW
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3008 (1/94) (General)
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State of California )
County of San Diego )
On July 12. 1996 before me, Sheryl Smith. Notary Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
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executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal,
I I .-- HERYL SMITH '"I
~@.. JlMM, #1060479 tl
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InsJJnce Company oJ the
HOME OFFICE: SAN DIEGO. CALIFORNIA
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West
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: Tha' INSURANCE COMPANY OF THE WEST, a Calilornia Corporalion, doa. haraby appo;nt:
DALE G. HARSHAW
its true and lawful A.l1orney(s).in-Fact. with 11.111 power and authority. to execute, on behalt of 11'1. Company, fidelity and surety bonds. und.rtakings,
and olher contracts of suretyship of a SImilar nature,
This Power of Attorney is granted and is signed and 18.led by facsimile under the authority of the following R.solution adopted by the Board
of Directors on the 22nd day at Nov~mb8r, 1994. which said R.solution has nol be.n amended or rescinded and of which the 'ollowing is a
true copy:
"RESOLVED. that the Chairman of the Board. the President. an EX8cuUve Vice President or 8 Senior Vice Pr.'ident 01 the Company,
and each of them, is hereby authorized to execute Power. of Attorney qualifying the attorney named in the given Power 0' Attorney to exeCllle
on behalf 0' the Company, fidelity and surety bondi, undertakings, Of other COntracts of aur.tYlhip of a similar nature; and to attach thereto
the ,eal of the Company; provided however, that the abslnce of the sea' shaff not affect the validity 01 the instrument
FURTHER RESOLVED, Ihal Ihe slgnalure. 01 such officers and the 11.' 01 the Company, and the signature. 0' any Witnesses, the
signatures and seal 01 any nOlary, and the signatur.. of any officer. certilying the validity of the Power of Attorney, may be affixed by facsimile'-
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST haa caused these prasants to be .;gnad by ill duly author;zad omears
lh;s 27th day of March 1995,
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INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John l. Hannum, Senior Vice Presidenl of INSURANCE
COMPANY OF THE WEST, p.r.onal.ly known 10 m. to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the .ame in his official capacity and that by. his .ignat,,:," on the inllrument the corporation on behalf 01 which he
aCted, IXecuted the instrument.
WITNESS my hand and official .eal.
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I~@ COMM,~ &
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I SAN DIEGO COUNTY i
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Notary Public
CERTIFICATE:
I. E. Harnod Oav;., Vica Prasidant 0' INSURANCE COMPANY OF THE WEST, do haraby cartify that tha original POWER OF ATTORNEY,
of which the foregoing is a true copy, is 8tUl in full force and eHect, and that this certificate may be signed by facsimile under the authority
of the above quoted resolution,
IN WITNESS WHEREOF, I hava aubscrlbed my nama as Vice Presidant, on thl.
1996,
12TH
day of
JULY
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INSURANCE COMPANY OF THE WEST
f ~~l In)
E. Harned Davis, Vice President
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CITY OF TEMECULA
BOND NO. 148 41 90
PREMIUM: INCLUDED IN
PERFORMANCE PORTION
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SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and NORTH PLAZA LLC
(hereinafter designated as "Principal") have entered into an agreement whereby principal agrees
to instalI and complete certain designated public improvements, which said agreement, dated
Parcel Map
, 19_, and identified as PTQtm No. 23496 ,is hereby referred
to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and, sufficient payment bond with the City of
Temecula, to secure the claims to which reference is made in itle 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California; and
Insurance Company
NOW, THEREFORE, we the Principal and of The West. as Surety, are held
and firmly bound unto the City of Temecula, California, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
agreement and referred to in Title 15 of the Civil Code, in the penal sum of S; 2 0 , 592 . 40,
lawful money of the United States, 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, the
Surety will pay the same in an amount not exceeding the amount set forth,
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
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attorney's fees, incurred b~jty in successfully enforcing such oJlldation, all to be taxed as
costs and included in any judgment 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 s"iction 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,
If the condition of this bond is 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 np 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 any way 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.
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IN WITNESS WH~]OF, this instrument has been duly ex~Jted by the Principal and
Surety above named, on JULY. 12 , 19 96
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[SEAL]
SURETY
INSURANCE COMPANY OF
THE loJEST
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(Name)
DALE G. HARSHAW, ATTORNEY-IN-FACT
(Title)
BY:
APPROVED AS TO FORM:
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PETER M. THORSON
City Attorney
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PRINCIPAL
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Manager
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(Name)
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STAlE OF CALIFORNIA
COUNTY OF LOS ANGELES
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On July 17,1996 , before me,
S. Ware
personally appeared
Robert R, Chambers
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, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name~) is/i!ll'e"
subscribed to the within instrument and acknowledged to me that he/!i'ie/~I'Ie;y executed the same
in his/Re,/lIleir authorized capacity(iesr, and that by his/l:iElf/t1 ,eir signaturetsfon the instrument the
person(sfor the entity upon behalf of which the persoRts1 acted, executed the instrument.
WITNESS my hand and
/
. S.WARE
- Cv.~.,lIMIoJ\ '1crJ29S7
Notary NlIIc-CllIIori:I
loI AngoIGs COIIlIy
My Corml, Expires S8p 19. 199P
Signature
(Trns area tor official notarial seal)
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Title of Document
Date of Document
SUBDIVISION LABOR & MATERIALS BOND
7-12-96
No. Of Pages 3
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Other signatures not acknowledged
3008 (1/94) (General)
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State of California )
County of San Diego )
On July 12. 1996 before me, She(}'l Smith, Nota(y Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
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executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument,
WITNESS my hand and official seal.
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~''', COMM, #1060479 0
U NOTARY PUBUc.cW'ORNIA "'0
"'..: JlAN DIE90 CO NTY .
(.), Mt Commission pm ,
J ,JUNE 4, 1999
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InsJ.ance Company oJ the West.
HOME OFFICE: SAN DIEGO. CALIFORNIA
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, . California Corporation. do.. haraby appo;nt:
DALE G. HARSHAW
its true and lawful Attorney(sl-jn-Fact, with iull power and 8l.Jthority, to execute, on bahalf of thl Company, fide lily and surety bonds. undertakings,
and other conlracts of suretyship of a SImilar nalure.
ThiS Power of Attorney is granted and is ligned and .e.l.d by faClimil. under the authority of the follOWing A.,olution adopted by lhe Board
of Directors on the 22nd day of November. 1994. which IBid R.,olution ha. not be.n amended or rescinded and of which the following is .
true copy:
"RESOLVED. Ihal the Chairman 01 the Board, the Pre.idant, an EX8CUUY8 Vice President or a Senior Viea President of the Company.
and each of them. is hereby authorized to execull Powers of Altorney qualifying the attorney named in the given Power of A.ttorney to execute
on behall of Ihe Company. fic,Iity and surety bondl. undertakinga, or other contract. of aurelyahip of . Similar nature; and to attach thereto
Ihe seal of the Company; provided however, ,that the abs.nce of Ihe le.lahall not affect the validity 01 the instrument.
FURTHER RESOLVED, thai Ihe signature. of such officers and the seal 01 Ihe Company, and the signatures 0' any WItnesses, the
signtltures and seal of any notary, and the signature. of any officers certilying the validity 0' the Power 0' Attorney, may be affixed by facsimile:
IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST ha. cau.ad the.. pre.onts to bo .ignad by its duly author;Zod offiear.
this 27th day 01 March 1995,
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INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
March 27th, 1995
On this be'ore me personally appeared John L. Hannum, Senior Vice President 0' INSURANCE
COMPANY OF THE WEST, personally known to me 10 be the individual and officer who Ixecuted the within instrument, and acknowledged
to me Ihat he ex.cuted the same in his offl~ial capacity and that by. hia signature on the instrument the corpouUion on behalf ot which he
acted, executed the instrument.
