HomeMy WebLinkAboutRES NO 093-01RESOLUTION NO. Q 9 3- U 1
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 425 LOCATED NORTH
OF REINA ROAD TO SNOW ROAD, BETWEEN JEWETTA
AVENUE AND ALLEN ROAD. (WARD 4)
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on the prezoning
for the territory, notice of the time and place of hearing having been given at least twenty (20)
calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, by Resolution No. 110 -97 on December 18, 1997, the Planning
Commission recommended approval and adoption of the prezoning by this Council and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the City of Bakersfield desires to propose a change of organization,
to wit, the annexation to the City of Bakersfield of the hereinafter - described territory, pursuant to
Section 56654 of the Government Code of the State of California; and
WHEREAS, the proposed annexation territory is within and consistent with the
City of Bakersfield Sphere of Influence boundary; and
WHEREAS, the property owner has agreed to annex to the City; and
WHEREAS, the City has agreed to serve the property upon annexation; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
that it hereby finds and determines as follows:
1. That the City of Bakersfield hereby proposes the annexation to the City of
Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" attached hereto
and made a part of this resolution as though fully set forth herein, located north of Reina Road,
between Jewetta Avenue and Allen Road.
2. That a plan for providing services within the affected territory of the proposed
annexation, in accordance with the provisions of Section 56653 of the Government Code, is
marked as Exhibit "C ", attached hereto and made a part hereof as though fully set forth herein.
3. That this proposal for change of organization, to wit, annexation, is made
pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, and it
is requested that proceedings be authorized for annexation in accordance therewith.
4. That the reasons for the proposed change of organization are that the owners
of the affected territory desire to receive municipal services from the City of Bakersfieldy.0hbh46'D
` pro
City desires to receive tax revenues for benefits given and to be given to the territory posed
to be annexed. 5
5. That for this proposed annexation and the prezoning therefor, Ordinance No.
3819, which was adopted January 28, 1998, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment. A
Negative Declaration was prepared and posted on November 7, 1997.
6. That the laws and regulations relating to the preparation and adoption of the
environmental document as set forth in the California Environmental Quality Act have been duly
followed.
7. That the territory proposed for annexation as described herein has been
determined to be uninhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been
determined to have one hundred percent (100 %) consent to annexation.
9. That the territory proposed for annexation as described herein is within the
City of Bakersfield Sphere of Influence Boundary.
10. That the property owner shall, prior to the completion of the annexation,
obtain approval from the County for a lot line adjustment or other approval necessary to create
a legal addition of property to the territory to be annexed.
11. That the names of the officers of the City of Bakersfield who are to be
furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of
Hearing, if any, are:
Pamela A. McCarthy
City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Bart Thiltgen
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
11. That the appropriate City officials shall file ten (10) copies of this Resolution,
with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern
County at 2700 "M" Street, Suite 302, Bakersfield, California 93301.
PA
IN"
---------000--- -----
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
JUN 2 7 7001 , by the following vote:
YE
NOES:
ABSTAIN:
SEE
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, *10#48W SULLIVAN, SALVAGGIO
CITY CLERK and Ex Officio Cl ®r c of the
Council of the City of Bakersfield
JUN 2 7 2001
HARVEY L. HALL
MAYOR of the City of
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
MUMAN"I-
WIN W
MO:pah
June 28.2001
S: WmxaOonWdN625.ROA.wpd
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EXHIBIT "A"
"REINA NO. 3"
ANNEXATION NO. 425
(182.33 TOTAL AC.)
Those two (2) separate "single areas" being portions of Section 12, Township 29 South, Range
26 East, M.D.M., County of Kern, State of California, comprising 182.33 total acres, more
particularly described as follows:
Area No. 1
Commencing at the south 1/4 corner of said Section 12, also being the point of intersection of the
center lines of Reina Road (Co. Rd. No. 715) and Old Farm Road (Co. Rd. No. 715, said point
being a monumented 1/4 corner and calculated to be 2,338,346.003 feet North and 6,222,972.872
feet East per California Coordinate System (N.A.D. 83), Zone 5;
Thence N 89° 16' 59" W, along the south line of said Section 12, a distance of 1320.14 feet to
intersect the west line of Parcel 10 of Parcel Map No. 9826 filed in Book 44 of Parcel Maps,
Page 132 in the Office of the Kern County Recorder;
Thence N 00° 46' 58" E, along the west line of said Parcel 10, a distance of 30.00 feet to a point
on the north line of Reina Road, said point also being on the existing corporate boundary line of
the City of Bakersfield and is the TRUE POINT OF BEGINNING;
Thence (1) continuing N 00° 46' 58" E, along the west line of said Parcel 10, a distance of
1291.55 feet to the northwest corner thereof,
Thence (2) N 89° 17'41 " W, along the south line of Parcel 8 of said Parcel Map No. 9826, a
distance of 1291.13 feet to intersect the east right of way line of Allen Road (Co. Rd. No. 67 &
843);
Thence (3) N 00° 44'23" E, along said east right of way line, 641.29 feet to intersect the south
boundary line of Tract No. 5831 - Unit I per map filed in Book 45 of Maps, page 117 in the
Office of the Kern County Recorder;
Thence along the exterior boundary of said Tract No. 5831 - Unit 1 for courses (4) through (11)
as follows:
GAGROUPDAI�Ron \Reins No 3 Exhibit A -I-
4TH
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Thence (4) S 89° 18'22" E, 1290.48 feet;
Thence (5) N 00° 41'38" E, 310.00 feet;
Thence (6) S 89° 18'22" E, 83.00 feet;
Thence (7) N 00° 41'38" E, 85.36 feet;
Thence (8) N 44° 35' 18" E, 46.63 feet to a point on a 50.00 foot radius non - tangent curve,
concave easterly, to which point a radial line bears S 44° 35' 18" W;
Thence (9) northerly along said curve through a central angle of 92° 12'39" an arc distance of
80.47 feet;
Thence (10) N 43° 12'02" W, 46.63 feet;
Thence (11) N 00° 41'38" E, 115.36 feet to intersect the south right of way line of Olive Drive
(Co. Rd. No. 67);
Thence (12) S 89° 18'22" E, along said south right of way line, 1211.25 feet to intersect the west
right of way line of said Old Farm Road;
Thence (13) S 00° 49'33" W, along said west right of way line, 2583.62 feet intersect the north
right of way line of said Reina Road, also being a point on the existing corporate boundary line
of the City of Bakersfield;
Thence (14) N 89° 16'59" W, along said right of way line and corporate boundary line, 1290.16
feet to the TRUE POINT OF BEGINNING.
Containing 94.90 acres (more or less)
Area No. 2
Commencing at the northeast corner of said Section 12, also being the point of intersection of the
center lines of Jewetta Avenue (Co. Rd. No. 67 & 366) and Snow Road (Co. Rd. No. 843), said
point being a monumented section comer and calculated to be 2,343,601.754 feet North and
6,225,688.684 feet East per California Coordinate System (N.A.D. 83), Zone 5;
Thence S 00° 49'45" W, along the east line of said Section 12, a distance of 1689.83 feet to
intersect the north boundary line of Tract No. 5829 - Unit 1 per map filed in Book 45 of Maps,
page 43 in the Office of the Kern County Recorder;
GAGR0UPDAi1Ron\Reim No 3 Exhibit A -2-
Thence N 89° 18'22" W, along said north boundary line, 30.00 feet to intersect the west right of
way line of said Jewetta Avenue, said point also being on the existing corporate boundary line of
the City of Bakersfield and is the TRUE POINT OF BEGINNING;
Thence (1) continuing N 89° 18'22" W, along said tract boundary line, 1289.82 feet to intersect
the east line of Parcel 3 of said Parcel Map No. 9826;
Thence (2) N 00° 49' 39" E, along the east line of said Parcel 3, a distance of 367.51 feet to the
northeast comer thereof;
Thence (3) N 89° 18'08" W, along the north line of said Parcel 3, a distance of 1289.83 feet to
intersect the east right of way line of said Old Farm Road;
Thence (4) N 00° 49' 33" E, along said east right of way line, 1292.61 feet to intersect the south
right of way line of said Snow Road;
Thence (5) S 89° 17' 53" E, along said south right of way line, 2579.74 feet to intersect the west
right of way line of said Jewetta Avenue, said point also being on the existing corporate
boundary line of the City of Bakersfield;
Thence (6) S 00° 49'45" W, along said west right of way line and corporate boundary line,
1659.83 feet to the TRUE POINT OF BEGINNING.
Containing 87.43 acres (more or less)
GAGROUPDATRonaeim No 3 Exhibit A -3'
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NOTE:
rota/Area °REINA NO. 3° EXHIBIT "B"
= 182.33 Ac. ANNEXATION NO. 425
RECORDED IS_ CITY OF BAKERSFIELD f'
IN ROOK AT IAOf CALIFORNIA
x.. OM
OFFICIAL RECORDS OF
KERN COUNTY. CALIFORNIA ENGINEERING DEPARTMENT mucti D
ANNEXATION NO. 425
(REINA NO. 3)
PLAN FOR PROVIDING SERVICES
SERVICES
Agency Which Presently Provides
Check Services Which City/District
Indicate How Services Provided By
Service
Will Provide
Upon Future Date
Annexation s eci
City/District will be Financed (i.e.,
general tax rate or special assessment.)
Planning
COUNTY
CITY
GENERAL TAX REVENUES
Parks and Recreation
NORTH BAKERSFIELD
RECREATION & PARK DIST.
GENERAL TAX REVENUES
Library
COUNTY
N/A
Police Protection
SHERIFF & HIGHWAY PATROL
CITY
GENERAL TAX REVENUES
Fire Protection
COUNTY
COUNTY (SEE PAGE 2)
GENERAL TAX REVENUES, FIRE
FUND
Street
COUNTY
CITY
GENERAL AND GAS TAX
REVENUES
Construction
BY PRIVATE DEVELOPMENT
Maintenance
COUNTY
CITY
GENERAL AND GAS TAX
REVENUES
Sweeping
CITY
GENERAL AND GAS TAX
REVENUES
Lighting
CITY
GENERAL TAX REVENUES
Flood Control
COUNTY
CITY
GENERAL TAX REVENUES
Sewerage
NORTH OF THE RIVER
SANITARY DISTRICT
USER FEE & PRVT. DVMT.
Water
VAUGHN WATER SERVICE CO.
USER FEE
Other FUSE
PRIVATE
CITY
USER FEE
G: \GROUPDA7 Vegal\200 MAMX425
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EXHIBIT "C"
m
1. Please provide the following information, when applicable, only for service which will be provided by the applicant city.
Location Service Level Capacity
Indicate location from which service Indicate frequency and availability
will be provided (i.e. nearest fire of service (i.e., street sweeping,
station, library, etc.) response time for emergency services,
?7;
POLICE -All police services in the City of Bakersfield are administered through the City 24 hour patrol is provided in the immediate vicinity of this
Police Department located at the s/w corner of Tnu tun Avenue and Eye Street annexation. First priority response is approximately 7.00
approximately 8 miles southeast of the annexation areas. minutes or less.
FIRE- Service to Area 1 will be provided by County Station No. 65 located at the
Northeast comer of Calloway Drive and Rosedale Highway and Area 2 will be served by
County Station No. 61 located at the southeast comer of Fmitvale Avenue and Norris
Road pursuant to exchange wherein County protects certain property within the City's
jurisdiction. Thus, the City does incur the cost of providing fire protection and the fire
fund collected from the City's taxpayers must be transferred to the County.
PARKS AND RECREATION - The annexation project is within the jurisdiction of the
North Bakersfield Recreation and Park District and is subject to all adopted requirements
and standards of the district.
LIBRARY -N /A
STREETS -The City Corporation yard on Tmxtun Avenue west Fwy. 99 will provide
necessary facilities, personnel and services to accommodate Public Works efforts.
CONSTRUCTION / MAINTENANCE /SWEEPING/LIGHTBNG- Maintenance and
personnel will be dispatched from the City Yard on a regular basis for preventative
maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and
lighting when located within the City's right of way.
SEWER -The areas have access to the existing City trunk sewer line in Jewetta Avenue at
Reina Road which was constructed as part of the City's northerly extension of the
"Judkins" trunk sewer system and is directed to City Wastewater Treatment Plant No. 3.
WATER -The areas are being served by the Vaughn Water Service Company and no
change will occur upon annexation.
OTHER - (Refuse) -When annexed, service will be provided by the City either by City
forces or by contracts with a franchise refuse collector.
Fire protection is provided on a 24 -hour basis. The annexation
will not affect City or County Fire service capability or response
time.
Existing neighborhood Parks (City and County) are open to the
public at reasonable hours.
VIM
There will be no reduction in the range capacity of the City to
provide the necessary public work services to this area.
Services will be on a regular basis and "as needed ".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
III. What effects, if any, would annexation of this territory have on the existing level of city/district services (i.e.,
need for additional emergency service personnel or construction of new facilities, etc)? The annexation of
IV. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire
hvdrants. mains, etc.): If so, would city/district or residents be responsible for financing? Private
V
Indicate and explain existing zoning in affected territory. The major portion of both Area l ana Area z are
portion of Area 2 is zoned County R -1 (Low Density Residential) Zone and County A Zone. (See Zoning
Map on Page 4).
Vl. Indicate and explain proposed prezoning in area. (List effects on present land use that would occur as a
result of annexation such as maintenance of livestock on property, etc.) The City prezoned the corresponding
VII. List city/district services that area will directly or indirectly benefit from such as decrease in fire insurance
rate, shorter emergency response time, use of community facilities, etc. City Police should be able to respond
in a more timely manner than present County Sheriff services The present City refuse collection rate is
residents within the corporate limits.
A. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing tax rate in the areas epuals 1.104910
of the areas will accrue to the City and remainder to the County for providing health care and social services.
(Rate as shown on 2000 -2001 County Auditor - Controller Tax Rate List).
B. Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No, the last
C. How will the difference in tax rates affect a property with a market value of $50,000.00?
The property rate will not increase due to annexation and re- assessment will not occur due to annexation.
Y �,s.rir fi
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SCC Moo I0/ - 02
CITY OF 13AKERSFIELD
ZONING MAP 101 -12
SEC. 12 T 29 S. R. 26 E.
LEGEND
C111 LIMIT BOUNDARY
ZONE DISTRICT BOUNDARY
0 SCHOOLS
E PUBLIC PARKS
.1f
.[NO[xM4 WMNI IOME
R'S -I.
AM':CE.Y A[ SUBUMUNK ZONE ACA, MIMIYVY LOT AM,, EMC
M'S 25A
RESHMTIAL SUBURBAN IT" AM ONE-HALF ACRE
co..NSM
MINIMUM LOT SIZE' ZONE
R'S'5A
RESIDENTIAL SUBURBAN MVE ACRE MINIMUM LOT S12C1
R'S'IDA
RESIDENTIAL SUBURBAN (TEN MORE MINIMUM LOT SIZE)
A.I
ME FAMILY DWELLING ZONE
R2
LIMITED MULTIPLE FAMILY DWELLING ZONE
11-1 t 25OO M M W w . —I
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LIMITED MULTIPLE FAMILY DWELLING ZONE
CNµOG K.RTUAL1IF
(II KlI ILOG 1111 .1 MI eI..I
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MULTIPLE FAMILY DWELLING ZONE
TO. RRR.
(IOni 11.00 A. 11 .I MI .InI
P U 0
PLANNEO UNIT OEVELOMENI ZONE
IN
RESIDENTIAL HOLDING ZONE
C'0
COMMERCIAL AND PROFESSIONAL OFFICE ZONE
CI
LIMITED COMMERCIAL ZONE
C -2
COMMERCIAL ZONE
CC
CIVIC CENTER ZONE
PC.O
PLANNED COMMERCIAL DEVELOPMENT ZONE
LIGHT MANUFACTURING ZONE
M'Z
"KRAL MANUFACTURING ZONE
05
OPEN SPACE
RE
RECREATION ZONE
A
AGRI MAKE
NE
A'a"
AGRICULTURAL (TWENTY ACRE MINIMUM LOT SIZE ZONE
A
AUTOMOBILE PARKING ZONE
C.
C.URCH ZONE
NDSP
HOSPITAL ZONE
0
ARCHITECTURAL DESIGN ZONE
AD
MCHITECTURAL DESIGN ZONE
AA
AIRPORT APPROACH IONE
FP 'P
FLOODPLATN PRIMARY- ZONE
FP 'S
FLOODPLAIN SECONDARY ZONE
N
OIL WELL IONIC
TT
TRAVEL TRAILER PARK ZONE
MN
_
MOBILE NOME ZONE
E
ESTATE ONE FAMILY DWELLING ZONE
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Original Records Transferred to the City Clerk, City of Bakersfield by the
Kern County Clerk of the Board of Supervisors on June 18, 2002
RE: Change of Jurisdiction for Tract 5829, Units 1 and 2, and Tract 5831, Unit 2
Tract 5829 — Unit 1
Subdivision Improvement Agreement dated August 21, 1999
Certificate of Liability Insurance dated August 19, 1999
Improvement Security for Faithful Performance dated August 31, 1999
Security for Laborers and Materialmen dated August 31, 1999
Agreement for completion of Subdivision Monumentation and payment of
cost thereof dated August 31, 1999
Bond No. 6017875to Secure Subdivision Monumentation and Payment of
Cost Thereof dated August 19, 1999
Tract 5829 — Unit 2
Subdivision Improvement Agreement dated July 3, 2001
Exhibit A Plan or Map 4356 — dated May 31, 2001
Exhibit B, C, D, E
Certificate of Liability Insurance dated June 28, 2001
Improvement Security for Faithful Performance dated July 3, 2001
Security for Laborers and Materialmen dated July 3, 2001
Agreement for Completion of Subdivision Monumentation and Payment of
Cost Thereof dated July 3, 2001
Bond No. 6092482 to Secure Subdivision Monumentation dated June 20,
2001
Tract 5831 — Unit 2
Subdivision Improvement Agreement dated August 21, 2001
Exhibit A, Plan of Map k 367 dated August 16, 2001
Exhibit B, C, D, and E
Certificate of Liability Insurance dated August 13, 2001
Improvement Security for Faithful Performance dated August 21, 2001
Security for Laborers and Materialmen dated August 21, 2001
Agreement for Completion of Subdivision Monumentation and Payment of
Cost Thereof dated August 21, 2001
Bond No. 6123504 to Secure Subdivision Monumentation dated August 14,
2001
ACKNOWLEDGEMENT OF RECEIPT
I, Pamela McCarthy, City Clerk, City of Bakersfield, do hereby acknowledge that the Kem County Clerk of the Board delivered the
original documents referenced above to the City of Bakersfield, City Cler ' Office on Wednesday, June 18, 2002.
�_ f
Date Pamela McCarthy, City Clerk, City Bakersfield
p d�f/n J- Qe�--
I)bte ATTEST: DeputZVerk, Clerk of the Board
sv�aysrrtuvn. sezv -r..o sn� r,.�h, m=
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5829, UNIT TWO
THIS AGREEMENT, made and entered into this .3,d- day of Swl� ,20 ° 11 , by and
between the COUNTY OF KERN, a political subdivision of the State of California, herein called
"County ", and (VftE NOMES�Nevads " Tavfee�k'f herein called "Subdivider ",
WITNESSETH:
WHEREAS:
(a) Subdivider proposes to develop and subdivide a tract of land in the County of Kern
under the Subdivision Map Act (Government Code Sections 66410 at seq., sometimes referred to
herein as "Map Act ") and under the Land Division Ordinance of the County of Kern (Kern County
Ordinance Code Section 18.05 at seq., sometimes referred to herein as "Ordinance "), and the Kern
County Development Standards, latest edition, (sometimes referred to herein as "Standards "); and
(b) The tentative map of said tract has been approved by the Board of Supervisors of Kern
County, subject to those conditions, variances or limited exceptions therein mentioned; and
(c) The Subdivider has submitted the final map of said tract to the Board of Supervisors
(referred to herein as "Board ") for approval, and desires to enter into an agreement with the County
for completion of all improvement work required to be done by the Subdivider under the provisions
of the Ordinance and the Standards.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
EFFECTIVE DATE:
This agreement shall be effective concurrently with approval of the final map of said
tract by the Board.
2. SUBDIVIDER TO COMPLETE IMPROVEMENT WORK:
(1) Subdivider agrees to faithfully, properly, and fully construct and complete all the
improvement work (referred to herein as the "work" or the "improvements" or the "improvement
work "), at its sole expense, in accordance with good engineering practices and in a good and
workmanlike manner, all according to the general conditions, specifications, plans and profiles
attached to this agreement and incorporated herein by reference, and which are identified as follows:
Exhibit A - Street Plan
Exhibit B - Special Provisions and /or Conditions
Exhibit C - Water Plan
Exhibit D - Specifications and Conditions for Water System
Exhibit E - Sewer Plan
County agrees to accept, subject to improvements and completion as herein provided, the
following described streets: Valleta Avenue, Treviso Avenue, Montague Avenue, Marsciano Street
and Jewetta Avenue.
(2) When all of the required improvement work, or a separate unit of the
improvement work, has been properly and fully completed in accordance with this agreement, the
Subdivider may apply in writing for inspection thereof; and the County shall cause it to be inspected
and considered for acceptance or approval under Section 18.55.100 of the Ordinance.
3 TIME FOR COMPLETION:
The work shall be fully completed within one (1) year from the date of approval of the
final map, to -wit, on or before the 3 P A� day of �' i , 20 6)�, , or within
such extension of time as may be authorized by the Board under Section 18.55.120 of the
Ordinance.
4. MAINTENANCE OF IMPROVEMENTS PENDING ACCEPTANCE OF APPROVAL:
The Subdivider shall maintain all of the improvement work, and shall repair or replace
any improvement work which may deteriorate or be damaged or destroyed from any cause, subject
to release from such obligation as provided in Section 18.55.100 of the Ordinance.
5. REPAIR OF DAMAGE BY SUBDIVIDER TO ACCEPTED WORK:
The Subdivider shall repair or replace any damage to any work which has been
accepted or approved by the Board, as may be caused by any other undertaken by the subdivider or
his surety.
6. GUARANTEE AGAINST DEFECTS:
With respect to improvement work which has been accepted or approved by the Board,
the Subdivider shall guarantee and maintain the same against any defective work or labor done, or
defective materials furnished, in the performance of this agreement, which is reported in writing
delivered to the Clerk of the Board at any time within one (1) year after the operative date of
acceptance or approval of such work by the Board. The Subdivider shall promptly correct, repair or
replace any and all defects on demand.
PROVISIONS NOT LIMITATION ON LIABILITY:
None of the provisions of Section 4 through 6, inclusive, or this agreement, shall be
construed as limiting the scope or extent of any liability of the Subdivider under the law for any
willful or negligent act or omission of the Subdivider, his contractors, agents or employees.
8. DRAINAGE FACILITIES; CHANGES MAY BE REQUIRED
With respect to drainage facilities, the Subdivider agrees to carry out any changes or
alterations in the design or construction thereof as may appear necessary to the Board to protect life
or property in the exercise of its reasonable discretion, at any time prior to acceptance of approval
thereof.
9. IMPROVEMENTS GENERALLY; LIMITED CHANGES MAY BE REQUIRED:
With respect to other improvement work, the Subdivider agrees to carry out such
changes or alterations in the design or construction thereof as may appear necessary to the Board in
the exercise of its reasonable discretion for the accomplishment of the purposes of the Ordinance
and the Standards, provided, however, that the net aggregate cost of such changes or alterations
shall not exceed ten percent 00 %) of the original estimated cost of the improvements described in
this agreement, and further provided that, with respect to any particular feature of said improvement
work the estimated cost of which is separately itemized herein, such changes or alterations shall not
exceed ten percent (10 %) of such itemized cost of such feature, in any case taking into account the
aggregate of additive and deductive changes, and excluding such changes or alterations as may be
requested by the Subdivider and /or as may be required under Section 8 above.
10. CHANGES REQUESTED BY SUBDIVIDER:
(1) The Subdivider shall not change or alter the design, specifications or mode of
accomplishment of the improvement work as provided herein, except as authorized by the Board.
(2) If any such change or alteration requested by the Subdivider shall cause the
estimated cost of all work to be done to exceed the liability of his surety, or the amount of such
liability as increased under Sections 11 and 12, or the aggregate amount of other forms of seourity
for faithful performance of such agreement, as the case may be, authorization by the Board shall be
of no effect.
11. INCREASE OF IMPROVEMENT SECURITY RELATIVE TO CHANGES OR
ALTERATIONS:
(1) The amount of security for faithful performance shall be increased by the amount
of the cost of any additional work required by a change or alteration required or authorized under
Sections 8, 9 or 10 above.
12) The amount of security for payment to contractors, etc., shall be increased in a
amount which is that proportion of the amount of increase mentioned in paragraph (1) above, as the
original security for payment to contractors, etc. (as fixed by the Board) bears to the original amount
of the security for faithful performance (as fixed by the Board).
(3) If security is in the form of a corporate surety bond, it shall provide that the
liability of the surety thereunder shall automatically increase in the respective amounts mentioned in
paragraphs (1) and (2) above, in case the Board requires or authorizes any change or alteration under
Sections 8, 9 or 10 above, subject to the limitations in Section 12 below. If such bond lacks such
provisions, the Subdivider shall procure its amendment to so provide, or shall procure an increase in
its amount or shall furnish additional security conforming to Section 18.55.070 E. of the ordinance,
in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or
alteration requested by the Subdivider, or, in any case, within a reasonable time after an order of the
Board requiring a change or alteration.
(4) If security is in the form of a corporate surety bond, and by reason of any
limitation in Section 12 below the amount of liability of the surety thereon is less than the amount of
security should be with the respective increases mentioned in paragraphs (1) and (2) above, the
Subdivider shall furnish additional security conforming to Section 18.55.070 E. of the Ordinance, so
as to cause the aggregate amount of security to be in accordance with paragraphs (1) and (2) above,
as a condition to approval of any change or alteration requested by the Subdivider, or in any case,
within a reasonable time after an order of the Board requiring a change or alteration.
(5) If the security is in a form other than a corporate surety bond, the Subdivider
shall increase the amount thereof, or shall furnish additional security conforming to Section
18.55.070 E of the ordinance, in accordance with paragraphs (1) and (2) above, as a condition to
approval of any change or alteration requested by the Subdivider, or in any case, within a reasonable
time after an order of the Board requiring a change or alteration.
12. LIMITATION ON LIABILITY OF CORPORATE SURETY RELATIVE TO CHANGES OR
ALTERATIONS NOT APPROVED BY SURETY:
With respect to such changes or alterations as to which the consent of a corporate
surety is not obtained, the amount of increase in its liability under its improvement security for
faithful performance and for security for payments to contractors, etc., respectively, shall not
exceed in the aggregate ten percent (10 %) of the original amount of such security as fixed by the
Board in any case taking into account both additive and deductive changes, and excluding such
changes or alterations as may be requested by the Subdivider and expressly approved by the surety.
13. FAILURE TO TIMELY COMPLETE WORK OR COVENANTS:
If the Subdivider or his surety shall fail to complete the improvement work or perform
his covenants faithfully, properly and in full accordance with this completion agreement, all within
one (1) year from the date of this approval of the final map by the Board, or within any extension of
time as the Board may authorize under Section 18.55.120 of the Ordinance, County shall be entitled
to exercise its right of recovery upon any corporate surety bond given to secure faithful performance
(or if the improvement security is in a form other than a corporate surety bond, the County shall be
entitled to possession of and title thereto and the proceeds thereof), in either case without any prior
notice and without prejudice to any other remedy the County may have in the premises at law or in
equity, including but not confined to the option to cause the work to be completed as provided in
Section 15 or to cause any covenant to be performed under any other applicable provisions of this
agreement.
14. FAILURE TO BEGIN WORK OR PERFORM COVENANTS AND CONTINUOUSLY
PERFORM, AFTER NOTICE.
(1) If the Board in the exercise of its reasonable discretion shall determine:
(a) That the Subdivider has failed or neglected to begin the work, or any
feature of the work, within a time which will reasonably allow its completion within the time (or any
valid extension of time) provided in this Agreement; or
(b) That the Subdivider has abandoned any of the work; or
® The Subdivider has failed to keep the work under direct control of a
superintendent, manager, engineer, or other competent agent; or
(d) That the Subdivider (if he shall be an individual person) has been declared
incompetent or placed under the care of a guardian or conservator, or has disappeared, or is
deceased; or
(e) That the Subdivider has filed a petition in bankruptcy or has been declared
bankrupt; or
(f) That the Subdivider has failed or neglected to timely perform any of his
covenants in this agreement; or
(g) That there is any other circumstance showing that the County is not
reasonably secure in the proper and timely performance of this agreement or any covenant therein;
then, upon any such determination, the Board shall be entitled to give the Subdivider and his surety
fourteen (14) days written notice to begin the work or perform such covenant and /or to diligently
and continuously perform such work or covenant.
(2) If the Subdivider or his surety shall fail to do so within such fourteen (14) day
period, the County shall be entitled to exercise its right of recovery upon any corporate surety bond
given to secure faithful performance (or if the improvement security for faithful performance is in a
form other than corporate surety bond, the County shall be entitled to possession of and title thereto
and the proceeds thereof), without any additional notice and without prejudice to any other remedy
the County may have in the premises, at law or in equity, including but not confined to the option to
cause the work to be completed as provided in Section 15 or to cause any covenant to be
performed under any other applicable provision of this agreement.
(3) Without limiting the generality of the foregoing provisions of this section, the
covenants of the Subdivider provided in Section 4, 5, and 6 shall be deemed to be covenants within
the meaning of this Section.
15. OPTION OF COUNTY TO CAUSE WORK TO BE DONE OR COVENANTS PERFORMED:
(1) In any event mentioned in Section 13, or after a determination and notice by the
Board of Supervisors and expiration of the period mentioned in Section 14, the County shall be
entitled, at its option and in the discretion of the Board, to cause all or any part of the improvement
work to be done and /or to cause all or any covenants of the subdivider to be performed, in
accordance with the agreement and the specifications therein, for the account and at the expense of
the Subdivider and his surety.
(2) If the County shall so elect to cause all or any part of the improvement work to
be done, it shall also be entitled, at its option and in the discretion of the Board, to perform all or any
of the covenants of the Subdivider mentioned in Sections 4, 5, and 6, for the account and at the
expense of the Subdivider and his surety, without any additional notice.
(3) In so doing the County may cause such work to be done or such covenants to
be performed by independent contractors, by County officers and employees, or by the services of
any public agency, or public utility company, or by any combination thereof.
(4) In so doing the County may cause any necessary additional planning to be done
or specifications to be prepared, and may procure or provide such equipment, fuel, materials, labor,
supervision, inspection, and expert assistance, insurance and bonds, as may appear reasonably
necessary to properly accomplish such work, or the performance of such covenants.
(5) In so doing the County shall be entitled to use, at its option, any equipment,
fuel, materials, or other property of the Subdivider as may be upon the site for the purposes
mentioned in this section, but shall not be limited thereto.
(6) The Subdivider and his surety shall be liable to the County and shall pay County
on demand for all expenses incurred by the County in the respects mentioned in this section,
including a reasonable amount for the administrative expenses incurred by the County. The
maximum liability of the surety in such case shall not exceed the amount of its bond, and any
increase thereof under Sections 11 and 12, and such other sums as the surety may be required to
pay under the express provisions of the bond. If any suit be brought by the County for recovery
from the Subdivider of an expenses incurred by the County under this Section 15, the Subdivider
shall pay to the County, such reasonable attorneys fees as the court may determine, in addition to
costs of suit.
(7) The County shall not be required to cause any such work to be done or any such
covenant to be performed, to be entitled to recover or have the amount of the faithful performance
security.
(8) The County shall not be prejudiced with respect to any remedy it may have in
the premises, including but not confined to its right to recover or have the amount of the faithful
performance security, by virtue of its right to cause such work to be performed, or by virtue of doing
all or any part of such work or performing all or any part of such covenant, or by not causing it to be
done, or by undertaking to do so and terminating its efforts for whatever cause.
16. INDEMNIFICATION PROVISIONS:
(1) The Subdivider shall, and it does hereby agree to, hold harmless, indemnify and
defend the County, its governing board, officers and employees from each and every liability, loss,
claim or demand which may arise or may be made in connection with the improvement work by
reason of:
(a) Any act, omission or neglect of the Subdivider, its officer, employees,
agents, engineers, contractors, subcontractors, independent contractors, or independent
subcontractors; or
(b) Any personal injury or death of any person, or any damage to or loss of
any property sustained by any person, firm or corporation, and for which the Subdivider is legally
liable; or
® Any damage to or taking of any property arising from any plans,
specifications or profiles attached hereto, or otherwise arising from the improvement work.
(2) Nothing in this article shall be construed to require the Subdivider to indemnify
against any responsibility or liability in contravention of Section 2782 of the California Civil Code,
including any loss arising from a design defect which is the result of the sole negligence of the
County.
(3) The Subdivider hereby waives all claims and recourse against the County,
including the right to contribution or indemnity, for any personal injury to, or death, of the Subdivider
or any person, or for any damage to or loss of any property sustained by the Subdivider or any
person, firm or corporation, arising from or in any way connected with or incident to this contract or
its performance, except in the case of active negligence of the County or of its governing board,
officers or employees for which the County is legally liable.
(4) The Subdivider shall, and it does hereby agree to, at its own cost, expense and
risk, timely, diligently and adequately defend any and all actions, suits or legal proceedings which
may be brought against the County, its governing Board, officers, or employees on any liability,
claim or demand which it has agreed to indemnify against under this Section 16, satisfy any
resulting final judgment that may be rendered against any of them therein. In any such event the
Subdivider shall, on gaining information thereof, promptly notify the County and undertake such
defense. In such event the Subdivider shall retain the right of control of the defense; provided,
however, that the County shall have the option of defending and representing itself or its governing
board, or any of its officers or employees, and in such case the Subdivider shall not be required to
bear any attorneys' fees or expenses of litigation incurred by the County in so doing. Nothing in this
paragraph shall be deemed to excuse the Subdivider from payment of any attorneys' fees or
expenses of litigation incurred by the County as a result of failure by the Subdivider to timely,
diligently or adequately represent or defend in accordance with this paragraph after having been
requested to do so.
(5) It is mutually agreed that the surety of the Subdivider under the improvement
security shall not be deemed liable for the performance of any of the covenants or indemnities of the
Subdivider in this Section 16, unless such surety shall undertake the completion of an improvement
or the conduct of work required to be done or the performance of a covenant of the Subdivider
under this agreement, and then only to the extent of an act, omission or neglect of the Surety, its
officers, employees, agents, engineers, contractors, subcontractors, independent contractors, or
independent subcontractors in the course thereof.
17. SUBDIVIDER AND ITS CONTRACTORS TO CARRY WORKER'S COMPENSATION
INSURANCE:
The subdivider agrees to secure, maintain and timely pay all premiums on, and cause
his contractors and subcontractors to secure, maintain and timely pay all premiums on, Worker's
Compensation Insurance as required by the California Labor Code and amendments thereto, at all
times until their respective work is completed, and furnish to County satisfactory evidence thereof
on request.
18. SUBDIVIDER TO PROVIDE POLICY OF LIABILITY INSURANCE:
(1) The Subdivider agrees to secure, maintain and timely pay all premiums on, a
policy or policies of broad form comprehensive liability insurance in the amounts, and with the
coverage and endorsements set forth below, in form and with insurance companies satisfactory to
the Board, by the terms of which the named insured and additional insureds are indemnified against
liability for any bodily injury or death of any person, or any damage to or loss of any property
sustained by any person, firm or corporation, and for which the Subdivider is legally liable.
(2) The limits of such policy, or the aggregate limits of such policies, shall be not
less than:
la) Bodily injury liability:
$300,000 each person; $500,000 each occurrence;
Property damage liability:
$50,000 each occurrence; $100,000 aggregate; or, at the
option of the Subdivider:
(b) $500,000 combined single limit bodily injury liability and
property damage liability.
(3) Said policy or policies shall contain provisions or endorsements as follows;
(a) Showing the County, its governing board, officers, employees and agents
as additional insureds.
(b) Providing blanket contractual liability coverage for the Subdivider's
indemnity obligations for personal injury or death of any person, or for any damage to or loss of
property, and for which the Subdivider is legally liable.
® Providing broad form property damage liability coverage, including but not
confined to, damage caused by blasting, collapse, structural injuries and damage to underground
utilities. Such policy or endorsement shall not contain the so called "X ", "C" or "U" exclusions.
(d) Providing coverage of the Subdivider's products and completed
operations.
(e) Providing "cross liability" or "severability of interest" coverage for all said
additional insureds.
(f) Providing that any other insurance maintained by the County, its
governing board, officers, employees, or agents is excess and not contributing insurance with
respect to the insurance carried by the Subdivider.
(g) Providing that the coverage afforded said additional insureds shall not be
prejudiced by any failure of the Subdivider or any other person to comply with any notice
requirements of such policy.
IN Providing that such policy may not be canceled nor may the coverage
thereof be reduced, nor may any provision of the endorsement thereof be amended or revised in any
manner detrimental to the interests of said additional insureds, until expiration of thirty (30) days
after written notice thereof has been delivered to the County Administrative Officer.