WITNESS my hand and official ..al.
lH' H ~~~~ Hi
~@ COMM~ I:
I -. Notary PubUc:-cO~fofnla f:
J SAN DIEGO COur-llY f
_ . ~ ~ . ~C~~'~OI~~ 1~.1~~
Yl~!I) R~:tu
Notary Public
CERTIFICATE:
I, E, Harnad Davl., V;ce Prasldant of INSURANCE COMPANY OF THE WEST, dO heraby cartily that tha orig;nai POWER OF ATTORNEY,
0' which the foregoing is a true cOPY. is still in full force and .ffect, and that this certificate may be signed by facsimile under the authority
of the above - quoted resolution.
IN WITNESS WHEREOF, I have subscribed my n8me as Vice Pre aide nt, on this:
1996,
12TH
day of
JULY
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INSURANCE COMPANY OF THE WEST
f ~~l Ilk}
e. Harned Davis, Vice President
ICW 37
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I INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
I.C.W. GROUP
p,O, Box 85563
San Diego, California 92186-5563
GENERAL INDEMNITY AGREEMENT
by.
This Indemnity Agreement is executed and delivered this 10TH day of
NORTH PLAZA, LLC
JULY 1996
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as Principal and
the undersigned Indemnitors, (both Principal and Indemnitors sometimes collectively referred to as the
.Undersigned.), to Insurance Company of the West and/or The Explorer Insurance Company. as the .Surety.,
WHEREAS, the Principal, in its own name or as co-adventurer with others, may desire, or be required,
to provide a surety bond or bonds, undertakings, or guarantees, and may request Surety to execute or procure
the execution of such Bonds, or the Principal or one or more of the Indemnitors may request the Surety to
renew, continue or substitute new Bonds with the same or different conditions (anyone or more of which will
be referred to as .Bonds.); or the Principal or one or more Indemnitors may request the Surety to refrain from
canceling such Bonds; and
I WHEREAS, the Principal and Indemniiors understand that the Surety expressly requires the delivery of
this Indemnity Agreement as part of the consideration for the execution, renewal or extension of Bonds, or for
refraining from canceling Bonds; and
WHEREAS, the Indemnitors have a substantial, material and beneficial interest in the Principal obtaining
Bonds, or in Bonds not being canceled;
NOW THEREFORE, in consideration of the Surety delivering one or more executed Bonds to the
Principal, or the renewal or extension of Bonds, or refraining from trying to cancel Bonds, the Undersigned, for
themselves and their heirs, executors. administrators, successors and assigns, jointly and severally, covenant
and agree as follows:
1, INDEMNITY. The Undersigned shaH indemnify and keep indemnijied the Surety against any and
all liability for losses and expenses of whatsoever kind or nature, including attomey fees and costs, by reason
of having executed or procured the executi6n of Bonds, or by reason of the failure of the Principal or
Indemnitors to perform or comply with the covenants and conditions of this Agreef'!1ent.
The Surety may payor compromise any claim, demand, suit, judgment, or expense arising out of the
Bonds, and any such payment or compromise made by the Surety in the reasonable belief that it was liable for
the amount paid or that it was expedient under all the circumstances to make such payment or compromise,
shall be binding upon the Undersigned as a loss or expense covered by this indemnity, whether or not such
liability actually existed. An itemized statement of the payment or compromise, sworn to by an officer of the
Surety, or the voucher or vouchers or other evidence of the payment or compromise, shall be prima facie
evidence of the fact and the amount of the liability of the Undersigned under this Agreement. . .
I If the Undersigned desire a claim against the Surety to be resisted, the Undersigned shall (a) make
written request to the Surety to defend against the claim including a statement ot the basis for the defense, (b)
simUltaneously deposit with the Surety cash or collateral acceptable to the Surety in kind and amount, sufficient
to cover the claim and any costs, interest, attorney fees, sanctions or other costs that may be awarded in any
judgment or otherwise, and (c) either simultaneously deposit cash or collateral satisfactory to the Surety in an
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amount sufficient to cover the expenses and attorney fees of defending against the claim or provide and pay
the fees and e~penses of counsel acceptable tc tl':e Surety to c::nduct the c::~ense,
I 2. RESERVE AND DEPOSIT. If for any reason the Surety establishes or increases a reserve to cover
pOSSible liability or loss for which the Undersigned will be obligated to indemnify the Surety under this
Agreement, the Undersigned will deposit with the Surety, upon demand, cash equal to the,rese",e.or,incr.ease.._
in the reserve, or collateral acceptable to the Surety, The Surety shall have the right to use the cash or collateral
to payor settle any liability, loss or expense for which the Undersigned would be obligated to indemnify the
Surety under this Agreement. Any unused portion of the cash or collateral will be returned to the Undersigned
upon termination of the liability of the Surety on the Bonds and the performance by the Undersigned of all .
obligations to the Surety under this Agreement. Surety shall have no obligation to invest, or pay interest or
provide a return on, the cash or collateral deposited,
3. DECLARATION OF TRUST. The Principal hereby declares that all funds due or to become due
under any contract covered by Bonds are trust funds, whether in the possession of the Principal or another, for
the benefit of all persons to whom the Surety would be liable under the Bonds, and for the benefit of the Surety
for any loss or expense covered by this indemnity: If the Surety satisfies any liability on Bonds, the Surety shall
be entitled to assert the claim of such person to the trust funds, in its own name or that of the claimant.
Principal shall, upon demand of the Surety, open an account in a bank or other depository approved by the
Surety, in the name of the Surety or designated as a trust account for Surety, and shall deposit therein all
monies received from the contracts covered by Bonds, Withdrawals from the trust account shall require
countersignature by a representative of the Surety, The trust shall terminate upon satisfaction of all obligations
for which the trust is hereby created, or 20 years from the date of this Agreement, whichever occurs first.
I 4, DEFAULTS. Each of the following shall be considered a Default of this Agreement:
(a) any abandonment, forfeiture, or breach of or refusal or inability to perform any contract covered by
Bonds. or any breach of the Bonds;
(b) failure, delay, refusal or inability of the Principal to pay bills or other indebtedness incurred in
connection with the performance of the contract covered by Bonds;
(c) failure to perform or comply with any of the terms, covenants and conditions of this Agreement;
(d) failure to pay, when due, any other indebtedness of the Principal to. the Surety;
(e) any assignment by the Principal for the benefit of creditors, or the appointment, or an application by ,
the Principal for the appointment, of a receiver or trustee for the Principal or its property, whether insolvent or
not, or an application by the Principal for reorganization or arrangement under the terms of the United States
, Bankruptcy Code or any similar laws of any State, possession or territory of the United States, or the initiation
and continuation for 30 days of proceedings by any other person for the appointment of a receiver or trustee,
for liquidation or the reorganization or arrangelJlent of the Principal; .
(I) commencement or continuation of any proceeding which deprives the Principal of, or interferes with,
his use of any of the supplies, tools, plant, machinery, equipment or materials in, onor around the work or the
work site of the contract covered by Bonds;
(g) if the Principal is an individual, the Principal's dying, absconding, disappea:ring, incompetency, being
convicted of a felony or imprisoned, and if the Principal is any other entity, any change or threat of change in
the character, identity, control, management, beneficial ownership or existence of the Principal.