(4) The Subdivider shall maintain the insurance coverage required in this section and
pay all premiums promptly when due, at all times until expiration of one (1) year after all
improvement work mentioned in the agreement has been accepted or approved by order of the
Board.
(5) Prior to presentation of the final map to the Board for approval, the Subdivider
shall file with the County Surveyor a certificate of insurance, showing the insurance coverage
required under this section.
(6) Within thirty (30) days after approval of the final map by the Board, the
Subdivider shall file with the County Surveyor (a) a true copy, certified by the insurance carrier, of
said policy (or policies) and all endorsements thereon, showing the insurance coverage required
under this section, and (b) a true copy of a receipt showing payment of all premiums on such policy
or policies.
(7) At all times during which the Subdivider is required to maintain insurance
coverage under this section, there shall be filed with the County Surveyor promptly after issuance a
true copy, certified by the insurance carrier, of: (a) any endorsement or certificate showing renewal
of any policy (or policies) required under this section; or (b) any policy which renews or replaces any
such policy with all endorsements thereon; or ® any new or amended endorsement. (The filing of
any such policy, endorsement or certificate shall not be deemed to excuse the carrier from furnishing
any notice required in paragraph 3(h) above). The Subdivider shall also promptly file with the
County Surveyor a true copy of the receipt showing payment of all premiums due on account of any
such renewal or replacement.
(8) If at any time during which the Subdivider is required to maintain insurance
coverage under this section, the Subdivider or its surety shall fail to maintain the insurance coverage
so required, or to promptly pay all premiums thereon when due, or if any policy (or policies) so
required is canceled or if the coverage therein is reduced or any provision of endorsement therein is
amended or revised in any manner detrimental to the interest of the County or other additional
insureds, the County shall be entitled to make written demand upon the Subdivider for payment of
such delinquent premium or replacement of such policy or coverage, provisions or endorsement, as
the case may be, and if such default is not cured within seven (7) days from the date of such
demand, the County shall be authorized, at its option exercised by and in the discretion of the Board
or County Administrative Officer, to pay all or part of such delinquent premium or to obtain a
replacement policy, coverage, provision or endorsement, as the case may be, similar to that required
by this section, provided that by so doing it shall have no obligation to obtain coverage for the
Subdivider or his surety, except at its option; and upon demand by County the Subdivider and its
L,
surety, jointly and severally, shall be obligated to and shall reimburse the County for any premiums
incurred by the County in any such respect.
19. LIABILITY INSURANCE; BOARD MAY REQUIRE OR AUTHORIZE ADDITIONAL OR
MODIFIED COVERAGE OR ENDORSEMENTS:
(1) In exercise of its reasonable discretion, from time to time, the Board is
authorized to require the Subdivider to furnish other or additional coverage or endorsements in
connection with insurance coverage required in Section 18, as it may determine to be in the public
interest, or for the proper protection of the County, its governing board, officer, employees or
agents, provided that such coverage or endorsement is generally available to persons doing similar
improvement work from insurance companies admitted under the laws of California. Subdivider
agrees to secure, maintain, and timely pay all premiums on, such other or additional coverage or
endorsements within a reasonable time after written demand therefor from the County, and to
promptly file with the County Surveyor a true copy of the policy or endorsement evidencing the
same, certified by the insurance carrier; and such coverage or endorsement shall be subject to all of
the provisions of the paragraphs 3 through 8, inclusive, of Section 18.
(2) The County and the Subdivider may, by mutual agreement, amend this
agreement to provide for modification or deletion of coverage or endorsements in connection with
insurance coverage required in Section 18, of the Board determines that such coverage or
endorsement is not generally available to persons doing similar improvement work from insurance
companies admitted under the laws of California.
20. IMPROVEMENT SECURITY:
(1) The Subdivider shall file with the Clerk of the Board, prior to the approval of the
final map of said tract, good and sufficient improvement security in accordance with Sections
66499 through 66499.10, inclusive, of the Map Act and Section 18.55.090 of the Ordinance.
(2) All improvement security shall remain in full force and effect, and any
improvement security in form other than corporate bond shall be held and retained by the County, at
all times until reduced or released in accordance with the provisions of Section 18.55.130 of the
Ordinance; provided; however, that with approval of the Board, one form of security authorized by
Section 18.55.090 of the Ordinance may be substituted for security previously furnished.
(3) Security for faithful performance shall be separate in form and amount from
security for payment to contractors, etc.
(4) In accordance with Section 66499.6 of the Map Act, all such security shall be
held by the County as a trust fund to guarantee and secure performance of the Subdivider's
obligations under this agreement, and shall not be subject to levy or attachment by any creditor of
the Subdivider or creditor of any other depositor of such security, except when and to the extent
that such security is reduced or released under Section 18.55.130 of the Ordinance.
(5) Security for faithful performance shall secure faithful, proper, full, and timely
completion of all improvement work and all the Subdivider's covenants in this agreement, including
but not confined to maintenance of improvements pending acceptance or approval, repair of damage
to accepted work, and guarantee against defects, as provided in Sections 4, 5, and 6.
(6) Security for payment of claims of Contractors, etc.,shall secure payment of all
claims and sums mentioned in Section 66499.2 of the Map Act, including but not confined to costs,
reasonable expenses and fees (including reasonable attorney's fees) incurred in successfully
enforcing such obligation.
(7) The extent of the Subdivider's liability under this agreement shall not be deemed
limited to the amount of the improvement security in any case. No limitation upon the liability of a
corporate surety in this agreement shall be construed as a limitation on the liability of the Subdivider.
(8) If the security is in the form of a corporate surety bond, it shall contain those
provisions in Sections 18.55.090 E and F of the Ordinance, among others.
(9) If the security is in the form of a letter of credit, it shall conform with Section
18.55.090 H of the Ordinance among others.
(10) If the security is in the form of a letter of credit, it shall also contain those
provisions in paragraph 1 of Section 18.55.090 H.4, 5. and 6. of the Ordinance, among others, and
shall further provide that the bank or other institution issuing same agrees to pay to County all costs
and reasonable expenses and fees, including reasonable attorneys' fees, incurred by it in
enforcement of same or collection of any draft drawn under it; and the Subdivider agrees that he
shall furnish a new letter of credit, or other form of security under Section 18.55.090 of the
Ordinance, at least sixty (60) days prior to expiration of the letter of credit initially furnished, in the
same amount, adjusted for any increases under Section 18.55.070 E. and for any reductions under
Section 18.55.130 and that, if he shall fail to do so, the full amount of the letter of credit shall be
forthwith payable to the County, whereupon the proceeds shall be held in trust by the County for
like security purposes under Section 18.55.090, and that any sum so paid to the County may be
deposited by it in banks or otherwise invested in the manner provided by law for trust funds in its
custody, in which case the County shall be entitled to retain all interest, if any, earned thereon,
while so deposited or invested.
(11) The estimated cost of the various features of the work of improvement to be
used as the basis for determination of the amount of such security and for reduction of security in
accordance with other provisions of this Agreement, is as follows:
Street, Drainage, and Miscellaneous Improvement $952,355.00
Water System Improvements 212,593.00
Sewer System Improvements 162.970.00
Total 1,327,918.00
21. WATER SYSTEM: SPECIAL PROVISIONS:
If a water system is part of the improvement work, or if the Subdivider installs a water
system in conjunction with other improvement work in the subdivision or prior to its completion, the
Subdivider agrees as follows:
(1) Those water lines and other parts of the water system which may be located
within the boundaries of any street, highway, alley or way which is or will be offered for dedication
for public use or which has been dedicated to public use, shall be under or brought under a franchise
issued by the County or a statutory franchise, in accordance with the provisions of this section.
12) In case the Subdivider proposes to transfer the ownership or operation of such
water system to a water company or district, the transferee shall hold a franchise issued by the
County or a statutory franchise, applicable to the proposed water system; and further the subdivider,
or such transferee water company or district, as the case may be, shall covenant with the County
that the right to maintain and operate those water lines and other parts of such system within the
boundaries of any street, highway, alley or way which is or will be offered for dedication for public
10
use or which has been dedicated to public use shall be solely under a franchise issued by the County
or such statutory franchise, as the case may be; provided that the subdivider may take such a
transfer to a water company lacking such a franchise, it shall also covenant with the County that,
within a reasonable time after such transfer, it shall apply for, bid upon, and do everything necessary
to perfect such a franchise under that statute with terms most favorable to the County as may be in
effect at the time of its application.
(3) The covenants required of the transferee in paragraph (2) shall be furnished to
the County, prior to consummation of any such transfer.
22. CONFORMITY TO LAWS; OBTAINING PERMITS:
Subdivider agrees to conform to all laws, regulations and ordinances, including but not
limited to those relating to burning, air pollution and explosives. Subdivider agrees to obtain all
required permits in a timely manner.
23. EFFECT OF WAIVERS:
No waiver or indulgence by the County with respect to the performance of any duty
agreed to be performed or the payment of any sum agreed to be paid by the Subdivider or its surety
at any time shall be deemed to be a waiver or indulgence by the County or extension of time with
respect to any other duty or payment or at any other time.
24. ATTORNEYS FEES ON SUIT:
If any suit be brought by the County for the recovery of any sum due under this
Agreement, for any damages for the breach of this Agreement, or to compel performance of this
Agreement, the County shall be entitled to such reasonable attorneys fees as the Court may
determine, in addition to its costs of suit.
25. GENERAL PROVISIONS:
(1) The place of performance of the obligations of the principal and any surety on
any improvement security mentioned herein, shall be the County of Kern, State of California.
(2) Any notice required to be given by one party to another party under this
Agreement shall be given either by personal service or by ordinary United States Mail, postage
prepaid, and in case of notice to the subdivider, to the address shown at the end of this Agreement,
and in case of notice to County, to the Board of Supervisors, Kern County Court and Administration
Building, 1415 Truxtun Avenue, Bakersfield, California.
(3) Subject to any provisions of this Agreement limiting the right or power to assign
this Agreement or any part hereof, it is mutually agreed that the provisions of this Agreement shall
be binding upon and shall insure to the benefit of the parties to this Agreement and their respective
heirs, personal representatives, successors and assigns.
11
IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the
day and year first mentioned herein.
APPROVED AS TO CONTENT:
CZBy:
Director of nginesJ g
& Survey Bervicesibepartment
IF-
COUNTY OF KERN
By: �ll t/iLC [ r
Chairman, Board of Supervisors
( "County" herein)
�zy:
( "Subdivider" herein)
/Bile 5 - oe ly- ", -
Subdivider's Address
�iSA Lt A 9 77
The undersigned, surety of the Subdivider on the improvement security mentioned above, consents
to the foregoing Agreement.
Dated the 20TH day of JUNE , 2001
�dXZrIOiI; FiL '7:C[d�d��i7:C1Y�l;si:l�:i[Ntl
Surety
MARSH USA, INC. ' e{ jl-�
Agent for Surety
1601 ELM STREET, SUITE 2100
Agent for Surety's Address
DALLAS, TX 75201
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public for
both Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
12
ACKNOWLEDGEMENT BY SURETY
STATE OF TEXAS
County of Dallas
Before me, Deborah Griffith, a notary public, on this day personally appeared Allyson
Dean, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this 20th day of June, 2001.
My commission expires 8 -23 -03 1
Notary Seal -�
Deborah Griffith
f y' j♦
NNt" Pub11F , Bet o
MyC0MM'bVMUW2=3
Notary Public
\ atd
SAFECO INSURANCE COMPANY OF AMERICA
POWER
�
SAFECO- GENERAL INSURANCE COMPANY OF AMERICA
,'M OF ATTORNEY SEATTLE, WASH NGTON 9P 8185
No 7386
MOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
•• ^rr "• "'LAWRENCE W. WALDIE', CARMEN MIMS, BRIAN M. LEBOW; DEBORAH GRIFIl ALLYSON DEAN, DORO'I'BY VALEK, Dallas,' 1'czvvr ^' ° " " ^'
its We and lawful ahomey(s) -in -fact, with full authority to execute on E, behalf fidelity and surely bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 23rd
RA. PIERSON, SECRETARY
daycff \`Febbruar�y' /�/ 2000
W. RANDALL STODDARD, PRESIDE!
CERTIFICATE
Extrad from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Adick V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge or surety operatiore, shall each have authority to appoint individuals as atlomerys -in -fact or under other appropriate titles with authority W
examine on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any boiM or
uh,edaldng of the mmpany, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not
be necesary to the validity of any such instrument or undertaking '
Extad from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-On any ceNGcate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The pmvislons of ArUde V, Section 13 of the By -Lays, any
(ii) A ropy ofthe power-of- adorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-afattorney appointment is in full force and effect ,
the signahre of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof,
I, R.A. Flown, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these caT rafWns, and of a Power of Attorney issued pursuant thereto, are true any
coned, and that both the By -Laws, Be Resolution and the Power of Attorney are air II in full force any effect .
IN WITNESS WHEREOF, I have hereunto set my hand any affixed the facsimile seal of said corporation
this 20TH
day of JUNE 1 1 2001
RA. PIERSON, SECRETARY
S TU3AEF 7188 6 RpMered Irademad� d SAFE W Lorpvalba.
}ll3N0 POF
CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT
State of California }
County of l a Ajr t } ss.
On ,_ R a �a 0D I before me, I r 0, ATITAI
Dsm personaUy appeared IJAt)E �tfZt1 •�,mrni�oro�w(�a.." nwNa„rwak-) '
Name(s)ofSiga(s)
V C. PATTON
Commission #1167255
.� Notary Public - CaotartYa S
Tulare County
nyCOmm.GWYe Na/71,2001
PleeeNoboy Seat Above
Gt'nersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose narne(s) Were
subscribed to the within instrument and
acknowledged to me that he/she/they
executed the same in his/her /their authorized
capacity(ies), and that by his /her /their
signatures) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS m h��a��n""d and official seaL
�aSigraueo[Nomry Poblic
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EXHIBIT "B"
SPECIAL PROVISIONS AND /OR CONDITIONS
TRACT 5829, UNIT TWO
1. DEFINITIONS:
For the purpose of these Special Provisions and /or Conditions, the following terms shall be
defined as herein provided:
(a) "Public Agency" shall mean the State of California, the County and the City located within
the County, or any District formed under the State Water Code.
(b) "Land Division Ordinance" shall mean Ordinance of the County, as set forth in Title 18,
Division 1, Chapter 1, consisting of Section 18.05 to Section 18.85, both inclusive, of the
Ordinance Code of the County.
(c) "Agreement" shall mean the Agreement attached hereto, of which these Specifications
are a part.
(d) "Subdivision" shall mean the subdivision of land referred to in the Agreement.
(e) "Plans and Profiles" shall mean the plans and profiles designated as Exhibit "A" in the
Agreement.
Ifl "Development Standards" shall have the same meaning as defined by Section 18.70.120
of the Land Division Ordinance.
2. INCONSISTENT PROVISIONS:
In the case of conflict between any of the provisions of the Land Division Ordinance and any of
the provisions of the Standard Specifications or the Plans and Profiles, the provisions of the Land
Division Ordinance shall prevail.
3. ROAD APPROACHES:
The subdivider shall improve all roadway approaches from the subdivision to adjoining highways
or rights -of -way belonging to public agencies. Said roadway approaches shall be improved in
accordance with the requirements and /or specifications of the public agency affected. The
Subdivider shall also furnish evidence to the County that permission has been granted to the
Subdivider for such improvement work by the public agency affected, provided, however, that the
"Agreement" shall constitute authority for the Subdivider to do such improvement work in
connection with the adjoining highways or rights -of way which belong to the County.
4. REMOVAL OF OBSTRUCTIONS:
Attention is directed to section 18.55.030 A6 of the Land Division Ordinance.
5. DRAINAGE:
The Subdivider at his or her sole cost and expense shall construct, install and provide the
drainage improvements and facilities (including the construction and installation of cross - drains
and cross - gutters) prescribed for the "Subdivision" in the plans and profiles, pursuant to and in
accordance with specifications and details set forth therein, provided, however, that if at any
Exhibit "B" - page 2
time prior to the acceptance of the improvement work for the "Subdivision" by the County, it is
determined by the County Surveyor that the drainage improvements or facilities prescribed for the
"Subdivision" in the plans and profiles will not provide adequate drainage for the disposal of
drainage waters for the "Subdivision" due to erroneous data or information furnished to the said
County Surveyor by the Subdivider, or his or her agents, employees, or engineers, and which
erroneous data was considered by the County Surveyor in approving the drainage improvements and
facilities prescribed for the "Subdivision" in the plans and profiles, then and in that event and
notwithstanding the approval of said plans and profiles by the County Surveyor, The Subdivider shall
at his or her sole cost and expense provide such additional drainage improvements or facilities as
shall be determined necessary by the County Surveyor to adequately dispose of the drainage waters
of the "Subdivision ", including the disposal of such drainage waters to points beyond the territorial
limits of the "Subdivision ", as approved by the County Surveyor, provided, further, that if the plans
and profiles for this "Subdivision" fail to provide for the construction of a cross -drain or cross - gutter
at any street or alley intersection within the "Subdivision ", and if it is determined by the County
Surveyor that said omission was due to inadvertence, and that said cross -drain or cross - gutter is
necessary to provide adequate drainage for the "Subdivision ", then and in that event and
notwithstanding said omission in the said plans and profiles, the Subdivider shall construct such
cross -drain or cross - gutter in accordance with such specifications are details as are prescribed by
the County Surveyor.
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EXHIBIT "D"
SPECIFICATIONS AND CONDITIONS
WATER SYSTEM
TRACT 5829, UNIT TWO
1. DEFINITIONS:
For the purpose of these Specifications, the following terms shall be defined as herein provided:
(a) "Public Agency" shall mean the State of California, the County and the City located within
the County, or any District formed under the State Water Code.
(b) "Land Division Ordinance" shall mean Ordinance of the County, as set forth in Title 18,
Division 1, Chapter 1, consisting of Section 18.05 to Section 18.85, both inclusive, of the
Ordinance Code of the County.
(c) "Agreement" shall mean the Agreement attached hereto, of which these Specifications
are a part.
(d) "Subdivision" shall mean the subdivision of land referred to in the Agreement.
(e) "Plans" shall mean the plans of the water distribution system and appurtenant facilities,
Exhibit "C ", as approved by the County Surveyor.
(f) "Development Standards" shall have the same meaning as defined by Section 18.70.120
of the Land Division Ordinance.
2. INCONSISTENT PROVISIONS:
In the case of conflict between any of the provisions of the Land Division Ordinance and any of
the provisions of the Standard Specifications or the Plans and Profiles, the provisions of the Land
Division Ordinance shall prevail.
In the case of a conflict between any of the provisions of these Specifications and any of the
provisions of the Plans, and of other included detailed specifications, the more restrictive condition
shall prevail.
3. SURVEY MONUMENTS:
The subdivider shall have replaced, by a Licensed Land Surveyor or qualified Registered Civil
Engineer, any survey monuments or stakes damaged, moved, or covered up during the process of
this work, in accordance with Section 8771 of the Land Surveyor's Act.
4. COMPLETION OF WORK:
The subdivider shall correct any work which is defective and not in accordance with the plans
and specifications before final acceptance.
The Subdivider shall at no time make a "wet tie -in ", or turn off on any existing gate valve
without proper authority from the local water company or agency having jurisdiction.
Exhibit "D" -page 2
5. FRANCHISE FOR WATER SYSTEM:
(a) Unless the Subdivider already holds a franchise granted by the County for the water
system, the Subdivider covenants that he or she shall, in conformity with Article 1 of Chapter 1 of
Division 3 (commencing with Section 6001) of the Public Utilities Code, apply for such franchise
on or before expiration of three months from the date of this agreement, and thereafter bid therefore
and do everything necessary to perfect such franchise within a reasonable time, under the statute
with terms most favorable to the County as may be in effect at the time of such application.
(b) Subdivider further covenants that, from and after approval of the final map, the right to
maintain and operate those water lines and other parts of the water system or any extension thereof
within the boundaries of any street, highway, alley or way which is or will be offered for dedication
for public use or which has been dedicated to public use, shall be solely under a franchise issued
by the County or a statutory franchise, as the case may be.
(c) Subdivider covenants that he or she shall not transfer the ownership or operation of the
water system to any water company or district unless and until it (1) holds a franchise issued by
the County, or a statutory franchise, as the case may be, applicable to such water system, and (2)
has furnished the County with a written covenant wherein it shall agree that its right to maintain
and operate those water lines or other part of the water system or any extension thereof within the
boundaries of any street, highway, alley or way which has been offered or dedicated to public use
shall be solely under such franchise.
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_ BOND N0. 6092481
IMPROVEMENT SECURITY FOR FAITHFUL PERFORMANCE
IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5829, UNIT TWO
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SAFECO INSURANCE COMPANY OF AMERICA (hereinafter designated as
"Surety ") possesses a valid certificate of authority from the Insurance Commissioner of the State of
California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code of
California; and
WHEREAS, the Board of Supervisors of the County of Kern, State of California, (hereinafter
designated as "County "), and CENTEX HOMES, a Nevada General PartnershiP(hereinafter designated
as "Principal ") have entered into an agreement whereby Principal agree to install and complete certain
designated public improvements, which said agreement, dated —T A, f 3 ,200�,
and identified SUBDIVISION IMPROVEMENT AGREEMENT TRACT5829, UNIT TWO, is hereby
referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement in conformity with Chapter 5 of the Subdivision Map Act
(commencing with Government Code Section 66499).
NOW, therefore, we the Principal and Surety are held firmly bound unto the County in the
penal sum of One Million Three Hundred Twenty Seven Thousand Nine Hundred Eighteen and
00/100 Dollars ($1,327,918.00) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
1
It
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to abide by, and well and
truly keep and perform the covenants, conditions and provisions in the said agreement and any
alteration thereof made as therein provided, on his, its 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 the County, 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.
Without limiting the generality of the provisions of the foregoing paragraph, the covenants of
the subdivider, Principal herein named, provided in Section 4, 5, and 6 of the agreement shall be
deemed to be covenants within the meaning of the foregoing paragraph.
The surety further stipulates and agrees that its liability hereunder shall automatically increase
by the amount of the aggregate cost of any work required by a change or alteration in the design or
construction of the work of improvement required or authorized under Section 8, 9, and 10 of the
agreement, as estimated by the Board of Supervisors of County; provided, however, with respect to
any changes or alterations as to which the express consent of the surety is not obtained, the amount
of increase in its liability hereunder shall not exceed in the aggregate ten percent (10 %) of the original
amount of security first mentioned in this instrument, taking into account both additive and deductive
changes, and excluding such changes or alterations as may be requested by the Subdivider and
expressly approved by the surety.
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 attorney's fees,
2
incurred by the County in successfully enforcing such obligation, all to be taxed as costs and include
in any judgement rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration addition
to the terms of the agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in Aeneas affect its obligations on this bond, an it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the agreement or
to the specifications.
The Surety hereby further stipulates and agrees as follows:
a) Any notice required to be given to the Surety may be given by personal service or by
ordinary United States mail, postage prepaid, and addressed to the Surety at the address of its agent
set forth hereinbelow, and if not there set forth, then to any office of the Surety.
b) That neither the death, bankruptcy, nor incapacity of the Principal, nor any
assignment of said Agreement by the Principal, nor any sale, conveyance, assignment or other
transfer of any property mentioned in said Agreement or interest therein, whether voluntary,
involuntary, or by operation of the law, shall in any manner affect the obligations and liability of the
Surety hereunder.
The Surety and Principal hereby stipulate and agree that the place of performance of the
obligations of the Principal and Surety, respectively, shall be the County of Kern, State of California.
3
qk
IN WITNESS WHEREOF, the Principal and Surety have caused this document to be executed
this 20TH day of JUNE
CENTEX HOMES, a Nevada General Partnership
By:
Principe
t
414
20 01 .
SAFECO INSURANCE C NY OF AMERICA
Surety
ALLYSON DEAN, ATTORNEY -IN -FACT
Agent for Surety
MARSH USA, INC.
Address of Agent for Surety
1601 ELM STREET, SUITE 2100, DALLAS, TX
75201
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public for both
Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
N
ACKNOWLEDGEMENT BY SURETY
STATE OF TEXAS
County of Dallas
Before me, Deborah Griffith, a notary public, on this day personally appeared Allyson
Dean, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this 20th day of June, 2001.
My commission expires 8 -23 -03
Notary Seal Deoa GRh
MN Public, Sh of ruINb6 COM. V)m ow&M
otary Public - +
S A
F
E
C
i
POWER
V
OF ATTORNEY
SARM INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: $ARCO PLAZA
SEATTLE,WASHINGTON 98185
No 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corpomlion, does each hereby
appoint
......... "'LAWRENCE W. WALDIE; CARMEN MIMS, BRIAN M. LEBOW. DEBORAH GRIFFITH, ALLYSON DEAN: DOIiOl Hl' VALEK; DA.,'1'c.vc ^' ^ ^ °' °'
hs true and lawful abomey(s)-in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of Its business, aM to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed aid
chested these presents
this 23rd dayof Pcbri . 2000
RA. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Sechon 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by IM officer in charge of surety operators, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with al lhodty b
execute on behalf of the company fidelity and surety bonds antl other documents of similar character issued by the company In the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not
be necessary to the validity of any such Instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(fil The provisions of Articte V, Section 13 of the By -Laws, and
Ii) A copy ofthe powerol- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said powerafatlomey appointment is In full farce and eked,
the signature of the certifying othcer may be by fi esimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cefhfy that the
bregoi g extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are dill in full force arid effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 20TH
�fg.CE COdpq�, J0.P�Cf CO/Rp�s,
@ c °t�a4re ? �`' MAPgIRTE ''
� SEAL � � SEAL
air 1953 ,,�k �y � 2� �s
Fawns yeMWaS�
day of
JUNE
R.A. PIERSON, SECRETARY
2001
S-09]VBrEF 798 O Repintered trademmk d SAFECO Corpe fii
]R3W POP
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California lir }
county of / L1l" } SS.
On -1 C I before me, 0— AT7rj
p„e �} Neme enA Title ofOakc (ng, "lea ne4N�+Y Publ¢ ")
personally appeared��
Navx(e)of$igyv(s)
P1allotmy9cd Abm
p,fersonaliy known to me
❑ proved to me on tbe basis of satisfactory
evidence
to be the person(s) whose name(s) Ware
subscribed to the within mstrument and
acknowledged to me that he/she/they
executed the same in his/her /their authorized
capscity(res), and that by his/her /their
signature(s) on the instrmnent the person(s),
or the entity upon behalf of which the person($)
acted, executed the insim*nent.
wITNSSS MY hand and official seal.
sipbwe .tuy"e c
fiOND NO. 6092481
SECURITY FOR LABORERS AND MATERIALMEN
IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5829, UNIT TWO
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SAFECO INSURANCE COMPANY OF AMERICA (hereinafter designated as "Surety ")
possesses a valid certificate of authority from the Insurance Commissioner of the State of
California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code
of California; and
WHEREAS, the Board of Supervisors of the County of Kern, State of California, (hereinafter
designated as "County "), and CENTEX HONES, a Nevada General Part#vjMM#fter designated as
"Principal ") have entered into an agreement whereby Principal agree to install and complete certain
designated public improvements, which said agreement, dated � , 2001
, and identified SUBDIVISION IMPROVEMENT AGREEMENT TRACT 5829, UNIT TWO 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 County to
secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part
4 of Division 3 of the Civil Code of the State of California, in conformity with Chapter 5 of the
Subdivision Map Act (commencing with Government Code Section 66499).
NOW THEREFORE, we the Principal and Surety held firmly bound unto the County and all
contractors, subcontractors, and persons furnishing or renting equipment to them, laborers,
materialmen and other persons employed in the performance of said agreement and referred to in
said Civil Code in the sum of Six Hundred Sixty Three Thousand Nine Hundred Fifty Nine and
00/100 Dollars 15663,959.00 ) for materials furnished, for equipment furnished or rented, or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to
such work or labor, that said Surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the
face amount thereof, costs and reasonable expenses and fees, including attorneys fees, incurred
by County, or any person, company or corporation given a right of action herein, in successfully
enforcing such obligation, to be awarded and fixed by the court, and be taxed as costs and to be
included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to filed claims under Title 15 (Commencing
with Section 3082) of Part 4 Division 3 of the Civil Code, so as to give the right of action to them
or their assignees in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall be come null
and void, otherwise it shall remain in full force and effect.
The Surety stipulates and agrees that its liability hereunder shall automatically increase by
fifty percent (50 %) of the amount of the aggregate cost of any additional work required by a
change or alteration in the design or construction of the work of improvement required or
authorized under Section 8, 9, or 10 of the agreement, as estimated by the Board of Supervisors
of County; provided, however, with respect to any changes or alterations to which the express
consent of the Surety is not obtained, the amount of increase in its liability hereunder shall not
exceed in the aggregate ten percent (10 %) of the original amount of security first mentioned in
this instrument, taking into account both additive and deductive changes, and excluding such
changes or alterations as may be requested by the Subdivider and expressly approved by the
Surety.
2
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said Agreement or the specifications accompanying the same shall in any
manner affect its obligation to this bond, and it does hereby waive notice of any change,
extension, alteration or addition.
The Surety hereby further stipulates and agrees as follows:
a) Any notice required to be given to the Surety may be given by personal service
or by ordinary United States mail, postage prepaid, and addressed to the Surety at the address of
its agents set forth hereinbelow, and if not there set forth, then to any office of the Surety.
b) That neither death, bankruptcy, nor incapacity of the Principal, nor any
assignment of said Agreement by the Principal, nor any sale, conveyance, assignment or other
transfer of any property mentioned in said Agreement or interest herein, whether voluntary or by
operation of law, shall in any manner affect the obligations and liability of the Surety hereunder.
The Surety and Principal hereby stipulate and agree that the place of performance of
the obligations of the Principal and Surety, respectively, shall be the County of Kern, State of
California.
3
IN WITNESS THEREOF, the Principal and Surety have caused this document to be
executed this 20TH day of JUNE , 20 01
CENTEX HOMES, as NN�evaadda General Partnership
By: /mot
Principal SAFEP INSURANCE C0140MY OF AMERICA
Surety ALLYSON EAN, ATTORNEY -IN -FACT
0 �yw MARSH USA, INC.
W'��,� -"T'l' Agent for Surety
S ' 1601 ELM STREET, SUITE 2100
Address of Agent for Surety
DALLAS, TX 75201
NOTE: (1) As to each party which is a corporation, affix corporate seal
above.
(2) Attach appropriate acknowledgements made before
Notary Public for both Subdivider and Surety or persons
signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary
proof of his authority, acknowledged before a Notary
Public.
4
ACKNOWLEDGEMENT BY SURETY
STATE OF TEXAS
County of Dallas
Before me, Deborah Griffith, a notary public, on this day personally appeared Allyson
Dean, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this 20th day of June, 2001.
My commission e Ires A-2f;.013
� .Y
Notary Seal
Deborah Griffith
NOWY
�N
ONam
Gam~
Notary Public
SAFECO INSURANCE COMPANY OF AMERICA
S POWER GENERAL INSURANCE COMPANY OF AMERICA
A F E C O
OF ATTORNEY HOME OFFICE: SAFECO PWA
r SEATTLE, WASHINGTON 98185
On
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoiN
or.an..uuLAWRENCE W. WALDIG, CARMEN AIMS', DIiIAN M. LFI30Wt DEBORAH GRIFPITII, ALLVSON DEAN, DOiiO "1'1 {y VAhEA', Dallas,'I'cvv'
its true and lawful aturney(s) -in -fact, with full authority to execute on ifs behalf fidelity and surety bonds or undertakings and other documents of a similar charade,
issued in IM course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
atlested these presents
this 23rd day of Febrvary . 2000
RA. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operabons, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles wAh authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any
Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such allhori y or on
sea bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however,
be necessary to the validity of any such instrument or unde Raking l'
Extract from a Resolution of the Board of Dire dots of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-On any certificate endured by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Arficte V, Sactlon 13 of the By -Laws, and
(ii) A copy ofthe power-ofattorrey appoinMeni exerted pursuant thereto, and
(iii) Certifying that mid power -0f -attorney appointment is in NII force and effect ,
flm signature of the ceUiying officer maybe by facsimile, and lie seal of the Company maybe a facsimile thereof"
I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cediy that the
foregoing a #lads of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are two and
correct. and that both the By -laws, the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto act my hand and afixed the facsimile seal of mid corperallan
this 20TH day of JUNE I . 2001
cgay,CE �'A,{y P�HCf COMpyN
# cPPPDfyrt ?" � ��//1111ffpp1111II11
YVIIIM� p
� SEAL s SEAL
+�� 1953 ��q� 2 z2��,.y`y.'>,
FPA NAS � �Y�p( +a-
RA. PIERSON, SECRETARY
5419745P1 THO B RpieWed treaemaM d SAFE00 CorPos"i_
g28Ug POF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
county of� � } M.
before me, J — )d4TTZ�
Ds N WTiaeofoai=(cg, "Jemnm,Nmuy PubW)
personally appeared '
N. WaSiP -(c)
V. C. PATTON
ommi
Cssion # 1162255
i Notary Pubk- COIHMIa _
Tulom County
emyCm,. 6, Wes Nov 21, 2001
Pl mNm ySd Abm
(®personally lowwa to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) is/are
subscn to the within instmment and
acknowledged to me that he/she/they
executed the same in his/her /their authorized
capacity(ies), and that by his/her /their
signature(s) on the instument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
sl�.aocorNa.rywm�
AGREEMENT FOR COMPLETION OF SUBDIVISION MONUMENTATION
AND PAYMENT OF COST THEREOF
TRACT 5829, UNIT TWO
THIS AGREEMENT, made this 3 r.(. day of 20�, by and between the
COUNTY OF KERN (herein called "County ") and �Ey.l'fez �, a ItJe�ri !x�"al TW'. (herein
called "Subdivider "),
WITNESSETH:
WHEREAS, Subdivider is the developer of the certain subdivision tract in the County of
Kern, State of California, identified by the number set out in the caption of this agreement, and
now desires to record the final map therefore; and
WHEREAS, setting of permanent and non - permanent interior survey monuments has not
been completed, and the Subdivider desires to do so after approval and recordation of the final
map; and
WHEREAS, Government Code Section 66496 (Subdivision Map Act) allows interior
monuments to be set after the final map is recorded, if the Subdivider's engineer or surveyor
certifies on the map that the monuments will be set on or before a specified later date, and if
the Subdivider furnishes security guaranteeing the payment of the cost of setting such
monuments; and
WHEREAS, Sections 18.55.110 A. of the Land Division Ordinance of the County of
Kern authorize a subdivider to enter into agreement with the County to set interior monuments
within a period of one (1) year from the date of approval of the final map (or within such
extension of time as may be authorized by the Board of Supervisors under Section 18.55.120
for completion of subdivision improvement work);
NOW, Therefore, in consideration of the mutual covenants herein, IT IS AGREED
between the parties hereto as follows:
1. County agrees that Subdivider may defer setting permanent and non - permanent
interior survey monuments in said subdivision tract for the period within which Subdivider
agrees to complete same.
2. Subdivider agrees to cause all permanent and non - permanent interior monuments
to be set in said subdivision tract within one (1) year from the date of approval by the Board
of Supervisors of the final map of said subdivision (or, if improvement work is to be done
under a completion agreement, then within any extension or extensions of time for completion
of such improvement work as may be authorized by the Board of Supervisors under Section
18.55.120 of the Land Division Ordinance), in a manner found by the County Surveyor to be
in full and faithful compliance with Section 66495 of the Government Code, Section 8771 of
the Business and Professions Code, and Section 18.45.040 C. of the Land Division
Ordinance,and to cause prompt amendment of the filed map under Sections 66469 to 66472,
inclusive, of the Government Code, as may appear necessary to the County Surveyor.
3. Subdivider agrees to promptly pay to the engineer or surveyor, charged with the
responsibility for setting said monuments, according to Section 66497 of the Subdivision Map
Act, all costs of so setting said interior survey monuments and any such amendments of the
filed map.
4. Subdivider agrees that, in the event of the death, disability, or retirement from
practice of the engineer or surveyor charged with the responsibility for setting said
monuments, or in event of his refusal to so set such monuments within the time hereinabove
provided or to promptly so amend the filed map, the Board of Supervisors of the County may
direct the County Surveyor, or such engineer or surveyor as said Board may select, to so set
such monuments and /or to so amend the filed map, and when such work has been completed,
the Subdivider shall promptly pay to County on demand any and all expenses incurred by it for
such purposes.
5. It is mutually agreed that the County Surveyor has estimated the cost of proper
setting of such monuments to be the sum of Seven Thousand Eight Hundred Ninety and
00/100 Dollars ($7,890.00), and that such is a reasonable estimate, and subdivider agrees to
furnish to County, prior to approval of the final map by the Board of Supervisors, security in
said amount to secure performance of his covenants under this agreement, in accordance with
Section 18.55.110 B. of the Land Division Ordinance.
6. The following paragraph shall apply if the security provided by the Subdivider is
in the form of a cash deposit:
(a) Such cash deposit shall be held in trust by the County.
(b) If the Subdivider does not present evidence to the Board of Supervisors that
he has paid the engineer or surveyor charged with the responsibility for setting said
monuments, and if such engineer or surveyor notifies the said Board that he has not been paid
by the Subdivider for the setting of said monuments and /or so amending the filed map said
Board may, within three (3) months from the date of said notification, pay the amount due to
him from such cash deposit, using said cash deposit for such purposes.