5. ASSIGNMENT. The Principal hereby assigns to the Surety, subject to the trust herein created: '(a)
all monies due or to become due to the Principal as a result of the contract covered by Bonds, including, but
not limited to, progress payments, advances, deferred payments, retained percentages, payment for extra work,
I and proceeds of any delay or other damage claims; (b) all other rights of the Principal in or growing out of the
contract covered by Bonds, (c) all right, title and interest of the Principal in and to all supplies, materials, tools,
machinery, plant and equipmentof every nature and description that may now or hereafter be in, on or around
the work or the work site covered by Bonds, and materiais purchased or ordered for the performance of the
contract whether in process of construction, ,in transit to the site, or in storage elsewhere;. (d) all rights of the
Page 2 of 6
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. .. Principal in and to all subcontracts, let or to be let, in connection with the contract covered by Bonds and all
I surety bonds covenng such subcomracts; and lej all actions, causes of action. claims and demands whatsoever
which the Principal may have or acquire against any subcontractor, laborer, materialman, or any other person
fumishing or agreeing to fumish or supply labor, material. supplies. machinery, tools or other equipment. in
connection with oron account of the contract covered by Bonds, and against any surety or sureties of any
subcontractor. laborer or materialman, This assignment shall be effective as of the date' otthe Bonds. but only
in the event of a Default of this Agreement.
The purpose of this assignment is to enable the Surety to complete the performance of the obligations
of the Principal under any contracts covered by Bonds and the payment of obligations incurred by the Princi~al
in the performance of such contracts, and to provide the Surety with collateral for the obligations of the
Undersigned to the Surety under this Agreement.
6. EFFECT OF DEFAULT. Upon the occurrence of a Default, the Principal authorizes and empowers
the Surety, or any person designated by the Surety, to execute in the name of the Principal, any instruments
deemed necessary or desirable by the Surety to provide absolute title to the Surety of any funds, property and
rights as are hereby assigned, transferred or conveyed, and the Principal hereby authorizes the Surety or such
person or persons designated by the Surety to take immediate possession of such funds, property and rights,
to collect such sums as may be due and to endorse, in'the name of the Principal, and to collect, any checks,
drafts, warrants and other instruments made and issued in payment of any such funds,
Upon the occurrence of a Default, the Surety shall have the right to take possession of the Principal's
supplies, tools, plant. equipment and material and to use, and consume if necessary, the same in the
performance of the contracts by itself or by others,
The Surety is authorized to assert and prosecute any right or claim hereby assigned, transferred or
conveyed in the name of the Principal and to compromise and settle any such right or claim on such terms as
I it considers reasonable under the circumstances,
The Surety may sell any property assigned to it pursuant to this Agreement at public or private sale, with
or without notice, at any time or place, without incurring any liability of any kind. The Surety may purchase any
of the property at such sale,
7. SECURITY AGREEMENT. This Agreement constitutes a Security Agreement to the Surety and a
Financing Statement in accordance with the provisions of the Uniform Commercial Code, The Surety may make
such additions to this Agreement as may be necessary or desirable to permit its filing as a Financing Statement
under the UCC, and the Principal will execute any other documents necessary to permit the filing of a Financing
Statement based on this Agreement as a Security Agreement in any place the Surety deems desirable,
6. ATTORNEY-IN.FACT. Each of the Undersigned hereby irrevocably appoints the Surety or any
person or persons designated by the Surety to -act as their attomey-in-fact with the right to exercise all of their
rights assigned to the Surety by this Agreement and in their name to execute and deliver any and all additional
other assignments or documents deemed necessary by the Surety to vest absolute title to any and all monies,
property and rights hereby assigned; and to provide the protection and rights to th~ Surety contemplated by
all of the provisions of this Agreement.
9. TAKEOVER AND COMPLETION. 11 a Default of this Agreement occurs, as described in Paragraph
4, the Surety shall have the right, at its option and iri its sole discretion, and is hereby authorized with or without
exercising any other right or option conferred upon it by law or by the terms of this Agreement, to take
possession of all or any part of .the work under the contract covered by Bonds and to complete or arrange for
the completion of the same,
I 10. ADVANCES. The Surety may, at its sole discretion, make or guarantee advances or loans to or
for the account of the Principal to be used in the performance of its obligations under contracts covered by
Bonds. The Surety shall have no obligation to see to the proper application of funds delivered to the Principal,
. and the Undersigned shall be obligated to indemnify the Su;ety in accordance with the terms of this Agreement
Page3 of 6
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" for the amount of all such advances and loans and any expenses incurred in connection therewith,
Inotwithstanding that the funds or any part thereof have not been so used by the Principal.
11. PREMIUMS. The undersigned will pay to Surety, when due. all premiums and charges of the
Surety for the Bonds in accordance with the Surety's manual of rates. or as otherwise agreed upon, until the
Principal or Indemnitors have-p1o\iiOEid'evidence satisfactory to Surety of its exoneration and release from all
liability on the Bonds .
12. WAIVER OF NOTICE. The Undersigned hereby waive notice of the execution of any Bonds or
of the acceptance of and reliance upon this Agreement by the Surety, of any default by the Principal or claim
on Bonds, and of any act. fact or information concerning or affecting the rights or liabilities of the Surety or the
rights or liabilities of the Undersigned,
13. CONSENT TO CHANGES. The Surety is authorized, without notice to or knowledge of the
Undersigned, to assent to any change whatsoever in any Bond and any contract covered by a aond, including,
but not limited to, any change in the time for the completion of the contract or for payments or advances
thereunder, to assent to or to take any assignments, to execute or consent to the execution of any continuations,
extensions, renewals, increases or decreases, modifications, or a~erations of any Bond, and to execute any
substitutes with the same or different conditions, provisions and obligees and with the same or larger or smaller
penalties, and the Undersigned shall remain bound under the terms of this Agreement even though such assent
mayor does substantially increase the liability of the Undersigned,
14. RIGHT TO DECLINE OR SEEK RELEASE FROM BONDS. The Surety may decline to execute
any Bonds applied for without incurring any liability whatever to the Undersigned, If the Surety executes a bid
lor proposal bond. it may nevertheless decline to execute any and all bonds that may be required in connection
with any award made on the bid for which the bond was given. and the Principal shall have the right to procure
from another surety any bonds that may be required in connection with any award under the bid for which the
bond was given, The Surety may take any action it deems necessary to obtain release from liability under any
or all Bonds, and the Undersigned will, upon request from Surety, assist the Surety in obtaining release from
any Bonds, Upon release of the Surety from any Bonds, without loss or expense to the Surety, the Surety will
return to the Principal any uneamed premium paid for such Bonds, The Undersigned shall, however, remain
liable to the Surety for losses or expenses paid or incurred by the Surety prior to release from any Bonds,
15. NOTICE OF CLAIMS. The Undersigned shall immediately notify the Surety of any demand, notice
or proceeding of which they become aware that might resu~ in liability to the Surety under any Bonds,
16. BOOKS AND RECORDS. The UnGlersigned shall fumish to the Surety such information as it may
request from time to time conceming the financial condition of the Undersigned. the status of bonded projects
and contracts, and the payment of obligations 'Incurred in connection therewith, The Surety may, from time to
time, at reasonable hours and places, examine and copy the books and records .of the Undersigned, The
Surety may obtain information concerning the operations and financial affairs of the Undersigned from financial
institutions, Bond obligees, suppliers or subcontractors, credit agencies, or others, who are hereby expressly
authorized to furnish such information to the Surety,
17. PRESERVATION OF SURETY'S RIGHTS. The Indemnitors shall have no rights of indemnity
against the Principal or his property until the Principal's obligations to the Surety have been satisfied in full,
All rights and remedies of the Surety under this Agreement shall be cumulative, and the exercise of or
I fai.lure to exercise any right or remedy shall not be an election of or waiver of any right or re. medy, Failure of
. the Surety to pursue any remedy against anyone or more of the Undersigned' shall not waive any right against
any other of the Undersigned, Surety is not required to exhaust its remedies or rights against the Principal or
to await distributions from the legal representatives of the Principal before asserting its rights under this
Agreement against the Indemnitors, ..'
Page 4 of 6
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The rights, powers and remedies given to the Surety by this Agreement are in addition to, and not in lieu
If, any other rights and remedies against the Undersigned or others by the terms c.' any other agreement, by
law, or otherwise,' ' .