(c) In any of the events mentioned in paragraph 4 of this agreement, if the Board
of Supervisors directs the County Surveyor, or selects another engineer or surveyor, to so set
such monuments and /or to so amend the filed map, when such work has been completed the
County shall be entitled to use such cash deposit to reimburse itself for any and all expenses
incurred by it for such purposes.
(d) If and when the County Surveyor shall certify to the Board of Supervisors of
the County that all permanent and non - permanent interior survey monuments required for said
subdivision have been properly set in accordance with Section 66495 of the Government
Code, Section 8771 of the Business and Professions Code, and Sections 18.45.040 C. of the
Land Division Ordinance, and that all amendments of the filed map deemed by him to be
necessary under Sections 66496 to 66472, inclusive, of the Government Code have been
carried out, then so much of the cash deposit which has not been used or which the Board of
Supervisors has not determined to use, under this paragraph, shall be refunded to the
Subdivider.
7. It is mutually agreed that, if County should recover any sum from the Subdivider
under this agreement, or from the Subdivider or his Surety under any surety bond provided to
secure this agreement, that (apart from any attorney's fees or costs awarded to the County in
any suit) the County shall be deemed to hold any sum so recovered in trust, which it shall use
to pay, or reimburse itself for, those sums which the Subdivider agrees to pay under this
agreement.
2
8. The County shall not be deemed liable for any fee or expenses of any surveyor or
engineer, excepting one selected by the Board of Supervisors as mentioned by paragraph 4.
S. If any suit be brought by the County for enforcement of this agreement or for
recovery of any sum due under it, the Subdivider shall pay to the County, in addition to its
other obligations under this agreement, such reasonable attorney's fees as the court may
determine, and costs of suit.
10. This agreement shall be deemed operative when and if the Board of Supervisors
of County approves the final map of said subdivision, and provided that the Subdivider has
furnished to County the security hereinabove mentioned.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date
first mentioned herein.
COUNTY OF KERN
Count r erein
m9 d:1(QCh �C.0
Chairman, Board of Supervisors Subdivider
The undersigned, surety of the Subdivider in the security mentioned above, consents to
the foregoing agreement.
Dated this 20TH day of
JUNE
SEAL
� . ./
20 01
SAFECO INSURANCE COMPANY OF AMERICA
Surety
MARSH USA, INC.
Agent for Surety
1601 ELM STREET, SUITE 2100
Address of Agent for Surety
DALLAS, TX 75201
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public
for both Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
ACKNOWLEDGEMENT BY SURETY
STATE OF TEXAS
County of Dallas
Before me, Deborah Griffith, a notary public, on this day personally appeared Allyson
Dean, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this 20th day of June, 2001.
My commission expires 8 -23-03
Notary Seal
Deborah IIrnh
Comm. EVIMO Texas t ryPUbIiC
My Camm.fl�lm �BR8I03
l SAFECO- POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOMEOFFICE'. SAFECOPul
SEATTLE, WASHINGTON 98185
No 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, tices each hereby
appoint
.............. WRENCE W. WALDIF.. CARMEN MIMS, RRI AN M. LEBOW', DEBORAH GRH FITH,, ALLISON DEAN, DORO'I' fly VAU:A, Dallaq
its true and lawful atchheyfid in -fad, with full aulhodty to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the bourse of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
added these presents
this 23rd
day of
2000
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Adide V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice Prestmot. the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -factor under other appropriate titles with authority, to
exeMe on behalf o! the company fidelity and surety bonds and other documents of similar chaacer issued by the company in the course of its business.. On any on any
instrument making or evidencng such appointment, the signatures be impressed or all alny other mannerlreprotluced conferring pvideq hmover. hatrlhe seal shalll not
urgedakirg of the company, the seal, or a facsimile thereof, y p
be necessary to the validity, of any such instrument or undertaking."
Extract from a Resolution of the &am of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-On any certificate executed by the Secretary or an aaslslant secretary of the Company setting out,
(I) The provisions of Article V. Section 13 of the By -Laws, and
(F) Acopy ofthepowernlattorneyappointment, executed purwantmosto, and
(iii) Codifying that said powerbGaf.mey appointment is In full farce and effect,
the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof'
1, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cedity hat the
Foregoing extracts of the By -Laws and of a Rewlution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
coned, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of sold corporation
his 20TH day of JUNE . 2001
R.A. PIERSON, SECRETARY
SM67MISAEF 7IB8 O "hishoed Iradamark a( SAFECO Cwpna�oa.
=30(i
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California p }
C,ounty of I I Lcay—t ) ss.
Ong N I %-t before me,
DM
personally appeareilK�' -�� '
Nane(z)a[Si@ne(z)
V. C. PATION
CommtW=81162755
i v Notary Pubtk- CCllfamla _
Tulare County
WCp .BVVes NO 21,2001
PI.NWry seal Move
(5SOnally awn to ine
/❑ .proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to lne that he/she/they
executed the same in his/her /their authorized
capmty(ies), and that by his/her /their
signata[C(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the inst„nne t.
Wrl MSS my hand and official seal
sl®nmeotxwar PuNie
BOND NO. 6092482
BOND TO SECURE SUBDIVISION MONUMENTATION
TRACT 5829, UNIT TWO
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SAFECO INSURANCE COMPANY OF AMERICA ,a corporation
organized under the laws of the State of NASHINGTON (hereinafter designated as
(Surety "), possesses a valid certificate of authority from the Insurance Commissioner of the
State of California authorizing it to write surety insurance as defined in Section 105 of the
Insurance Code of California; and
WHEREAS, CENTEX HOMES, a Nevada General Partnership
(hereinafter designated as "Subdivider ") is the developer of the certain subdivision tract in the
County of Kern, identified by the number set out in the caption of this bond, and has entered
into an agreement with the COUNTY OF KERN (hereinafter designated as "County') which
is on file with the Clerk of the Board of Supervisors of County, wherein Subdivider has
agreed to set interior survey monuments in said subdivision tract within one (1) year from the
date of approval of the final map thereof, and has agreed to furnish to County security
guaranteeing performance of said agreement and payment of the cost of setting such
monuments;
NOW, THEREFORE, we the Subdivider (as Principal herein) and Surety are held firmly
bound to the County in the sum of Seven Thousand Eight Hundred Ninety and 00/100
Dollars ($7,890.00) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our respective successors, assigns and legal
representatives, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Subdivider (as principal herein) his,
their or its heirs, legal representatives, successors or assigns, shall in all things well, truly and
fully perform each and all the covenants in said agreement on his, their or its part to be
performed, and pay all sums which the Subdivider therein agrees to pay, promptly at the time
or times and in the manner therein specified, and if the County Surveyor shall certify to the
Board of Supervisors of the County that all interior survey monuments required for said
subdivision have been properly set in accordance with Government Code 66495, Section
8771 of the Business and Professions Code, and Sections 18.20.200 to 18.20.230,
inclusive, and Section 18.20.270 of the Final Map Subdivision Ordinance, and that all
amendments of the filed map deemed by him to be necessary under Section 66469 to
66472, inclusive, of the Government Code have been carried out, then this obligation shall
become null and void; and otherwise it shall be and remain in full force and effect.
The Surety further stipulates and agrees as follows:
(1) Said agreement may be amended by mutual agreement of the Subdivider and
the County, and extensions of time may be granted by the County for the completion of such
monumentation or the performance of any covenant in said agreement or any act or payment
thereunder, and the County may waive the performance of said agreement in any respect, at
any time from time to time, without notice to or consent of the Surety, and without prejudice
to the right of the County, or any other person so entitled, to recover against the Surety on
this bond, all of which the Surety hereby authorizes the County to do.
(2) Neither the death, bankruptcy, nor incapacity of the Subdivider, nor any sale,
conveyance, assignment or other transfer of any of the land within the Subdivision or interest
2
therein, whether voluntary, involuntary, or by operation of law, shall in any manner affect the
obligations and liability of the Surety under this bond.
(3) If any suit be brought by the County for recovery of any sum due under this
bond, the Surety shall pay to the County, in addition to the other obligations under this bond,
such reasonable attorney's fees as the court may determine, and costs of suit.
(4) The place of performance of the obligations of the Subdivider and this Surety
shall be the County of Kern, State of California.
(5) Any notice required to be given to the Surety may be given by personal service
or by placing it in the United States mail, postage prepaid, addressed to the Surety at the
address set forth below or if the Surety fails to set forth such address, then addressed to the
Surety at any of its offices.
IN WITNESS WHEREOF, the Principal and Surety have caused this document to be executed
this 20TH day of JUNE
CENTEX HOMES, a Nevada General Partnership
By:
Principal
SEAL
20 01
SAFECO INSURANCE COMPANY OF AMERICA
n
Surety
ALLYSON DEAN, ATTORNEY -IN -FACT
Agent for Surety
MARSH USA, INC.
Address of Agent for Surety
1601 ELM STREET, SUITE 2100, DALLAS, TX
75201
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public for both
Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
N
ACKNOWLEDGEMENT BY SURETY
STATE OF TEXAS
County of Dallas
Before me, Deborah Griffith, a notary public, on this day personally appeared Allyson
Dean, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this 20th day of June, 2001.
My commission -03
Notary Seal Deborah GrofT
rb0DMon.1Vj,0 sW
�e M1rYCOmm. eylre¢082yp7
aI � Notary Public
S A F E C O-
POWER
F OF ATTORNEY
SAFECO INSURAWCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAMOO PLAZA
SEATTLE. WASHINGTON 98185
No 7366
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
...........`LAWRENCE W. WALDIL; CARMEN MIMS, BRIAN M. LLBOW', DEBORAH GRIFPII11, ALLYSON DEAN, UORO'I IIY VAUX Dallu,'Ic . " " " " " "'
ds Ime and lawful anomey(s) -in -fact, with lull authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to End the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed aM
aCested these presents
this 23rd day of Febrmry . 2000
RA. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
-Article V. Section 13. - FIDELITY AND SURETY BONDS ._ the President, any Vice President, the Secretary , and any Assistant Vice President appointed for that
purpose by id officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropdate titles with authority b
execute on behalf of the company fidelity ant surety bonds ant other documents of similar character issued by the wmparry in the course of is business... On any
insWment making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument confening such authority or on any bond or
undertaking of the company, the seal, of a facsimile thereof, may be impressed or affixed or in any other manner reproduced. provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking,*'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the poweFof-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said powelofattorney appointment is In full force and effect,
the signature of the codifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof'
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cediy that lM
foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect .
IN WITNESS WHEREOF, I have hereunto set my hand ant affixed the facsimile seal of said corporation
this 20TH
day of JUNE • 2001
RA. PIERSON, SECRETARY
SA9745PEF 799 B fieplalered inme n irk W SAFECO Corp9ragem.
183019 POF
�CECO/gp'44
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CORPORATE
EAL
�a23 `y u�aw3s�
day of JUNE • 2001
RA. PIERSON, SECRETARY
SA9745PEF 799 B fieplalered inme n irk W SAFECO Corp9ragem.
183019 POF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californiap }
county of �i YQOG } ss.
On \ LL -z al D I ,before me, 1! r- i a
Dw Ns s Tide dOfi.(ag,"JSm Dar NM" Public')
personally appeared �I n. „- `147n,- %
Ne w(s)oBi®w(s)
V , C . PARON
Commlsslon # 1162255
y Notary Publk- Callfomia _
Tulare Cmn)y
My Carom. BP9es Nov 21, 2e 01
P1=Nomy3d Above
/B�personelly known to nre
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they
executed the same in hislher /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the persons),
or the entity upon behalf of which the persons)
acted, executed the instrument.
WITNESS hand and official seal.
Sk Publu
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5831, UNIT TWO
THIS AGREEMENT, made and entered into this 4 /4t day of 20-QL, by and
between the COUNTY OF KERN, a political subdivision of the State o California, herein called
"County", and CENTEX HOMES A NEVADA GENERAL PARTNERSHIP herein called "Subdivider',
WITNESSETH:
WHEREAS:
(a) Subdivider proposes to develop and subdivide a tract o land in the County of Kern
under the Subdivision Map Act (Government Code Sections _ _ et'seq., sometimes referred to
herein as "Map Act ") and under the Land Division Ordinance of the County of Kern (Kern County
Ordinance Code Section 18.05 at seq., sometimes referred to herein as "Ordinance "), and the Kern
County Development Standards, latest edition, (sometimes referred to herein as "Standards "); and
(b) The tentative map of said tract has been approved by the Board of Supervisors of Kern
County, subject to those conditions, variances or limited exceptions therein mentioned; and
(c) The Subdivider has submitted the final map of said tract to the Board of Supervisors
(referred to herein as "Board ") for approval, and desires to enter into an agreement with the County
for completion of all improvement work required to be done by the Subdivider under the provisions
of the Ordinance and the Standards.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
EFFECTIVE DATE:
This agreement shall be effective concurrently with approval of the final map of said
tract by the Board.
2. SUBDIVIDER TO COMPLETE IMPROVEMENT WORK:
(1) Subdivider agrees to faithfully, properly, and fully construct and complete all the
improvement work (referred to herein as the "work" or the "improvements" or the "improvement
work "), at its sole expense, in accordance with good engineering practices and in a good and
workmanlike manner, all according to the general conditions, specifications, plans and profiles
attached to this agreement and incorporated herein by reference, and which are identified as follows:
Exhibit A - Street Plan
Exhibit B - Special Provisions and /or Conditions
Exhibit C - Water Plan
Exhibit D - Specifications and Conditions for Water System
Exhibit E - Sewer Plan
County agrees to accept, subject to improvements and completion as herein provided, the
following described streets: Valentano Avenue, Lavine Avenue, Napoli Street and Soldi Way.
(2) When all of the required improvement work, or a separate unit of the
improvement work, has been properly and fully completed in accordance with this agreement, the
Subdivider may apply in writing for inspection thereof; and the County shall cause it to be inspected
and considered for acceptance or approval under Section 18.55.100 of the Ordinance.
TIME FOR COMPLETION:
The work shall be fully completed within one (1) year from the date of approval of the
final map, to -wit, on or before the A l t day of , 20 0 A,, or within
such extension of time as may be authorized by the oard under Section 18.55.120 of the
Ordinance.
4. MAINTENANCE OF IMPROVEMENTS PENDING ACCEPTANCE OF APPROVAL:
The Subdivider shall maintain all of the improvement work, and shall repair or replace
any improvement work which may deteriorate or be damaged or destroyed from any cause, subject
to release from such obligation as provided in Section 18.55.100 of the Ordinance.
5. REPAIR OF DAMAGE BY SUBDIVIDER TO ACCEPTED WORK:
The Subdivider shall repair or replace any damage to any work which has been
accepted or approved by the Board, as may be caused by any other undertaken by the subdivider or
his surety.
6. GUARANTEE AGAINST DEFECTS:
With respect to improvement work which has been accepted or approved by the Board,
the Subdivider shall guarantee and maintain the same against any defective work or labor done, or
defective materials furnished, in the performance of this agreement, which is reported in writing
delivered to the Clerk of the Board at any time within one (1) year after the operative date of
acceptance or approval of such work by the Board. The Subdivider shall promptly correct, repair or
replace any and all defects on demand.
PROVISIONS NOT LIMITATION ON LIABILITY:
None of the provisions of Section 4 through 6, inclusive, or this agreement, shall be
construed as limiting the scope or extent of any liability of the Subdivider under the law for any
willful or negligent act or omission of the Subdivider, his contractors, agents or employees.
8. DRAINAGE FACILITIES; CHANGES MAY BE REQUIRED
With respect to drainage facilities, the Subdivider agrees to carry out any changes or
alterations in the design or construction thereof as may appear necessary to the Board to protect life
or property in the exercise of its reasonable discretion, at any time prior to acceptance of approval
thereof.
9. IMPROVEMENTS GENERALLY; LIMITED CHANGES MAY BE REQUIRED:
With respect to other improvement work, the Subdivider agrees to carry out such
changes or alterations in the design or construction thereof as may appear necessary to the Board in
the exercise of its reasonable discretion for the accomplishment of the purposes of the Ordinance
and the Standards, provided, however, that the net aggregate cost of such changes or alterations
shall not exceed ten percent (10 %) of the original estimated cost of the improvements described in
this agreement, and further provided that, with respect to any particular feature of said improvement
work the estimated cost of which is separately itemized herein, such changes or alterations shall not
exceed ten percent (10 %) of such itemized cost of such feature, in any case taking into account the
aggregate of additive and deductive changes, and excluding such changes or alterations as may be
requested by the Subdivider and /or as may be required under Section 8 above.
10. CHANGES REQUESTED BY SUBDIVIDER:
(1) The Subdivider shall not change or alter the design, specifications or mode of
accomplishment of the improvement work as provided herein, except as authorized by the Board.
(2) If any such change or alteration requested by the Subdivider shall cause the
estimated cost of all work to be done to exceed the liability of his surety, or the amount of such
liability as increased under Sections 11 and 12, or the aggregate amount of other forms of security
for faithful performance of such agreement, as the case may be, authorization by the Board shall be
of no effect.
11. INCREASE OF IMPROVEMENT SECURITY RELATIVE TO CHANGES OR
ALTERATIONS:
(1) The amount of security for faithful performance shall be increased by the amount
of the cost of any additional work required by a change or alteration required or authorized under
Sections 8, 9 or 10 above.
(2) The amount of security for payment to contractors, etc., shall be increased in a
amount which is that proportion of the amount of increase mentioned in paragraph (1) above, as the
original security for payment to contractors, etc. (as fixed by the Board) bears to the original amount
of the security for faithful performance (as fixed by the Board).
(3) If security is in the form of a corporate surety bond, it shall provide that the
liability of the surety thereunder shall automatically increase in the respective amounts mentioned in
paragraphs (1) and (2) above, in case the Board requires or authorizes any change or alteration under
Sections 8, 9 or 10 above, subject to the limitations in Section 12 below. If such bond lacks such
provisions, the Subdivider shall procure its amendment to so provide, or shall procure an increase in
its amount or shall furnish additional security conforming to Section 18.55.070 E. of the ordinance,
in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or
alteration requested by the Subdivider, or, in any case, within a reasonable time after an order of the
Board requiring a change or alteration.
(4) If security is in the form of a corporate surety bond, and by reason of any
limitation in Section 12 below the amount of liability of the surety thereon is less than the amount of
security should be with the respective increases mentioned in paragraphs (1) and (2) above, the
Subdivider shall furnish additional security conforming to Section 18.55.070 E. of the Ordinance, so
as to cause the aggregate amount of security to be in accordance with paragraphs (1) and (2) above,
as a condition to approval of any change or alteration requested by the Subdivider, or in any case,
within a reasonable time after an order of the Board requiring a change or alteration.
(5) If the security is in a form other than a corporate surety bond, the Subdivider
shall increase the amount thereof, or shall furnish additional security conforming to Section
18.55.070 E of the ordinance, in accordance with paragraphs (1) and (2) above, as a condition to
'. approval of any change or alteration requested by the Subdivider, or in any case, within a reasonable
time after an order of the Board requiring a change or alteration.
12. LIMITATION ON LIABILITY OF CORPORATE SURETY RELATIVE TO CHANGES OR
ALTERATIONS NOT APPROVED BY SURETY:
With respect to such changes or alterations as to which the consent of a corporate
surety is not obtained, the amount of increase in its liability under its improvement security for
faithful performance and for security for payments to contractors, etc., respectively, shall not
exceed in the aggregate ten percent (10 %) of the original amount of such security as fixed by the
Board in any case taking into account both additive and deductive changes, and excluding such
changes or alterations as may be requested by the Subdivider and expressly approved by the surety.
13. FAILURE TO TIMELY COMPLETE WORK OR COVENANTS:
If the Subdivider or his surety shall fail to complete the improvement work or perform
his covenants faithfully, properly and in full accordance with this completion agreement, all within
one (1) year from the date of this approval of the final map by the Board, or within any extension of
time as the Board may authorize under Section 18.55.120 of the Ordinance, County shall be entitled
to exercise its right of recovery upon any corporate surety bond given to secure faithful performance
(or if the improvement security is in a form other than a corporate surety bond, the County shall be
entitled to possession of and title thereto and the proceeds thereof), in either case without any prior
notice and without prejudice to any other remedy the County may have in the premises at law or in
equity, including but not confined to the option to cause the work to be completed as provided in
Section 15 or to cause any covenant to be performed under any other applicable provisions of this
agreement.
14. FAILURE TO BEGIN WORK OR PERFORM COVENANTS AND CONTINUOUSLY
PERFORM, AFTER NOTICE.
(1) If the Board in the exercise of its reasonable discretion shall determine:
(a) That the Subdivider has failed or neglected to begin the work, or any
feature of the work, within a time which will reasonably allow its completion within the time (or any
valid extension of time) provided in this Agreement; or
(b) That the Subdivider has abandoned any of the work; or
(c) The Subdivider has failed to keep the work under direct control of a
superintendent, manager, engineer, or other competent agent; or
(d) That the Subdivider (if he shall be an individual person) has been declared
incompetent or placed under the care of a guardian or conservator, or has disappeared, or is
deceased; or
(e) That the Subdivider has filed a petition in bankruptcy or has been declared
bankrupt; or
(f) That the Subdivider has failed or neglected to timely perform any of his
covenants in this agreement; or
(g) That there is any other circumstance showing that the County is not
reasonably secure in the proper and timely performance of this agreement or any covenant therein;
0
then, upon any such determination, the Board shall be entitled to give the Subdivider and his surety
fourteen (14) days written notice to begin the work or perform such covenant and /or to diligently
and continuously perform such work or covenant.
(2) If the Subdivider or his surety shall fail to do so within such fourteen (14) day
period, the County shall be entitled to exercise its right of recovery upon any corporate surety bond
given to secure faithful performance (or if the improvement security for faithful performance is in a
form other than corporate surety bond, the County shall be entitled to possession of and title thereto
and the proceeds thereof), without any additional notice and without prejudice to any other remedy
the County may have in the premises, at law or in equity, including but not confined to the option to
cause the work to be completed as provided in Section 15 or to cause any covenant to be
performed under any other applicable provision of this agreement.
(3) Without limiting the generality of the foregoing provisions of this section, the
covenants of the Subdivider provided in Section 4, 5, and 6 shall be deemed to be covenants within
the meaning of this Section.
15. OPTION OF COUNTY TO CAUSE WORK TO BE DONE OR COVENANTS PERFORMED:
(1) In any event mentioned in Section 13, or after a determination and notice by the
Board of Supervisors and expiration of the period mentioned in Section 14, the County shall be
entitled, at its option and in the discretion of the Board, to cause all or any part of the improvement
work to be done and /or to cause all or any covenants of the subdivider to be performed, in
accordance with the agreement and the specifications therein, for the account and at the expense of
the Subdivider and his surety.
(2) If the County shall so elect to cause all or any part of the improvement work to
be done, it shall also be entitled, at its option and in the discretion of the Board, to perform all or any
of the covenants of the Subdivider mentioned in Sections 4, 5, and 6, for the account and at the
expense of the Subdivider and his surety, without any additional notice.
(3) In so doing the County may cause such work to be done or such covenants to
be performed by independent contractors, by County officers and employees, or by the services of
any public agency, or public utility company, or by any combination thereof.
(4) In so doing the County may cause any necessary additional planning to be done
or specifications to be prepared, and may procure or provide such equipment, fuel, materials, labor,
supervision, inspection, and expert assistance, insurance and bonds, as may appear reasonably
necessary to properly accomplish such work, or the performance of such covenants.
(5) In so doing the County shall be entitled to use, at its option, any equipment,
fuel, materials, or other property of the Subdivider as may be upon the site for the purposes
mentioned in this section, but shall not be limited thereto.
(6) The Subdivider and his surety shall be liable to the County and shall pay County
on demand for all expenses incurred by the County in the respects mentioned in this section,
including a reasonable amount for the administrative expenses incurred by the County. The
maximum liability of the surety in such case shall not exceed the amount of its bond, and any
increase thereof under Sections 11 and 12, and such other sums as the surety may be required to
pay under the express provisions of the bond. If any suit be brought by the County for recovery
from the Subdivider of an expenses incurred by the County under this Section 15, the Subdivider
shall pay to the County, such reasonable attorneys fees as the court may determine, in addition to
costs of suit.
_ (7) The County shall not be required to cause any such work to be done or any such
covenant to be performed, to be entitled to recover or have the amount of the faithful performance
security.
(8) The County shall not be prejudiced with respect to any remedy it may have in
the premises, including but not confined to its right to recover or have the amount of the faithful
performance security, by virtue of its right to cause such work to be performed, or by virtue of doing
all or any part of such work or performing all or any part of such covenant, or by not causing it to be
done, or by undertaking to do so and terminating its efforts for whatever cause.
16. INDEMNIFICATION PROVISIONS:
(1) The Subdivider shall, and it does hereby agree to, hold harmless, indemnify and
defend the County, its governing board, officers and employees from each and every liability, loss,
claim or demand which may arise or may be made in connection with the improvement work by
reason of:
(a) Any act, omission or neglect of the Subdivider, its officer, employees,
agents, engineers, contractors, subcontractors, independent contractors, or independent
subcontractors; or
(b) Any personal injury or death of any person, or any damage to or loss of
any property sustained by any person, firm or corporation, and for which the Subdivider is legally
liable; or
(c) Any damage to or taking of any property arising from any plans,
specifications or profiles attached hereto, or otherwise arising from the improvement work.
(2) Nothing in this article shall be construed to require the Subdivider to indemnify
against any responsibility or liability in contravention of Section 2782 of the California Civil Code,
including any loss arising from a design defect which is the result of the sole negligence of the
County.
(3) The Subdivider hereby waives all claims and recourse against the County,
including the right to contribution or indemnity, for any personal injury to, or death, of the Subdivider
or any person, or for any damage to or loss of any property sustained by the Subdivider or any
person, firm or corporation, arising from or in any way connected with or incident to this contract or
its performance, except in the case of active negligence of the County or of its governing board,
officers or employees for which the County is legally liable.
(4) The Subdivider shall, and it does hereby agree to, at its own cost, expense and
risk, timely, diligently and adequately defend any and all actions, suits or legal proceedings which
may be brought against the County, its governing Board, officers, or employees on any liability,
claim or demand which it has agreed to indemnify against under this Section 16, satisfy any
resulting final judgment that may be rendered against any of them therein. In any such event the
Subdivider shall, on gaining information thereof, promptly notify the County and undertake such
defense. In such event the Subdivider shall retain the right of control of the defense; provided,
however, that the County shall have the option of defending and representing itself or its governing
board, or any of its officers or employees, and in such case the Subdivider shall not be required to
bear any attorneys' fees or expenses of litigation incurred by the County in so doing. Nothing in this
paragraph shall be deemed to excuse the Subdivider from payment of any attorneys' fees or
expenses of litigation incurred by the County as a result of failure by the Subdivider to timely,
diligently or adequately represent or defend in accordance with this paragraph after having been
requested to do so.
(5) It is mutually agreed that the surety of the Subdivider under the improvement
security shall not be deemed liable for the performance of any of the covenants or indemnities of the
Subdivider in this Section 16, unless such surety shall undertake the completion of an improvement
or the conduct of work required to be done or the performance of a covenant of the Subdivider
under this agreement, and then only to the extent of an act, omission or neglect of the Surety, its
officers, employees, agents, engineers, contractors, subcontractors, independent contractors, or
independent subcontractors in the course thereof.
17. SUBDIVIDER AND ITS CONTRACTORS TO CARRY WORKER'S COMPENSATION
INSURANCE:
The subdivider agrees to secure, maintain and timely pay all premiums on, and cause
his contractors and subcontractors to secure, maintain and timely pay all premiums on, Worker's
Compensation Insurance as required by the California Labor Code and amendments thereto, at all
times until their respective work is completed, and furnish to County satisfactory evidence thereof
on request.
18. SUBDIVIDER TO PROVIDE POLICY OF LIABILITY INSURANCE:
(1) The Subdivider agrees to secure, maintain and timely pay all premiums on, a
policy or policies of broad form comprehensive liability insurance in the amounts, and with the
coverage and endorsements set forth below, in form and with insurance companies satisfactory to
the Board, by the terms of which the named insured and additional insureds are indemnified against
liability for any bodily injury or death of any person, or any damage to or loss of any property
sustained by any person, firm or corporation, and for which the Subdivider is legally liable.
(2) The limits of such policy, or the aggregate limits of such policies, shall be not
less than:
(a) Bodily injury liability:
$300,000 each person; $500,000 each occurrence;
Property damage liability:
$50,000 each occurrence; $100,000 aggregate; or, at the
option of the Subdivider:
(b) $500,000 combined single limit bodily injury liability and
property damage liability.
(3) Said policy or policies shall contain provisions or endorsements as follows;
(a) Showing the County, its governing board, officers, employees and agents
as additional insureds.
(b) Providing blanket contractual liability coverage for the Subdivider's
indemnity obligations for personal injury or death of any person, or for any damage to or loss of
property, and for which the Subdivider is legally liable.
(c) Providing broad form property damage liability coverage, including but not
confined to, damage caused by blasting, collapse, structural injuries and damage to underground
utilities. Such policy or endorsement shall not contain the so called "X ", "C" or "U" exclusions.
(d) Providing coverage of the Subdivider's products and completed
operations.
(e) Providing "cross liability" or "severability of interest" coverage for all said
additional insureds.
(f) Providing that any other insurance maintained by the County, its
governing board, officers, employees, or agents is excess and not contributing insurance with
respect to the insurance carried by the Subdivider.
(g) Providing that the coverage afforded said additional insureds shall not be
prejudiced by any failure of the Subdivider or any other person to comply with any notice
requirements of such policy.
IN Providing that such policy may not be canceled nor may the coverage
thereof be reduced, nor may any provision of the endorsement thereof be amended or revised in any
manner detrimental to the interests of said additional insureds, until expiration of thirty (30) days
after written notice thereof has been delivered to the County Administrative Officer.
(4) The Subdivider shall maintain the insurance coverage required in this section and
pay all premiums promptly when due, at all times until expiration of one (1) year after all
improvement work mentioned in the agreement has been accepted or approved by order of the
Board.
(5) Prior to presentation of the final map to the Board for approval, the Subdivider
shall file with the County Surveyor a certificate of insurance, showing the insurance coverage
required under this section.
(6) Within thirty (30) days after approval of the final map by the Board, the
Subdivider shall file with the County Surveyor (a) a true copy, certified by the insurance carrier, of
said policy (or policies) and all endorsements thereon, showing the insurance coverage required
under this section, and (b) a true copy of a receipt showing payment of all premiums on such policy
or policies.
(7) At all times during which the Subdivider is required to maintain insurance
coverage under this section, there shall be filed with the County Surveyor promptly after issuance a
true copy, certified by the insurance carrier, of: (a) any endorsement or certificate showing renewal
of any policy (or policies) required under this section; or (b) any policy which renews or replaces any
such policy with all endorsements thereon; or (c) any new or amended endorsement. (The filing of
any such policy, endorsement or certificate shall not be deemed to excuse the carrier from furnishing
any notice required in paragraph 3(h) above). The Subdivider shall also promptly file with the
County Surveyor a true copy of the receipt showing payment of all premiums due on account of any
such renewal or replacement.
(8) If at any time during which the Subdivider is required to maintain insurance
coverage under this section, the Subdivider or its surety shall fail to maintain the insurance coverage
so required, or to promptly pay all premiums thereon when due, or if any policy (or policies) so
required is canceled or if the coverage therein is reduced or any provision of endorsement therein is
amended or revised in any manner detrimental to the interest of the County or other additional
insureds, the County shall be entitled to make written demand upon the Subdivider for payment of
such delinquent premium or replacement of such policy or coverage, provisions or endorsement, as
the case may be, and if such default is not cured within seven (7) days from the date of such
demand, the County shall be authorized, at its option exercised by and in the discretion of the Board
or County Administrative Officer, to pay all or part of such delinquent premium or to obtain a
replacement policy, coverage, provision or endorsement, as the case may be, similar to that required
by this section, provided that by so doing it shall have no obligation to obtain coverage for the
Subdivider or his surety, except at its option; and upon demand by County the Subdivider and its
N
surety, jointly and severally, shall be obligated to and shall reimburse the County for any premiums
incurred by the County in any such respect.
19. LIABILITY INSURANCE; BOARD MAY REQUIRE OR AUTHORIZE ADDITIONAL OR
MODIFIED COVERAGE OR ENDORSEMENTS:
(1) In exercise of its reasonable discretion, from time to time, the Board is
authorized to require the Subdivider to furnish other or additional coverage or endorsements in
connection with insurance coverage required in Section 18, as it may determine to be in the public
interest, or for the proper protection of the County, its governing board, officer, employees or
agents, provided that such coverage or endorsement is generally available to persons doing similar
improvement work from insurance companies admitted under the laws of California. Subdivider
agrees to secure, maintain, and timely pay all premiums on, such other or additional coverage or
endorsements within a reasonable time after written demand therefor from the County, and to
promptly file with the County Surveyor a true copy of the policy or endorsement evidencing the
same, certified by the insurance carrier; and such coverage or endorsement shall be subject to all of
the provisions of the paragraphs 3 through 8, inclusive, of Section 18.
(2) The County and the Subdivider may, by mutual agreement, amend this
agreement to provide for modification or deletion of coverage or endorsements in connection with
insurance coverage required in Section 18, of the Board determines that such coverage or
endorsement is not generally available to persons doing similar improvement work from insurance
companies admitted under the laws of California.
20. IMPROVEMENT SECURITY:
(1) The Subdivider shall file with the Clerk of the Board, prior to the approval of the
final map of said tract, good and sufficient improvement security in accordance with Sections
66499 through 66499.10, inclusive, of the Map Act and Section 18.55.090 of the Ordinance.
(2) All improvement security shall remain in full force and effect, and any
improvement security in form other than corporate bond shall be held and retained by the County, at
all times until reduced or released in accordance with the provisions of Section 18.55.130 of the
Ordinance; provided; however, that with approval of the Board, one form of security authorized by
Section 18.55.090 of the Ordinance may be substituted for security previously furnished.
(3) Security for faithful performance shall be separate in form and amount from
security for payment to contractors, etc.
(4) In accordance with Section 66499.6 of the Map Act, all such security shall be
held by the County as a trust fund to guarantee and secure performance of the Subdivider's
obligations under this agreement, and shall not be subject to levy or attachment by any creditor of
the Subdivider or creditor of any other depositor of such security, except when and to the extent
that such security is reduced or released under Section 18.55.130 of the Ordinance.
(5) Security for faithful performance shall secure faithful, proper, full, and timely
completion of all improvement work and all the Subdivider's covenants in this agreement, including
but not confined to maintenance of improvements pending acceptance or approval, repair of damage
to accepted work, and guarantee against defects, as provided in Sections 4, 5, and 6.
(6) Security for payment of claims of Contractors, etc.,shall secure payment of all
claims and sums mentioned in Section 66499.2 of the Map Act, including but not confined to costs,
reasonable expenses and fees (including reasonable attorney's fees) incurred in successfully
enforcing such obligation.
(7) The extent of the Subdivider's liability under this agreement shall not be deemed
limited to the amount of the improvement security in any case. No limitation upon the liability of a
corporate surety in this agreement shall be construed as a limitation on the liability of the Subdivider.
(8) If the security is in the form of a corporate surety bond, it shall contain those
provisions in Sections 18.55.090 E and F of the Ordinance, among others. _
(9) If the security is in the form of a letter of credit, it shall conform with Section
18.55.090 H of the Ordinance among others.
(10) If the security is in the form of a letter of credit, it shall also contain those
provisions in paragraph 1 of Section 18.55.090 H.4, 5. and 6. of the Ordinance, among others, and
shall further provide that the bank or other institution issuing same agrees to pay to County all costs
and reasonable expenses and fees, including reasonable attorneys' fees, incurred by it in
enforcement of same or collection of any draft drawn under it; and the Subdivider agrees that he
shall furnish a new letter of credit, or other form of security under Section 18.55.090 of the
Ordinance, at least sixty (60) days prior to expiration of the letter of credit initially furnished, in the
same amount, adjusted for any increases under Section 18.55.070 E. and for any reductions under
Section 18.55.130 and that, if he shall fail to do so, the full amount of the letter of credit shall be
forthwith payable to the County, whereupon the proceeds shall be held in trust by the County for
like security purposes under Section 18.55.090, and that any sum so paid to the County may be
deposited by it in banks or otherwise invested in the manner provided by law for trust funds in its
custody, in which case the County shall be entitled to retain all interest, if any, earned thereon,
while so deposited or invested.
0 1) The estimated cost of the various features of the work of improvement to be
used as the basis for determination of the amount of such security and for reduction of security in
accordance with other provisions of this Agreement, is as follows:
Street, Drainage, and Miscellaneous Improvement $475,833.00
Water System Improvements 132,415.00
Sewer System Improvements 98.152.00
Total 706,400.00
21. WATER SYSTEM: SPECIAL PROVISIONS:
If a water system is part of the improvement work, or if the Subdivider installs a water
system in conjunction with other improvement work in the subdivision or prior to its completion, the
Subdivider agrees as follows:
(1) Those water lines and other parts of the water system which may be located
within the boundaries of any street, highway, alley or way which is or will be offered for dedication
for public use or which has been dedicated to public use, shall be under or brought under a franchise
issued by the County or a statutory franchise, in accordance with the provisions of this section.