. The Undersigned shall continue to be bound under this Agreement even though the Surety, with or
without notice to or knowledge of the Undersigned, has accepted or released or may in the future accept or
release; other agreements of indemnity or collateral, from the Undersigned or others, in connection with the
execution of Bonds,
If any of the persons named herein as Principal and Indemnitors fails to execute this Agreement or if the
execution by any of the Undersigned.is defective or .inv,alidfor any reason, such failure, defect or invalidity shall
not in any manner diminish or otherwise affect the obligation or liability of any other of the Undersigned, Failure
of the Principal to sign any Bonds shall not relieve the Undersigned of liability under this Agreement.
If any provision of this Agreement is held to be void or unenforceable, this Agreement shall not be void
or unenforceable but shall continue in effect and be enforced as though such provision or provisions were
omitted,
Separate suits may be brought on this Agreement against any or all of the Undersigned and the bringing
of a suit or the recovery of judgment-upon any cause of action shall not prejudice nor bar the bringing of other
suits on other causes of action, whether they arose before or after such suit or judgment.
The Surety is authorized to settle any claim based upon this Agreement with anyone or more of the
Undersigned individually, and such settlement or compromise shall not affect the liability of any of the rest of
the Undersigned,
18. OTHER SURETIES. If the Surety procures the execution of any Bonds by other sureties or
executes Bonds with co-sureties, or reinsures Bonds or any portion thereof, then all the terms and conditions
of this Agreement shall inure to the benefit, as their interests may appear, of such other sureties. co-sureties or
I reinsuring sureties,
19. MODIFICATION. The rights and remedies of the Surety under this Agreement may not be waived
or modified except by written amendment signed by the Surety,
20, TERMINATION. This is a continuing agreement which remains in full force and effect until
terminated, This Agreement may only be terminated by anyone or more Indemnitors by giving 30 days written
notice to the Surety by certified or registered mail, at 10140 Campus Point Drive, San Diego, Califomia, 92121,
or p, 0, Box 85563, San Diego, California, 92186-5563, but any such notice shall not operate to modify, bar,
discharge, limit, affect or impair the obligations of the Undersigned under thi,s Agreement with respect to Bonds
which are executed prior to such termination or with respect to Bonds executed after the date of such
termination (i) upon award of a contract to the Principal on a bid or proposal with respect to which the Surety
has executed a bid or proposal bond or similar undertaking prior to such date, or (ii) which the Surety has
become obligated, priC?r to such date, to execute, The notice of termination shall operate only with respect to
those upon whose behaif such notice was given,
21. ATTORNEY FEES. If the Surety commences any action or proceeding, including arbitration,
against the Undersigned, or any of them, by reason of any breach or claimed breach of any provision of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party
or parties its reasonable attomey fees and witness fees, and all other costs, whether or not the .action or
proceeding resu~s in a judgment, and shall be entitled to recover its costs and attomey fees incurred in
enforcing any judgment obtained.
I 22. INTERPRETATION. Each party agrees to the use of the particular language of this Agreement.
Any statute or rule of construction providing for iI'lterpretation against the drafting party or the party who causes
an ambiguity shall not be employed in interpretation of this Agreement. ,.., . ,
23. 'ENTIRE AGREEMENT. This Agreementcon~ains the entire agreement of the partie:~nd
Page 5 016
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. supersedes any prior or contemporaneous written or oral agreements, representations and warranties between
fhe parties with respect to the subject matte' c' this Agreemert There ar~-".,o representations. warranties,
greements, arrangements, or understandings, written or oral, that are not fully expressed in this Agreement,
24. REPRESENTA110NS. THE UNDERSIGNED REPRESENT TO THE SURETY THAT THEY HAVE
, CAREFULLY READ THIS ENl1REAGREEMENT AND FULLY UNDERSTAND ALL ITS PROVJSJONS, AND THAT
THEY HAVE NOT REUED UPON ANY REPRESENTATIONS, COVENANTS. WARRANTIES OR AGREEMENTS,
EXPRESS OR IMPUED, OTHER THAN THOSE..E)(PRESSLY SET FORTH IN THIS AGREEMENT,
WHEREFORE, the Undersigned have duly executed this Agreement or have caused this Agreement to
be executed by their duly authorized representatives, and those signing on behalf of other persons or entities
hereby warrant that they have the authority to bind the person or entity for which they have signed,
SIGNATURES OF PRINCIPAL AND INDEMNITORS: Type or print the name of the party signing, and the
designation as 'Principal' or 'Indemnitor', and type or print the name of each person signing on behalf of other
persons or entities, Include the current ~ address and telephone number of each party and social security
numbers of individuals, Please attach notary acknowledgments of all signatures,
I
PRINCIPAL:
NORTH PLAZA, LLC ~
BY: ~~ _
/ROBERT R. CHAMBERS, MANAGER
:~Ed~-Z,_4
~OBERT R. CHAMBERS SS# 352-24-6926
29400 RANCHO CALIFORNIA RD.
TEMECULA, CA 92591
11439 LAURELCREST DR.
STUDIO CITY. CA 91604
(818) 762-2204
x.~~ h'C4cUU-us
CLYTIA M. CHAMBERS SS# 579-50-6521
11439 LAURELCREST DR.
STUDIO CITY. CA 91604
(818) 762-2204
OBERT R. CHAMBERS, TRUSTEE
BY: ti..,tu/l '~0
CLYTIA M. CHAMBERS, TRUSTEE
I
Do additionai'signatures appear on attached pages? ~ Y es ~ No,
Page 6 of 6
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. CAL~~ORNIA ALL.PURPOSE AJ.iNOWLEDGMENT
( )
State.cl (~
County of '
On ~' !~71f'!
personally appeared ROBERT R. CHAMBERS ,
., . NWE(SIOf: SIGNERlSI '
o paFGenally 111'10'..11 to me . OR ~ proved to me on the b~sis of satisfactory evidence
to be the person~ whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me tha@'s)l.€/t~ executed
the same in his/~/~ir authorized
capacity~, and that by his/~r/t~
signature~. on the instrument the person;$J',
or the entity upon behalf of which the
person~ acted. executed the instrument.
before me,
~~~ .JtIi.~..
NAME. nnE OF fleER E.G.. -JAHE DOE. NOTARY
~ teA"' d' ... ~~~ESA~.\;JP~E;'~
, ';' COIl/.l.I1Q693';7 I:
III NOTARY PUBlIC . C~IA!1l
, ~ lOSAOOELES COOHTY .!.
- ~ IIyComm. Ex;WesAUG 17,19991-
~.- TT"TTTTTTT........."..".."..
WITNESS my hand and official seal.
~~d
v
Il.~
SIGNATURE OF TARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fonn. .
CAPACITY CLAIMED BY SIGNER
,.0' INDIVIDUAL
'D'-cOAPOAATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
~~/l~,
TITLE OR TYPE OF D MENT
T1TlE(S)
o PARTNER(S}
o UMITED
o GENERAL
~
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
7/;//j?
DATElOF ~CUMENT
(0/2;- 7'Jf. ~
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME o~ PER5ON(S} OR ENT1T'Y(IES1
-
IcW GP 416
.
. . - .
. .. ( )
CALIFORNIA ALL.PURPOSE ACK.NOWLEDGMENT
( )
I
State of
County of
before me,
.. ",. .
~
On
~ 1.~ ~ ~ "'- T';E~ESA~ ;~IP~hAi
~ .. COJ,IIU10693S7 E:
i If; OOTARY PUBlIC 'CAl.f~1A ~
, :I lOSAllJElESCOUKTY _
; ~ yyCommExjlilesAUG,17,l99'JJ
~.. T T T T T T T T T T T T T T
personally appeared ROBERT R. CHAMBERS
NAME(S) OF SIGNERISl
::::= fJ",I!Onally kno'll'f'1 t6 me . OR - ~'proved to me on the basis of satisfactory evidence
. to be the person~ whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me that he/~e/~'y executed
the same in his/~r/th):Q' authorized
capacity~, and that by his/~/t~
signature~ on the instrument the perso~
or the entity upon behalf of which the
person~ acted, executed the instrument.
WITNESS my hand and official seal.
I
:J/1l/Jh/{ /J /o/~
v SIGNA TURI!: OF NOT AAY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the <Jocument and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
~INDIVIDUAL
u CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TTT1.E{S}
/l;
,[ PARTNER(S)
o LIMITED
o GENERAL
It
U ATTORNEY.iN-FACT
. 0 TRUSTEE(S)
I i GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
~)f
IOAT OF DOCUMENT
I
SIGNER IS REPRESENTING:
NAME OF PERSON(Sl OR ENTJTY(IESl
. J#. I!A~,
S) OTHER THAN NAMED ABOVE
Iew GP 416
.
, CALi~ORNIA ALL.PURPOSE AC~~OWLEDGMENT
( )
I
State of
County of
before me, ~~TLE!o;FIC&..~ENOTARYPU.lIC"
On
personally appeared ROBERT R. CHAMBERS
NAME(Sj OF SIGNERI$l
.C per~onally known to me - OR .%proved to me on the basis of satisfactory evidence
to be the person~ whose name~ is/W
. subscribed to the within instrument and ac-
knowledged to me that he/s)re/t!)e:Y executed
the same in his/wr/t~r authorized
capacity~, and that by his/~r/tlJ)1:1:
signature~ on the instrument the personJM:'
or the entity upon behalf of which the
personpst acted, executed the instrument.
t"':.~ .... ~:f~E;tA."T;!P~;" ...
, - COWU10093S7 C
, lb NOTARY l'tJeu; 'CAlEOIf-ll4m
, ::I LOS AtalES COUNTY !!
: ~ lIyCGnm ErjWesAUG,17. 1999~
~ TYTTT~TTTYTTTY
WITNESS my hand and official seal.
~~/[ SIGN!OFNOYJcr
I
OPTIONAL
Thoug;l the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form, .
CAPACITY CLAIMED BY SIGNER
g INDIVIDUAL
'C:::'CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
T1T1.ffSI
,&~ ~~J-
. TITLE OR TYPE DOCUMENT
. ! PARTNER(S)
o UMITED
o GENERAL
NUMBER ~ PAGES
U ATTORNEY-IN-FACT
U TRUSTEE(S)
c...J GUARDIAN/CONSERVATOR
Ii OTHER:
7 /;oft6
DATE OF DOCUMENT
I
SIGNER IS REPRESENTING:
-'lAME OF PER$ONlSl OR ENnTY(IES)
~ k 7Jf /Yl;Z,.Aer~
SIG R(S) OTHER THAN NAMED ABOVE
lew GP 416
~
~
( )
( )
CALIFORNIA ALL.PURPOSE ACKNOWLEDGEMENT
} 55,
appeared
-
before me, the undersigned, a Notary Public in and for said State personally
1JI. (!A~, .
Name(s) of S;gner(s)
On
!;;] rer3onall) ~"u..l, ta
me OR- r\I proved to me on the basis of satisfactory evidence to be the personlkl' whose
/"V name($!? is/~ subscribed to the within instr6'nYent and
acknowledged to me thatMYshelt~ executed the same in
p\6)her/thj{fauthorized capacity~, and that by~/her/~
signature!lil; on the instrument the person{~ or the entity
upon bel'iaTf of which the perso~ acteli,Vexecuted the
instrument.
~
1.'- ~ .. . ~;E~~ ;;IP:E~" ~
d: COW,I1ll6il3S1 C
w NOTARY l'Ueuc 'CAtFOIWlI\!!l
:I lOSAOOELES COUNTY l'
i ~ IoIyConvnE.qJiresAUG,17,l999J
~ TY~TTY~TTTTTTT
Witness my hand and offical seal.
l(ThiS area for official notarial seal)
Capacity Claimed by Signer
~~~natur.! ~tM
114q-tJ4. /! ?/;;~/~r/'
Name (Typed or Primed)
Description of Attached Document
;&. Individual~
o Corporate Officer(s) - Title(s)
This certificate must be attached to the document
described below: fV1 Ii /J /
~e or type of document ~' ~~'
'~ (
Number of Pages /j:J , '
Date of Document 1/10/'J./.
( I
Signer(s) ~er than N7d ~ _
~, ~5'
o Partner(s)
o Attorney-In-Fact
o Trustee(s)
o Guardian/Conservator
o Other:
ISigner is Representing:
Name of person(s) or Entity(ies)
ATTENTiON NOTARY
Althou9h the information requested above is optional, it
could prevent fraudulent attachment of this certificate to
another document.
SAV-191A (3/94)
-:
','
~ '-.
. CAL\FORNIA ALL.PURPOSE At "'OWLEDGMENT
"
I
I
I
State of
County of
On
( )
...~, 4. ~w
v NAME. TITLE OF OFFICER. e.G.. -JANE . NOTARY PUBLIC'"
" before me, .
personally appeared CLYTIA M. CHAMBERS ,
. . , NAME(SIOF SIGNERISl .
b jger&ClAally k, ,o"n te me . OR -,M proved to me on the basis of satisfactory evidence
to be the personpQ whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me t~at ~Sh~/t~ executed
the same in ~/her/~Ir. authorized
capacity~). and that by ~her/t!JM:D'
signaturets:)' on the instrument the person~
or the 6'ntity upon behalf of which the
personf'l.. acted, executed the instrument.
"
.~ 1-.~ ... ... ~H~~E~~ ;;IP~~ ~
.. COMM,I10ti9351 I:
. III . NOTARYPUeu:-CAl.F~IA!ll
: :II lOSNalESCOUHTY r
; ~ ~ConmEJjlir8lAUG,11.1999j
L. T'" T T T",...... T T ..,.. ,... ..... ....
WITNESS my hand and official seal.
I kM/(S~NATU{(NOTA.:o/W
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment at this torm,
CAPACITY CLAIMED BY SIGNER
)fJ:JNDIVIDUAL
LJ CORPORATE OFFICER
o ATTORNEY-iN-FACT
!d TRUSTEE(S)
U GUARDIAN/CONSERVATOR
! : OTHER:
"
LJ PARTNER(S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLEISI
j/ :(-
o LIMITED
o GENERAL
?
NUMBER OF PAGES
7to/t?~
DATe! OF 06CUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY{1ES)
/J
,~I- I jJfid-~ 5
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
,
I
I
I
. .
(
CITY OF TEMECULA
BOND NO. 148 41 90
PREMIUM: $18,618.00
SUBDIVISION FAITHFUL'PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and NOR'PH Pr./\7./\ T.r.r
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees
to install and complete certain designated public improvements, which said agreement, dated
, Parcel Map
19_, and identified as -PTGjeGt No. 23496 , is hereby referred
to and made a part hereof; and
WHEREAS, Principal is required under the terms of the agreement to furnish a bond
for the Faithful Performance of the agreement:
Insurance Company
NOW, THEREFORE, we the Principal and of The West as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of $1, 04~84. 80
lawful money of the United States, for the payment of such sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally,
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the 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 3.l1
respects according to this or their true intent and meaning, and shall indemnify and save
agml3\ld.llgmt.s\failhper .bon
I
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agmts\ldagmts\failhper .bon
2
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I
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on
JULY 12 ,19~,
. [SEAL]
S~TY INSURANCEH~OF THE WEST
By, <rJ~.... _ L_
DALE G. HARSHAW, ATTORNEY-IN-FACT
(Name)
(Title)
APPROVED AS TO FORM:
~
PETER THORSON
City Attorney
agmls\ldagmts\faithpcr.bon
. [SEAL]
PRlNC~LLC
By: ' ~""~?~L
' "Robert R. Chambers, M nacrer
(Name)
(Title)
By:
(Name)
(Title)
3
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..-....,....... ."
,." .......,.
. ". . .