(2) In case the Subdivider proposes to transfer the ownership or operation of such
water system to a water company or district, the transferee shall hold a franchise issued by the
County or a statutory franchise, applicable to the proposed water system; and further the subdivider,
or such transferee water company or district, as the case may be, shall covenant with the County
that the right to maintain and operate those water lines and other parts of such system within the
boundaries of any street, highway, alley or way which is or will be offered for dedication for public
10
use or which has been dedicated to public use shall be solely under a franchise issued by the County
or such statutory franchise, as the case may be; provided that the subdivider may take such a
transfer to a water company lacking such a franchise, it shall also covenant with the County that,
within a reasonable time after such transfer, it shall apply for, bid upon, and do everything necessary
to perfect such a franchise under that statute with terms most favorable to the County as may be in
effect at the time of its application.
(3) The covenants required of the transferee in paragraph (2) shall be furnished to
the County, prior to consummation of any such transfer.
22. CONFORMITY TO LAWS; OBTAINING PERMITS:
Subdivider agrees to conform to all laws, regulations and ordinances, including but not
limited to those relating to burning, air pollution and explosives. Subdivider agrees to obtain all
required permits in a timely manner.
23. EFFECT OF WAIVERS:
No waiver or indulgence by the County with respect to the performance of any duty
agreed to be performed or the payment of any sum agreed to be paid by the Subdivider or its surety
at any time shall be deemed to be a waiver or indulgence by the County or extension of time with
respect to any other duty or payment or at any other time.
24. ATTORNEYS FEES ON SUIT:
If any suit be brought by the County for the recovery of any sum due under this
Agreement, for any damages for the breach of this Agreement, or to compel performance of this
Agreement, the County shall be entitled to such reasonable attorneys fees as the Court may
determine, in addition to its costs of suit.
25. GENERAL PROVISIONS:
(1) The place of performance of the obligations of the principal and any surety on
any improvement security mentioned herein, shall be the County of Kern, State of California.
(2) Any notice required to be given by one party to another party under this
Agreement shall be given either by personal service or by ordinary United States Mail, postage
prepaid, and in case of notice to the subdivider, to the address shown at the end of this Agreement,
and in case of notice to County, to the Board of Supervisors, Kern County Court and Administration
Building, 1415 Truxtun Avenue, Bakersfield, California.
(3) Subject to any provisions of this Agreement limiting the right or power to assign
this Agreement or any part hereof, it is mutually agreed that the provisions of this Agreement shall
be binding upon and shall insure to the benefit of the parties to this Agreement and their respective
heirs, personal representatives, successors and assigns.
11
IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the
day and year first mentioned herein.
APPROVED AS TO CONTENT:
By:
Director of Engine Ling
& Survey Services D partment
COUNTY OF KERN
�
By. P Chairman, Board of Supervisors
( "County" herein)
By:
( "Subdivid r herein)
l�O S. �E 77C+L
Sub ivider's Address
r la �(d• Z-322 )
The undersigned, surety of the Subdivider on the improvement security mentioned above, consents
to the foregoing Agreement.
Dated the 14TH day of AUGUST , 20 01 _
Sur
Agent for Sure A LYS0N DEA 0RNEY- IN -FA(
MARSH USA INC.
Agent for Surety's Address
1601 ELM STREET /2100 DALLAS, TX 75201
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public for
both Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
county otT.V.a DY ! i
ss.
✓�w�
On Dm --', / . /be�fare me, N.o �
T;ncoro(ca, *J• Dn NaWrwuiK'�
personally appeared
_ Nsme(s)ofaigye(Q
V C PA70N
,` Commis o k 1162255
o NOCry Punjc - Co[If omia
\ Aare Count'
z MY Ca^ a-eSNov21,2001
rr=NamysdtAbm
sonalty known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) islare
subscribed to the within instrument and
acknowledged to me that he/shelthey
executed the same in his/her /their authorized
capacity('a:s), and that by his/her /their
signanne(s) 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.
sip.uwerNOmr wm><
ACKNOWLEDGMENT BY SURETY
STATE OF TEXAS l
1 ss.
County of DALLAS )
On this 14th day of August 2001 , before me personally
appeared ALLYSON DEAN mown to, me to be the Attomey -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA
the corporation
that executed the within instnunent, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in this certificate Forst above written.
Notary Public iuide State of TEXAS
(Seal) ENDOETTE 6. JACKSON County of DALLAS
NotMy PuWlc, State of Teas
My Cgn0leGion EV"ee
Aupu�l07, ]004
540230IGEEF 10/08
SAFECO INSURANCE COMPANY OF AMERICA
POWER
S A F E C O° GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOMEOFRCE. SAFECOPtA2A
F SEATTLE, WASHINGTON 98105
No ]306
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby
appoint
111 ^1° °LAWRENCE W. WALDIE; CARMEN MIMS, BRIAN M. LEBOW, DEBORAH GRIFFITH, ALLYSON DEAN; BRIDGETE S. JACKSON, Dallas, Tcxu' ^ °°^
its We and lawful ammay(s) in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the dourse of its business, and to bind the respective tympany Hereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this la day of lux, , 3001
R.A. PIERSON, SECRETARY MIKE MdddGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
-Ad Mae V, Search 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appotnled for Nat
Purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as adomeys in -fact or under other appropriate titles With authority b
execyte on behalf of the company fidelity and surety bonds and Other documents of similar character issued by the company in Me course of its business... On any
hrsWmenl making a evidencing such mminment, the signatures my be affixed by facsimile. On any instrument conferring such authmlly or on any bond or
urgedaking of Me company, the seal. Or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; prevlded, however. that the seal shall not
be nemamr, to the vial rlity of any such instrument or undertaking.'
Extract from a Resolution of the Board Of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 19]0.
'On any cert0oate executed by the Secretary OF an assistant secretary of the Company setting out.
(g The previstons of Article V, Section 13 of the By -Laws, and
(b) A dopy of the powerd-atlomey appointment, executed pursuant thereto, and
(W) Cergfying that said power.Ofattomey appointment is in full force and effect.
Me sgnamre of the car irg officer may be by facsimile, and the seal of the Company may be a facsimile thereof'
1. R.A. iSma e. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregning exlracls of Wre Bylaws add of a Resolution of the Board of Directors of these cwperatbns, and of a Power of Attorney issued pursuant thereto, are We and
dorted, and Nat both the Bylaws. Me Resolution and the Power M Atlamey ere still in full lonce OM effect.
IN WITNESS WHEREOF, I have hereunto set my hard and aRUed the facsimile seal of said dorporetion
this 14TH dayof AUGUST I 20a]
A
RA- PIERSON. SECRETARY
sWTYSAEF gAl 6A r.'s read 1ralwnwk of SAFECO Caporaeon
&nRt POF
T.P.
WIVJI. NULYYALIV Ytlt. F'LHIt IVU. n -JL 6Q.
K -3J.
OF K.C.D.S. TYPE 2-A (TYP.)
- TRACT BOUNDARYI
- TOP OF PAVING
- CONST. 6' MASONRY WALL PER PLATE NO.
R -61
OF K.C.D.S
- CONST CROSS GUTTER PER PLATE NO. R -50
OF
K. C. D. S.
CONST. CURB AND GUTTER PER PLATE NO.
R -43
OF K.C.D.S. TYPE A2 -6 (TYP.)
- CONST WHEEL CHAIR RAMP PER PLATE NO.
R -48
OF K.C.D.S
- CONST DRIVEWAY BREAKDOWN AND APPROACH PER
PLATE NO. R -44 OF K.C.D.S
i G4- fc(o02
,INEERING & SURVEY SERVICES DEPT.
�•�.
C6,70 35
1D CO MISSIONER
EXHIBIT
PLAN OR MAP #367
/(plot
DATE
8/'416
DATE
"A
TRACT 5831 — UNIT TWO
STREET PLANS & PROFILES
SmithTecht. USA
INCORPORATED
HABERFELDE BUILDING
1424 17TH STREET
BAKERSFIELD, CALIFORNIA 93301
(805) 327 -8492 FAX 327 -8493
,'ez- o/
ROBERT E. SMITH RGE 35473 DATE
JOB NO. - 98 -103 SHEET I OF 6 SHEETS
EXHIBIT "B"
SPECIAL PROVISIONS AND /OR CONDITIONS
TRACT 5831 -2
1. DEFINITIONS:
For the purpose of these Special Provisions and /or Conditions, the following terms shall be
defined as herein provided:
(a) "Public Agency" shall mean the State of California, the County and the City located within
the County, or any District formed under the State Water Code.
(b) "Land Division Ordinance" shall mean Ordinance of the County, as set forth in Title 18,
Division 1, Chapter 1, consisting of Section 18.05 to Section 18.85, both inclusive, of the
Ordinance Code of the County.
(c) "Agreement" shall mean the Agreement attached hereto, of which these Specifications
are a part.
(d) "Subdivision" shall mean the subdivision of land referred to in the Agreement.
(e) "Plans and Profiles" shall mean the plans and profiles designated as Exhibit "A" in the
Agreement.
(f) "Development Standards" shall have the same meaning as defined by Section 18.70.120
of the Land Division Ordinance.
2. INCONSISTENT PROVISIONS:
In the case of conflict between any of the provisions of the Land Division Ordinance and any of
the provisions of the Standard Specifications or the Plans and Profiles, the provisions of the Land
Division Ordinance shall prevail.
3. ROAD APPROACHES:
The subdivider shall improve all roadway approaches from the subdivision to adjoining highways
or rights -of -way belonging to public agencies. Said roadway approaches shall be improved in
accordance with the requirements and /or specifications of the public agency affected. The
Subdivider shall also furnish evidence to the County that permission has been granted to the
Subdivider for such improvement work by the public agency affected, provided, however, that the
"Agreement" shall constitute authority for the Subdivider to do such improvement work in
connection with the adjoining highways or rights -of way which belong to the County.
4. REMOVAL OF OBSTRUCTIONS:
Attention is directed to section 18.55.030 A6 of the Land Division Ordinance.
5. DRAINAGE:
The Subdivider at his or her sole cost and expense shall construct, install and provide the
drainage improvements and facilities (including the construction and installation of cross - drains
and cross - gutters) prescribed for the "Subdivision" in the plans and profiles, pursuant to and in
accordance with specifications and details set forth therein, provided, however, that if at any
Exhibit "B" - page 2
time prior to the acceptance of the improvement work for the "Subdivision" by the County, it is
determined by the County Surveyor that the drainage improvements or facilities prescribed for the
"Subdivision" in the plans and profiles will not provide adequate drainage for the disposal of
drainage waters for the "Subdivision" due to erroneous data or information furnished to the said
County Surveyor by the Subdivider, or his or her agents, employees, or engineers, and which
erroneous data was considered by the County Surveyor in approving the drainage improvements and
facilities prescribed for the "Subdivision" in the plans and profiles, then and in that event and
notwithstanding the approval of said plans and profiles by the County Surveyor, The Subdivider shall
at his or her sole cost and expense provide such additional drainage improvements or facilities as
shall be determined necessary by the County Surveyor to adequately dispose of the drainage waters
of the "Subdivision ", including the disposal of such drainage waters to points beyond the territorial
limits of the "Subdivision ", as approved by the County Surveyor, provided, further, that if the plans
and profiles for this "Subdivision" fail to provide for the construction of a cross -drain or cross - gutter
at any street or alley intersection within the "Subdivision ", and if it is determined by the County
Surveyor that said omission was due to inadvertence, and that said cross -drain or cross - gutter is
necessary to provide adequate drainage for the "Subdivision ", then and in that event and
notwithstanding said omission in the said plans and profiles, the Subdivider shall construct such
cross -drain or cross - gutter in accordance with such specifications are details as are prescribed by
the County Surveyor.
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KERN COUNTY
_- -- ____ -- - - -
SUMMARY
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26 - 1" LONG SERVICES /COMMON TRENCH
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EXHIBIT "D"
SPECIFICATIONS AND CONDITIONS
WATER SYSTEM
TRACT 5831 -2
1. DEFINITIONS:
For the purpose of these Specifications, the following terms shall be defined as herein provided:
(a) "Public Agency" shall mean the State of California, the County and the City located within
the County, or any District formed under the State Water Code.
(b) "Land Division Ordinance" shall mean Ordinance of the County, as set forth in Title 18,
Division 1, Chapter 1, consisting of Section 18.05 to Section 18.85, both inclusive, of the
Ordinance Code of the County.
(c) "Agreement" shall mean the Agreement attached hereto, of which these Specifications
are a part.
(d) "Subdivision" shall mean the subdivision of land referred to in the Agreement.
(e) "Plans" shall mean the plans of the water distribution system and appurtenant facilities,
Exhibit "C ", as approved by the County Surveyor.
(f) "Development Standards" shall have the same meaning as defined by Section 18.70.120
of the Land Division Ordinance.
2. INCONSISTENT PROVISIONS:
In the case of conflict between any of the provisions of the Land Division Ordinance and any of
the provisions of the Standard Specifications or the Plans and Profiles, the provisions of the Land
Division Ordinance shall prevail.
In the case of a conflict between any of the provisions of these Specifications and any of the
provisions of the Plans, and of other included detailed specifications, the more restrictive condition
shall prevail.
3. SURVEY MONUMENTS:
The subdivider shall have replaced, by a Licensed Land Surveyor or qualified Registered Civil
Engineer, any survey monuments or stakes damaged, moved, or covered up during the process of
this work, in accordance with Section 8771 of the Land Surveyor's Act.
4. COMPLETION OF WORK:
The subdivider shall correct any work which is defective and not in accordance with the plans
and specifications before final acceptance.
The Subdivider shall at no time make a "wet tie -in ", or turn off on any existing gate valve
without proper authority from the local water company or agency having jurisdiction.
Exhibit "D" -page 2
5. FRANCHISE FOR WATER SYSTEM:
(a) Unless the Subdivider already holds a franchise granted by the County for the water
system, the Subdivider covenants that he or she shall, in conformity with Article 1 of Chapter 1 of
Division 3 (commencing with Section 6001) of the Public Utilities Code, apply for such franchise
on or before expiration of three months from the date of this agreement, and thereafter bid therefore
and do everything necessary to perfect such franchise within a reasonable time, under the statute
with terms most favorable to the County as may be in effect at the time of such application.
(b) Subdivider further covenants that, from and after approval of the final map, the right to
maintain and operate those water lines and other parts of the water system or any extension thereof
within the boundaries of any street, highway, alley or way which is or will be offered for dedication
for public use or which has been dedicated to public use, shall be solely under a franchise issued
by the County or a statutory franchise, as the case may be.
(c) Subdivider covenants that he or she shall not transfer the ownership or operation of the
water system to any water company or district unless and until it (1) holds a franchise issued by
the County, or a statutory franchise, as the case may be, applicable to such water system, and (2)
has furnished the County with a written covenant wherein it shall agree that its right to maintain
and operate those water lines or other part of the water system or any extension thereof within the
boundaries of any street, highway, alley or way which has been offered or dedicated to public use
shall be solely under such franchise.
" I MAX.
I MIN.
L TRENCH
IN DETAIL
ED AREAS
1. S -1 N.T.S.
k
INITIAL
BACKALL
HA�ING
�EBEDDING 6" MINIMUM
FOUNDATION FOR
UNSUITABLE MATERIAL
6" MIN: IF REQUIRED
W
TOP OF CONCRETE MONUMENT AT CENTER-
LINE: OF ALIEN ROAD AND OLIVE DRW .
(ADD 0.12' TO ELEVATK N TO OBTAIN CO'
DATUM PER K C.S.F.B. 1163, PG. 57)
BENCH MARK USED:
TOP OF CONCRETE MONUMENT AT CENTER-
LINE OF REINA ROAD AND JEWETTA AVENUE.
ELEVATION 374.83
PLAN OR MAP NO. 367
& SURVEY DEPARTMENT DATE
EXHIBIT "E"
TRACT 5831 — UNIT TWO
SEWER PLANS
SmithTechA USA
INCORPORATED
HABERFELDE BUILDING
1424 17TH STREET
BAKERSFIELD, CALIFORNIA 93301
(805) 327 -8492 FAX 327 -8493
/„ T 7-?L -o/
ROBERT E. SMITH RCE 35473 DATE
JOB NO. - 98 -103 SHEET 1 OF 5 SHEETS
a CERTIFICATE OF LIABILITY
INSURANC�ENCOO1 D °"08/"011
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
DATE MMNO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
'Lockton Ins Agency of Dallas
737 N. Harwood, Lock Box 27
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Dallas TX 75201
Phone:214- 969 -6700 Fax:214- 969 -6799
INSURED
INSURERA: Zurich American Insurance Co.
INSURER B:
EACH OCCURRENCE
Centex HMOs
Ceentrgal Valley Division
INSURER C:
INSURER
Visalia CAn93277AVe.
Sexcluded
KITSONAL&ADVINIURY
INSURER E:
COVERAGES
.J
THE POLICIES OF INSURANCE LKTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEWD INDICATED. NOTWITHSTANDING
ANYREOUIR EW, TERMORCONDITIONOFANYCONTPPCTOROTHERWGJMEWWITHRESFECTTOWHICHTHISCERTIFICATEMAYBEIBSUEDOR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS. E%CLUS*NS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBER
DATE MMNO
DATE WO
LIMITS
A
GENERALIJAZIM
$ COMMERCaL GENERAL LIABILITY
CLAIMS MADE ®Ca.'UR
GLOS322099 -04
10/01/00
10/01/01
EACH OCCURRENCE
$6,000,000
FIRE DAMAGE &Y . nn)
$1,000,000
MED EW("Nnp )
Sexcluded
KITSONAL&ADVINIURY
56,000,000
GENERA-AGGREGATE
$10,000,000
DEAL AGGREGATE LIMIT APPUES PER:
POLICY 380 LOC
PRODIJCTS-COMIMPAGO
S6,000,000
A
AUTOMOBILE
LIABILaV
ANY AUTO
ALLOWNEDAUTCS
SCHEWLEDAUTOS
HIREDAUTOS
NCN -0WNED AUTOS
TAPS3 2 2119 -0 4 (TK)
BAPS322100 -04 (OTHER)
10 /Ol /00
10 /Ol /Ol
COMBINEDSINGLEUMIT
OB, MWII nD
$6,000,000
X
BODILY INJURY
IPe, pexnl
$
BODILY INJURY
Fer aWdtl U
$
PROPERTY DAMAGE
IPe,HmnmD
5
OARMSE LIFBILBY
ANYAUTO
AUTO ONLY- EAACCIDENT
S
OTHERTHAN EAACC
AUTO ONLY: AGO
5
$
ME"uAffluTY
OCCUR F� CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
5
f
$
$
A
WORKERSCOMPENSATON AND
EMPLOYERS UABILT'
xCUVOCC ai X[0]5095
W,n[,IO.,w,Hetl]f09f HOH
10/01/00
10/01/01
R TORYLIMR9 iv.,R
E.L.EACHACCIDENT
$1,000,000
E.L. DISEASE EA EMPLOYEE
$1,000,000
FL. DISEASE POLICY LIMIT
$1,000,000
OTNER
DESCRIPTION OF OPEMTMINSM1 TANS MWLMMLU NS ADDED BY ENDORSEMEWISPECIAL PROVISIONS
Re: Belsera -Tract 5831 -Unit 21 Policy contains all additional coverages and
provisions as required by Section 18 of the Subdivision Improvement
Agreement for Tract 5831. The County of Kern, its Governing Board,
Officers, Employees, and Agents are named an additional insured. 10 day
notice will be sent in the event of nonpayment of premium.