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\ )
I
State of California )
County of San Diego )
On July 12. 1996 before me, Sheryl Smith, Notary Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
I
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
. executed the instrument.
WITNESS my hand and official seal.
I @ SHERYL SMITH . I
.-.. COMM,li106047g ()
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STATE OF CALIFORNIA
COUNTY OF
LOS ANGELES
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On JULY 17,1996
personally appeared
, before me,
ROBERT R. CHAMBERS
S.WARE
I
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name~) is~
subscribed to the within instrument and acknowledged to me that he/she/thoy executed the same
in his/herltheir authorized capacity~ and that by his/horltl9cir signature(sj-on the instrument the
person~r the entity upon behalf of which the personW-acted, executed the instrument.
Signature
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I~. Cuo..,:!':irm967
Nolay NllIc - CdIOmIa
tos Angeles CCllIIly
My comm. Expires 5ep 19. lW7
rr-his area for official notarial seal)
I
Title of Document SUBDIVISION FAITHFUL PERFORMANCE BOND
Date of Document 7-12-96 No, of Pages
Other signatures not acknowledged DALE G. HARSHAW
3
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3008 (1/94) (General)
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InsJ.lnce
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Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
.
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: Thai INSURANCE COMPANY OF THE WEST, a California Corporation. doas hereby appoint:
DALE G. HARSHAW
its true and lawful Attorney(s)-in-Fact, with -full power and authority, 10 execute, on behalf of the Company, fidelity and surety bonds, undertakings,
and other conlracts of suretyship of a Similar nature.
This Powe, of Attorney is granted and is signed and ,ealed by facsimile under the authority 01 the fOllowing Resolution adopted by the Board
01 Directors on the 22nd day of November, 1994, which said Re.olution has not be.n amended or reSCinded and of which the following is a
true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice Pr..ident of the Company,
and each of them. is hereby authorjzed to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney 10 execute
on behalf 01 the Company, fidelity and surety bonds. undertakings, or other contracts of suretyship of a similar natura; and to aUach thereto
the seal of the Company; provided however, that the ab.ence of the .ealahall nol aHect the validity of the instrument.
FURTHER RESOLVED, that the signature, of such officers and the seal of the Company, and the signatures of any Witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST he. caused these pre.ents to be .igned by its duly authorized omcora
this 27th day of March 1995.
I
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to tne that he executed the same in his official capacity and that by. his .ignat~re on the instrument the corporation on behalf of which he
acted. executed the instrument.
WITNESS my hand and official .eal.
) ~ . . - . - ~~~ - - 11
I~ @COIN.!'I9S264<l1
-0: Notcuy PubHe.co!.fomla ~
I SAN DIEGO COUIJTV( -
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Yl~-II) HA-J- 1>>
Notary Public
CERTIFICATE:
I, E, Herned Oavis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify thai the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in lull force and effect, and that this cl3rtificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEREOF, I have sub.cribed my name a. Vice President, on this
1996,
12TH
dey of
JULY
I
INSURANCE COMPANY OF THE WEST
f ;h~WJ./ lip;
E. Harned Cavis, Vice President
ICW 37
."
"
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CITY OF TEMECULA
...
BOND NO. 148 41 89
PREMIUM: INCLUDED IN
PERFORMANCE PORTION
SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and NORTH PLAZA LLC
(hereinafter designated as 'lPrincipal") have entered into an agreement whereby principal agrees
to install and complete certain designated public improvements, which said agreement, dated
Parcel Map
, 19_, and identified as-Pfejeet No. 23496 , is hereby referred
to and made a part hereof; and
I
WHEREAS, under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Temecula, to secure the claims to which reference is made in iUe 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California; and
Insurance Company
NOW, TIIEREFORE, we the Principal and of The West as Surety, are held
and firmly bound unto the City of Temecula, California, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 930 . 084 . 0 g,
lawful money of the United States, 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, the
Surety will pay the same in an amount not exceeding the amount set forth,
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
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attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment 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 ~ection 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,
If the condition of this bond is 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 the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way 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.
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IN WITNESS WHE~bF, this instrument has been duly executed by the Principal and
Surety above named, on JULY 12 ~, 19 96
[SEAL]
SURETY
INSURANCE COMPANY OF
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DALE G. HARSHAW, ATTORNEY-IN-FACT
(rille)
BY:
APPROVED AS TO FORM:
fd: JAr ~
PETER M, THORSON
City Attorney
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PRINCIPAL
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(Name)
Manager
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(Name)
(Title)
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COUNTY OF
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LOS ANGELES }
On JULY 17,1996
personally appeared
, before me, S. WARE
ROBERT R.. CHAMBERS
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name~ islate-
subscribed to the within instrument and acknowledged to me that he/sRe/they executed the same
in his/t.lel',ith'iir authorized capacity(-iesj, and that by his/IilEI/tlgeir signature~on the instrument the
person(sjor the entity upon behalf of which the person-(SJacted, executed the instrument.
:::::: my h"'d:~r
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. NotayNlllc-CdlarIICI
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(This area for official notarial seal)
Title of Document
SUBDIVISION LABOR & MATERIALS BOND
Date of Document 7-12-96
Other signatures not acknowledged
No, of Pages
DALE G. HARSHAW
3
3008 (1/94) (General)
First American Title Insurance Company
-, . -,
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State of California )
County of San Diego )
On July 12. 1996 before me, She(}'l Smith. NotaJ:y Puhlic, personally
appeared Dale G, Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of whic).1 the person acted,
executed the instrument.
WITNESS my hand and official seal,
1@_".CSHERYlSMITH 't
U- OMM, #1060479 ('J
, NOTARYPU~IA (/I
l3" SAN DIE90 CO ('J
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Insurance
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Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
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POWER OF ATTORNEY
KNOW ALL MEN BY TtiESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporalion, does hereby appo;nl:
DALE G. HARSHAW
its true and lawful Attorney(s)-in-Fact. with lull power and authority. to execute. on behalf of the Company. fidelity and surety bonds, undertakings.
and other contracts of suretyship of a Similar nalUr..
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Aesolution adopted by the Board
of Oir.ctors on the 22nd day of November. 1994. which said Aesolution has not be.n amended or rescinded and 01 which the following is 8
true copy:
"RESOLVED, thai the Chairman of the Board. the President, an Executive Vice President or 8 Senior Vice Pr..ident of the Company,
and each of them, is hereby authorized to ellecute Powers of Attorney qualifying the attorney named in the gjven Power of Altorney to ell8cute
on behalf of the Company, fidelity and surety bonds. undertakings, or other contracts of suretyship 01 a similar nature; and to attach thereto
the seal 01 the Company; provided however, that the absence 01 the seal shall not affect the validity of the instrument.
FURTHER RESOLVED. that the sIgnatures 01 such officers and the seal of the Company, and the signatures of any Witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affilled by facsimile:
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 27th day of March 1995,
I
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum. Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
10 me that he executed the same in his official capacity and that by. his signat~re on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and official seal.
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I "0 Notary Plbllc<:O!.ifomla ~
J SAN DIEGO COUNTY (-
_. . . _:C~:'~OI_~ ~.1~_
Y1~) iiffLAJ
Notary Public
CERTIFICATE:
I. E. Harned Davis. V;ce Presldenf of INSURANCE COMPANY OF THE WEST. do hereby cermy that the original POWER OF ATTORNEY,
of which the fOfegoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on Ihi~
1996,
12TH
day of
JULY
I
INSURANCE COMPANY OF THE WEST
f ~~I (/11I;
E. Harned Davis, Vice President
ICW 37
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CITY OF TEl\1ECULA .
BOND NO. 148 41 91
PREMIUM: $245.00
SUBDIVISION MONUMENT BOND
WHEREAS, The City of Temecula, State of California, and NORTH PLAZA, LLC
(hereinafter designated as Principal") have entered into an agreement whereby Principal has
presented to the City for itS approval a Final Subdivision Map, which Map carries the Engineer's
or Surveyor's certificate that the monuments will be set on or before a specified later date,
which said Agreement dated , 19_, 'and identified as I*"~ parcel map
No. 2349 , is hereby referred to and made a part hereof; and
I
WHEREAS, said Principal shall insure the setting of monuments and to guarantee
payment to the Engineer or Surveyor for setting such monuments in said Subdivision, and as a
prerequisite to the approval of said Final Subdivision Map; and
- Insurance Company of
NOW, THEREFORE, we the Principal and the West as Surety,
are held and frrmly bound unto the City of Temecula, California in the penal sum of
$ 9.804.00 , lawful money of the United States, for the payment of such sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, . .
The condition of this obligation is such that the obligation shall become null and void
if the above-bounded Principal, his or its heirs, executors, administrators, successors, or
assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants,
conditions, and provisions in the 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 his or their true intent and meaning and shall
indemnify and save harmless the CitY' of Temecula, its officers, agents, and employees, as
therein stipulated; otherwise, this obligation 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 in successfully enforcin9 such obligaJion, all to
be taxed as costs and included in any judgment rendered,
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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 any way affect its obligations on this bond. and
it does hereby waive notice of any such change, extension of time. alteration or addition to
the terlns 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 JULY 12 , 19~,
[SEALl
[SEAL)
SURETY INSURANCE COMPANY OF
THE WEST
PRINCIPAL
NORTH PLAZA LLC
~~ f!-:vj? JU
(Name)
DALE G. HARSHAW, ATTORNEY-tN-FACT
(Title)
7~
MrlnFlqPT
. (Title)
BY:
(Name)
(Title)
APPROVED AS TO FORM:
fu4l~
PETER M, THORSON
City Attorney
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STATE OF CALIFORNIA
COUNTY OF
LOS ANGELES
}
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}
On JULY 17,1996
personally appeared
, before me,
S.WARE
ROBERT R. CHAMBERS
I
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(8}whose name~ is/-aI=e-
subscribed to the within instrument and acknowledged to me that hel8Rll/tl1ey executed the same
in his/i:lor,'tReir authorized capacity(iesf, and that by his/hClF,(thoir signature(ej on the instrument the
person(s}-or the entity upon behalf of which the person{etacted, executed the instrument.
Signature
@ S.WN/f.
- COIm1IIllon , llX12\J1\1
Notay P\dllIc - CCiIIlomICI
La. Angeles t.OlI1ly
'-'v COmm F.xpil9S 5ep 19. 1997
(This area for official notarial seal)
I
Title of Document
SUBDIVISION MONUMENT BOND
Date of Document 7-12-96
Other signatures not acknowledged
No. of Pages
DALE G. HARSHAW
2
3008 (1/94) (General)
I
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State of California )
County of San Diego )
On July 12. 1996 before me, Sheryl Smith, Notary Puhlic, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
I@.SHERYLSMITH. I
~'.. COMM i1b60479 I'l
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nsu.'ance ompany 0 e est
HOME OFFICE: SAN DIEGO. CALIFORNIA
)
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, doas hareby appoinl:
DALE G. HARSHAW
its true and lawful Attorney(s)-jn-Fact, with 'full power and authority. to execute. ~n behalf of tn. Company, fidelity and surety bonds. undertakings.
and other contracts of suretyship of a SImIlar nature.
This Power of Attorney is granted and is signed and ...Ied by facsimile under the authority of the following Aesolution adopted by the Board
of Directors on the 22nd day of November, 1994, which said Aesolution has nol ba.n amended or rescinded and of which the following is a
true copy:
"RESOLVED. that the Chairman of the Board, the President, an ExecuUva Vice President or a Senior Vice President of the Company,
and each of them. is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power 01 Attorney to eXecute
on behall 01 the Company, fidelity and lurety bonds, undertakingl, or oth.r contractl of luretYlhip of a limilar nature; and to attach thereto
the seal of the Company; provided hewever,;that the ablence ef the leallhall not allect the validity 01 the instrument.
FURTHER RESOLVED. that the signatures of such ollicers and the seal of the Company, and the signatures of any Witnesses, the
signetures and seal of any notary. and the signatures at any otticers certifyi,:,O the validity of the Power of Attorney, may be aHixed by facsimile,'
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has oauaad lhasa prasents to be signed by its duly authorized omcors
th;s 27th day 01 March 1995.
I
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally know,:, to me to be the individual and oHlcer who executed the within instrument, and acknowledged
10 me that he executed Ihe same in his offi<?ial capacity and that by, his lignat~re on the instrument the corporation on behalf of which he
acted. executed the instrument.
WITNESS my hand and official leal.
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j @o No"~;;>~~:;U~~fomla f
I SAN DIEGO COUNTY (-
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Notary Public
CERTIFICATE:
I. E, Harned Davis, Vice President of INSURANCE COMPANY OF THE WeST, do heraby certify that the orig;nal POWER ,OF ATTORNEY,
of which the foregoing is 8 true copy, is still in full forca and effect. and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEReOF, I heve subscrlbad my nama as Vlca Presidant, on this
1996.
12TH
day of
JULY
I
INSU;C:;MPANY OF T~jWEST
, lfCL-tUi.l..l f(JIk)
E. Harned Davis, Vice President
ICW 37
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CITY OF TEMECULA
TRAFFIC SIGNAL MITIGATION BOND
Tract No,
141 41 92
Bond No,
Parcel Map No,
23496
Premium $3,659.00
Surety INSURANCE COMPANY OF THE WESPrincipal NORTH PLAZA LLC
Address 5725 Kearny Villa Rd.
San Diego, CA 92123
29400 Rancho California Road
Address
Temecu1a, CA
92591
City
City
WHEREAS. the City Council of City of Temecula, County of Riverside, State of
California. and NORTH PLAZA LLC (herein designated as
"Principal") have entered into the attached agreement whereby the principal, recognizing the
impact of his development on existing street and highway facilities, has agreed as a condition
of approval of the ;map to mitigate the impact of the development by payment to the City of
a sum of money to be used for mitigation of such impact; and,
WHEREAS. principal wishes to defer the payment of the sum. and is required under the
terms of said agreement to furnish ~ecurity to guarantee the payment .Qf the traffic signal
mitigation.
NOW. therefore, we, the principal and Insurance Company of the West as
surety, are held and firmly bound unto the Ci,ty of Temecul~, in the 8enA'8!lum
of one hundred fifty seven thousand n1ne hundred I1fty & u/& IYars
($ 157,950.00 )lawful money of the United States, foethe payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly these presel)ts,
The condition of this obligation is such that if the above bonded principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, provisions in the said agreement and any alteration thereof made as therein provided, on
his or their part, to be kept and performed according to their true intent and meaning, and shall
indemnify and save harmless the City of Temecula, its officers".agents and employees, as
therein stipulated, then this obligation shail become null and void; otherwise it shall be and
remain in full force and effect,
agrnts \ldagmts\sgnalmit. bon
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
}
}ss,
}
On JULY 17,1996
personally appeared
. before me, s. WARE
ROBERT R. CHAMBERS
I
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(el whose name~ islat:e-
subscribed to the within instrument and acknowledged to me that he/~l:ie/tl9c;y executed the same
in his/her/their authorized capacity~ and that by hiS/her/their signature~ on the instrument the
person(s}or the entity upon behalf of which the person,(s} acted, executed the instrument.
WITNESS my hand and official seal
fI S.WARE
- CommIlIIon . 11112957
J Nolay lWIc - <:aIlomIa
Los I\ngGles CCMIy
My Comm, Expire. Ssp 19. 1997
Signature
(This area for official notarial seal)
I
Title of Document
Date of Document
Other signatures not acknowledged .
TRAFFIC SIGNAL MITIGATION BOND
7-12-96
No. of Pages
DALE G. HARSHAW
2
I=ir<:'t Arn"'~;"...... T;'I~ ,__..___~_ ""___.__
3009 (1/94) (General)
I
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"
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 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 shall in any way affect its obligation on this bond,
,
and if ooes hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the agreement, Surety further stipulates and agrees that the provisions of
Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations
hereunder and are hereby waived by the Surety,
When the required payment covered by the Agreement is made, the City of Temecula
will there upon release the obligation of this bond,
In witness thereof, this instrument has been duly executed by the principal and surety
above named, on JULY 12 ,19 96
NAME OF PRINCIPAL:
NORTH PLAZA, a Limited Liability Company
29400 Rancho California Road Temecula,
Robert R. Chambers, Manager
CA
92591
AUTHORIZED SIGNATURE(S):
./~~~
~obert R. Chambers, Mager
Title
Title
Title
[SEAL]
NAME OF SURETY: INSURANCE COMPANY OF THE WEST
AUTHORIZED SIGNATURE: ~~0. ~,...--t----
D E G. HARSHAw. ATTORNEY-IN-FACT
agmtslldagmtslsgn'lmit. bon
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,
State of California )
County of San Diego )
On July 12. 1996 before me, Shel:}'l Smith. Notal:}' Public, personally
appeared Dale G, Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
1@"SHERYlSMITH'1
-" COMM, #1060479 0
o IlClTAR'IP\JBl.IC-CI,\~1A III
'" .,; NDIE90CO N. !1
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.1 " JUNE 4, 1999
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Insurance Company. of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
,
I
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: Thai INSURANCE COMPANY OF THE WEST, I Camorn;a Corporation. doe. hlreby appoint
DALE G. HARSHAW
its true and lawful Attorney(sHn.Fact. with1ull power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings,
and other contracts of suretyship of a SImilar nalur..
This Power of Attorney is granted and is signed and ,e.led by facsimile under the authority of the following Resolution adopted by the Board
of Direclors on the 22nd day of November, 1994. which said Re.clution has not be.n amended or rescinded and of which the tollowing is a
true copy:
"RESOLVED, that the Chairman of the Board, the President, an EX8CUUV8 Vice President or a Senior Vice Presidenl of the Company,
and each of them. is hereby authorized to execute Powers of Attorney qualifying the attorney named In Ihe given Power of Atlorney 10 execute
on behalf of the Company, fidelily and surety bond.. undertaking., or other contract. 0' .ur.tyship of . similar nalure; and to attach thereto
the seal 0' the Company; provided however, that the aba.nce of the .eal .hall nol affect the validity of the instrument
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any Witnesses, the
signatures and seal of any notary, and the signalures of any officers certifying the validity 0' Ihe Power of Anorney, may be affixed by facsimile.-
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused Ihase pre..nls 10 be signed by ns duly euthorized omcars
Ih;s 27th day of March 1995,
I
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
March 27th, 1995
On this before me personally appeared John l. Hannum, Senior Vice President 0' INSURANCE
COMPANY OF THE WEST. personally known 10 me to be the individual and officer who executed the wilhin instrument, and acknowledged
to me that he execuled the same in his official capacily and that by. his signat~re on the instrumenl Ihe corporation on behalt 01 which he
acted, executed the instrument
WITNESS my hand and offjcial seal.
r"---~~~~"t
~ @ COMM,I9S2644 &
I -.. Notmy PubUC-Calfom'a f:
J SAN DIEGO COUNTY f
_ _ y _ y:C~~.~~~ 1~.1~_
y/{)))ff}f.IJ) Hxli>>
Notary Public
CERTIFICATE:
I. E. Harned DIvis, Vice Presidenl of INSURANCE COMPANY OF THE WEST, do hereby cartify that Ihe originll POWER OF ATTORNEY,
ot which the foregoing is a Irue copy, is still In 'ull 'orce and effect, and that this certificate may be signed by facsimile under the authority
of tile -above quoted resolulion.
IN WITNESS WHEREOF, , have aUble,ibed my name as Vice Pfasidenl, on this
1996,
12TH
day of
JULY
I
INSURANCE COMPANY OF THE WEST
f ~f4.l (/kJ
E. Harned Davis. Vice Presidenl
ICW 37
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AN EMPLOYEE OWNED COMPANY
JDhn Burnham
IR CDlnpang
!!/II",!!!: '<7"".""_
CA LICENSE 0099753
610 WEST ASH STREET SAN DIEGO. CA 92101-3381 TELEPHONE 619-231-1010
July 16, 1996
Mr. Bob Chambers
NORTH PLAZA LLC
29400 Rancho California Road
Temecula, CA 92591
RE: BOND NO. 141 41 92
RIDER FOR TRAFFIC SIGNAL MITIGATION BOND PARCEL MAP
NO. 23496
Dear Bob:
Enclosed is an original rider issued to change the bond number for the original bond
from 14114 92 to 14841 92, Once signed by North Plaza LLC as Principal, the rider
should be forwarded to the City of Temecula so that it may be attached to the original
bond,
If you have any questions please call me at 525-2707,
Sincerely,
~
Kimberly
Account Representative
/sel
Enclosures
I
I
I
('
RIDER
TO BE A'l"1'AClIl!:D TO AND F01UI PART OF BOND NO.
PRINCIPAL North Plaza LLC
141 41 92
AMOQNr $157,950.00
IN FAVOR 017
The City of Temecula
IT IS AGRBBD THAT.
The bond number ~s hereby changed from 141 41 92 to 148 41 92.
"'
'l'HIS RIDER :IS EFFECT:I:VE
7/12/96
OF TIlE WEST
.
General uee Rider
:ICW CAL 384
( ')
( .J
I
State of California )
County of San Diego )
On July 16. 1996 before me, Sheryl Smith, Notary Public, personally
appeared Jack G. Lupien, personally known to me to be the person whose
I
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. .
0~
, SHERYL SMITH 1
@"COMM'#1060479Cl
o NQTA~YO~~~W~~IA ~
lIIu. ~commls.~EXPlres \
' . .." JUNE 4, 1999
, ..
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Insurance
I )
Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
I
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
JACK G. LUPIEN
its true and lawful Altorney(sHn-Fact. with fuU power and authority, to execute. on behal.' of the Company, fidelity and surety bonds. undertakings.
and other contracts ot suretyship at a similar nature.
This Power 01 Attorney is granted and is signed and sealed by facsimile under the authority of the 'ollowing Resolution adopted by the Board
of Directors on the 22nd day at November. 1994, which said Resolution has not been amended or rescinded and of which the following is a
true copy:
"RESOLVED, that the Chairman 01 the Board, the President. an ExecuUve Vice President or a Senior Vice President of the Company,
and e8ch of them, is hereby authorized to execute Powers of Attorney qualifying the ettorney named in the given Power 01 Attorney to execute
on behalf 01 the Company. fidelity and surely bonds. undertakings. or other contracts of suretyship of a similar nature; and to attach thereto
the seal of the Company; provided however, that the absence of the s8al shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such oHicars and the seal 01 the Company. and the signatures of any wilnesses, the
signatures and s8a1 of any notary. and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.-
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
thiS 27th dey of March 1995,
I
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President ot INSURANCE
COMPANY OF THE WEST. personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and thai by his signature on the instrument Ihe corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and official seal.
[-:o-~... ~P~RT:R. . Of
i Q COMM.I'I521>44 l
t ."0 Notary Publfc.CcHfornla E
, SAN DIEGO COUWY (
J _ _ _ . ~.~:,~xp~es:~ ~~,1~6_
YlMAY V [1tz:v
Notary Public
CERTIFICATE:
I, E, Herned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby cer1;fy thaI the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
I
IN WITNESS WHEREOF,
July
have subscribed my name as Vice President, on this
1996,
16th
dey of
INSURANCE COMPANY OF TH WEST
7 i-dW-4/
E. Harned Davis, VtC6 President
ICW 37