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
CGDEE01
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE OURRATION
DATE THEREOF, THE WILING INSURERWILLIRSeEFBRIa MAIL �IQ__DAYSWRRTEN
County Of Kern
NOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,eBF�FBEBS�BaaeaM�B
Att: Engineering & Survey Srv.
2700 M. Street
Baker. field CA 93301
AWHOIU PEP ENTATNE
ACORD 25-S (197) -- ¢rAUUaU L'U., A 1111 -IBeB
BOND NO. 6123503
IMPROVEMENT SECURITY FOR FAITHFUL PERFORMANCE
IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5831. UNIT TWO
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SAFECU INSURANCE COMPANY OF AMERICA (hereinafter designated as
"Surety ") possesses a valid certificate of authority from the Insurance Commissioner of the State of
California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code of
California; and
WHEREAS, the Board of Supervisors of the County of Kern, State of California, (hereinafter
designated as "County "), and CENTEX HONES, A NEVADA GENERAL PARTNERSHIP, (hereinafter designated
as "Principal ") have entered into an agreement whereby Principal agree to install and complete certain
designated public improvements, which said agreement, dated AwgKvF d.l ,20_QL, and
identified SUBDIVISION IMPROVEMENT AGREEMENT TRACT 5831, UNIT TWO, is hereby referred
to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement in conformity with Chapter 5 of the Subdivision Map Act
(commencing with Government Code Section 66499).
NOW, therefore, we the Principal and Surety are held firmly bound unto the County in the
penal sum of Seven Hundred Six Thousand Four Hundred and 00/100 Dollars ($706,400.00) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to abide by, and well and
truly keep and perform the covenants, conditions and provisions in the said agreement and any
alteration thereof made as therein provided, on his, its 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 the County, 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.
Without limiting the generality of the provisions of the foregoing paragraph, the covenants of
the subdivider, Principal herein named, provided in Section 4, 5, and 6 of the agreement shall be
deemed to be covenants within the meaning of the foregoing paragraph.
The surety further stipulates and agrees that its liability hereunder shall automatically increase
by the amount of the aggregate cost of any work required by a change or alteration in the design or
construction of the work of improvement required or authorized under Section 8, 9, and 10 of the
agreement, as estimated by the Board of Supervisors of County; provided, however, with respect to
any changes or alterations as to which the express consent of the surety is not obtained, the amount
of increase in its liability hereunder shall not exceed in the aggregate ten percent (10 %) of the original
amount of security first mentioned in this instrument, taking into account both additive and deductive
changes, and excluding such changes or alterations as may be requested by the Subdivider and
expressly approved by the surety.
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 attorney's fees,
Vi
incurred by the County in successfully enforcing such obligation, all to be taxed as costs and included
in any judgement rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration 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, an it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the agreement or
to the specifications.
The Surety hereby further stipulates and agrees as follows:
a) Any notice required to be given to the Surety may be given by personal service or by
ordinary United States mail, postage prepaid, and addressed to the Surety at the address of its agent
set forth hereinbelow, and if not there set forth, then to any office of the Surety.
b) That neither the death, bankruptcy, nor incapacity of the Principal, nor any
assignment of said Agreement by the Principal, nor any sale, conveyance, assignment or other
transfer of any property mentioned in said Agreement or interest therein, whether voluntary,
involuntary, or by operation of the law, shall in any manner affect the obligations and liability of the
Surety hereunder.
The Surety and Principal hereby stipulate and agree that the place of performance of the
obligations of the Principal and Surety, respectively, shall be the County of Kern, State of California.
3
IN WITNESS WHEREOF, the Principal and Surety have caused this document to be executed
this 14TH day of AUGUST
By' A,
Principal
r5�,
2p O1
SAFEC NS RANCE COMPAI F AMERICA
Surety LLY ON r N, ATTORNEY -D- CA-
MARSf INC.
Agent for Surety
1601 ELM STREET #2100 DALLAS, T% 75201
Address of Agent for Surety
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public for both
Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of Californiaa }
County of %/ /j- } ss.
On d before ✓e �a.6'
DM Nmeand I'Ele dOaioc(ng,4®enrc. Nodry Public ")
personally appeared i
Nam{s) dSigyv(s)
V. C. PATTON
_ Commission # 1162255
-d Notary Public - Callfomia
Tulare County
My Comm.FpkmN 21,2001
%ueNdmySal Abm
J�QSOnally mown to me
/
[I proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
aclmowledged to me that he(she(they
executed the same in hisiber /their authorized
capacity(ies), and that by his /her /their
signature(s) 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
VeA64z�
supmecdtmmYy .
ACKNOWLEDGMENT BY SURETY
STATE OF TEXAS
ss.
County of DALLAS
On this 14th day of August 2001 , before me personally
appeared ALLYSON DEAN known to, me to be the Attorney -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA
the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same
fN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in this certificate first above written.
3RIDGETTE S. JACKSON
Notary Publiq State M Tense Notary ublic in a State of TEXAS
,�., , r My Commission Emirs. rY
(Seal) P August 07, 2004 County of DALLAS
S -0MGEEF 1080
S A F E C a POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No 7386
KNOW ALL BY THESE PRESENTS:
Thal SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
."of
-1-1'••LAWRENCE W. WALDIE: CARMEN MIMS, BRIAN M. LEBOW'. DEBORAH GRIFFITH, ALLYSON DEAN; BRIOGFTTF S. JACKSON. Dallas, Texas `••• ^•^
its 1me and lawful ahomey(s) in fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
berm ed in Me course of Its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA thaw, each executed and
attested these presents
this
RA
day of June
4 Le-
CERTIFICATE
Extract from Me By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
3001
CK, PRESIDENT
'Article V, Section 13. - FIDELITY AND SURETY BONDS _, the President, any Vice President, the Secretary, and any Assistant Vice President appointed for Mal
purpose by Me officer in charge of surety operations, shall each lave authority to appoint individuals as atlomeys -in- fact or under other appropriate lines with authority to
execute ch behalf of Me company fidelity and surety bonds add other documents of similar character issued by Me company in Me course of its business.,, On any
Instrument him irg or evidencing such appointment, Me signatures may b, affixed by facsimile. On any instrument conferring such authority, or on any bond or
undertaking of Me company, to seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that Me seal shall not
be necessary to the validity of any such instrument or undedal,mi
Extract from a Resolution of Me Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any candidate execrated by Me Secretary or an assistant secretary of 81e Company setting out,
n The provistonS of Mice V. Sidi 13 of Me By -Laws, and
go A cep, of Me powerafaffomey appointment, exeaaled pursuant Hereto, and
(et) Certifying that said powerofaltomey appointment is H full force and effect,
th sgraWro of Me cedifykg officer may be by facsimile, and Me seal of the Company may be a facsimile Bianchi
1, RA. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby cedlly Mat He
kmgokg asal of no By-laws and of a Resumption of He Board of Directors of these corporations, and of a Power of Attorney issued pursuant Hereto, are We and
cenecL and Hal both he By -Laws, He Resolution and he Power of Allomey are still H full farce and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed he facsimile seal of said corpotafwn
this 14TH dayof AUGUST • 70101_
0e) COMpw ¢. PgWE AL N a ail Yp�^�
RA PIERSON, SECRETARY
Sp)YSAEF 2A1 OA ralHaMred Medemwk of SAFECO Coronaries
6HNI FOR
BOND NO. 6123503
SECURITY FOR LABORERS AND MATERIALMEN
IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5831, UNIT TWO
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SAFCrn ruameurr CO OF AMERICA (hereinafter designated as "Surety ")
possesses a valid certificate of authority from the Insurance Commissioner of the State of
California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code
of California; and
WHEREAS, the Board of Supervisors of the County of Kern, State of California, (hereinafter
CENTEX HOMES, A Nevada General Partnership
designated as "County"), and (hereinafter designated as
"Principal ") have entered into an agreement whereby Principal agree to install and complete certain
designated public improvements, which said agreement, dated a, wMtt d. 1 , 20kL,
and identified SUBDIVISION IMPROVEMENT AGREEMENT, TRACT 5831, UNIT TWO 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 County to
secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part
4 of Division 3 of the Civil Code of the State of California, in conformity with Chapter 5 of the
Subdivision Map Act (commencing with Government Code Section 66499).
NOW THEREFORE, we the Principal and Surety held firmly bound unto the County and all
contractors, subcontractors, and persons furnishing or renting equipment to them, laborers,
materialmen and other persons employed in the performance of said agreement and referred to in
said Civil Code in the sum of Three Hundred Fifty Three Thousand Two Hundred and 00/100
Dollars ($353,200.00) for materials furnished, for equipment furnished or rented, or labor thereon
of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work
or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove
set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including attorneys fees, incurred by County, or
any person, company or corporation given a right of action herein, in successfully enforcing such
obligation, to be awarded and fixed by the court, and be taxed as costs and to be included in the
judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to filed claims under Title 15 (Commencing
with Section 3082) of Part 4 Division 3 of the Civil Code, so as to give the right of action to them
or their assignees in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall be come null
and void, otherwise it shall remain in full force and effect.
The Surety stipulates and agrees that its liability hereunder shall automatically increase by
fifty percent (50 %) of the amount of the aggregate cost of any additional work required by a
change or alteration in the design or construction of the work of improvement required or
authorized under Section 8, 9, or 10 of the agreement, as estimated by the Board of Supervisors
of County; provided, however, with respect to any changes or alterations to which the express
consent of the Surety is not obtained, the amount of increase in its liability hereunder shall not
exceed in the aggregate ten percent (10 %) of the original amount of security first mentioned in
this instrument, taking into account both additive and deductive changes, and excluding such
changes or alterations as may be requested by the Subdivider and expressly approved by the
Surety.
2
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said Agreement or the specifications accompanying the same shall in any
manner affect its obligation to this bond, and it does hereby waive notice of any change,
extension, alteration or addition.
The Surety hereby further stipulates and agrees as follows:
a) Any notice required to be given to the Surety may be given by personal service
or by ordinary United States mail, postage prepaid, and addressed to the Surety at the address of
its agents set forth hereinbelow, and if not there set forth, then to any office of the Surety.
b) That neither death, bankruptcy, nor incapacity of the Principal, nor any
assignment of said Agreement by the Principal, nor any sale, conveyance, assignment or other
transfer of any property mentioned in said Agreement or interest herein, whether voluntary or by
operation of law, shall in any manner affect the obligations and liability of the Surety hereunder.
The Surety and Principal hereby stipulate and agree that the place of performance of
the obligations of the Principal and Surety, respectively, shall be the County of Kern, State of
California.
3
IN WITNESS THEREOF, the Principal and Surety have caused this document to be
executed this 14th day of AUGUST , 2001
By. 44&
Principal
SAFECO INSURANCE COMPANY OF AMERICA
Surety ALLYSON (DEAN. AApTTTTORN�EY -IN- -\FACT
MARSH USA INC.
"' ��• Agent for Surety
SEAL 1601 ELM STREET #2100, DALLAS, TX 75201
Address of Agent for Surety
NOTE: (1) As to each party which is corporation, affix corporate seal
above.
(2) Attach appropriate acknowledgements made before Notary
Public for both Subdivider and Surety or persons signing on
its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary
proof of his authority, acknowledged before a Notary
Public.
Iv'
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California `` }
County of �rfarc } SS.
On T'/ before me, NI// /g7„Iem DOe. Nadp'PU6Iw ")
personally appeared 47L
. Navz(s)aPSigyo(s)
V. C. PATfON
_ Commission * 1162255
i Notary Public- Cahfomia
Tul County
2fSJ1
Ph¢NoWq Sal Above
,%CPpersonaUy known to me
❑ proved to ine on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they
executed the same in his/her /their authorized
capacily(ies), and that by his/her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
VATNESSymyy7 band and official seal.
SlpvmvorNassY lLbik
ACKNOWLEDGMENT BY SURETY
STATE OF TEXAS
as.
County of DALLAS
On this 14th day of August 2001 , before me personally
appeared ALLYSON DEAN known to, me to be the Attorney -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA
the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in this certificate fast above written.
ffs; =BNR' CKSON of Texas
(Seal) xpires 00/
S -0230 IGEEF 10199
Notary Public in tate of TE
Countyof DALLAS
. S A F E C a POWER GENERAL INSURANCE COMPANY
OF ATTORNEY HOME OFFICE SAFECO PLAQ!P, OF AMERICA
• SEATTLE, WASHINGTON 98185
No 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
apWinl
41•••111•LAWRENCE W. W ALDIE', CARMEN MIMS, BRIAN M. LEO W: DEBORAH GRIFFITH, ALLYSON DEAN: BRIOGETTH S. JACKSON: Dallax, Tcxaz••••1• ^•
its time and lawful ahorney(shimfad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in Me course of Its business, and to b'md the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 1st
day of June II11//J�//�////,,II•I . 2001
l
M�ML'GAVICKDEN-
CERTIFICATE
Extract from Me By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by Me oRwr in charge of surety operations, shalt each have authority to appoint individuals as affomeys -in -fad or under other appropriate Ides with auQhority to
execute do behalf of Me company fidelity and surety bonds and other documents of similar character issued by Me company in Me worse or its business.. On any
instrument making or evidencing such appointment Me signatures may be athxed by facsimile. On any instrument conferring such authority or on arty bond or
undertaking of Me company, Me seal, or is facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, Nat the seat shalt not
be necessary to the validity of any such instrument or undertaking"
Extract from a Rewlufion or Me Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any cedigrate executed by Me Secretary or an assistant secretary of Me Company sel ing out
(i) The provisions of ArtiGe V, Section 13 of Me By -Laws, and
(ii) A copy or Me powei altomey appointment, executed pursuant thereto, and
(iii) Cef itying that said power -c atomey appointment is in full force and effect,
Me signature of the certifying officer may be by facsimile, and Me seal of Me Company may be a facsimile Ihemi
I, RA. Pierwn. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cadity Nat the
foregoing cutbacks of Me By -Laws and of a Resolution of Me Boats of Directors of these corporations, and of a Pourer of Attorney Issued pursuant thereto, am true and
still and Mat both Me By -Laws, the Resolution arts Me Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I lave hereunto set my hand and affixed Me facsimile seal of said wryoral
I 14TH day of AUGUST . _2001 ._
MA
0e) �¢• E L ��,A�� rk^
RA. PERSON. SECRETARY
SCa7VSAE11i 0A mglsremU t2Cenwk of SAFECO Caparetion
With POP
BOND NO. 6123504
AGREEMENT FOR COMPLETION OF SUBDIVISION MONUMENTATION
AND PAYMENT OF COST THEREOF
TRACT 5831, UNIT TWO
THIS AGREEMENT, made this AIat day of 20vL, by and between the
COUNTY OF KERN (herein called "County ") and CENTEX 'HOMES, A NEVADA GENERAL PAWINU IP
called "Subdivider "),
WITNESSETH:
WHEREAS, Subdivider is the developer of the certain subdivision tract in the County of
Kern, State of California, identified by the number set out in the caption of this agreement, and
now desires to record the final map therefore; and
WHEREAS, setting of permanent and non - permanent interior survey monuments has not
been completed, and the Subdivider desires to do so after approval and recordation of the final
map; and
WHEREAS, Government Code Section 66496 (Subdivision Map Act) allows interior
monuments to be set after the final map is recorded, if the Subdivider's engineer or surveyor
certifies on the map that the monuments will be set on or before a specified later date, and if
the Subdivider furnishes security guaranteeing the payment of the cost of setting such
monuments; and
WHEREAS, Sections 18.55.110 A. of the Land Division Ordinance of the County of
Kern authorize a subdivider to enter into agreement with the County to set interior monuments
within a period of one (1) year from the date of approval of the final map (or within such
extension of time as may be authorized by the Board of Supervisors under Section 18.55.120
for completion of subdivision improvement work);
NOW, Therefore,. in consideration of the mutual covenants herein, IT IS AGREED
between the parties hereto as follows:
1. County agrees that Subdivider may defer setting permanent and non - permanent
interior survey monuments in said subdivision tract for the period within which Subdivider
agrees to complete same.
2. Subdivider agrees to cause all permanent and non - permanent interior monuments
to be set in said subdivision tract within one (1) year from the date of approval by the Board
of Supervisors of the final map of said subdivision (or, if improvement work is to be done
under a completion agreement, then within any extension or extensions of time for completion
of such improvement work as may be authorized by the Board of Supervisors under Section
18.55.120 of the Land Division Ordinance), in a manner found by the County Surveyor to be
in full and faithful compliance with Section 66495 of the Government Code, Section 8771 of
the Business and Professions Code, and Section 18.45.040 C. of the Land Division
Ordinance,and to cause prompt amendment of the filed map under Sections 66469 to 66472,
inclusive, of the Government Code, as may appear necessary to the County Surveyor.
3. Subdivider agrees to promptly pay to the engineer or surveyor, charged with the
responsibility for setting said monuments, according to Section 66497 of the Subdivision Map
Act, all costs of so setting said interior survey monuments and any such amendments of the
filed map.
4. Subdivider agrees that, in the event of the death, disability, or retirement from
practice of the engineer or surveyor charged with the responsibility for setting said
monuments, or in event of his refusal to so set such monuments within the time hereinabove
provided or to promptly so amend the filed map, the Board of Supervisors of the County may
direct the County Surveyor, or such engineer or surveyor as said Board may select, to so set
such monuments and /or to so amend the filed map, and when such work has been completed,
the Subdivider shall promptly pay to County on demand any and all expenses incurred by it for
such purposes.
5. It is mutually agreed that the County Surveyor has estimated the cost of proper
setting of such monuments to be the sum of Five Thousand Four Hundred Fifty Five and
00/100 Dollars ($5,455.00), and that such is a reasonable estimate, and subdivider agrees to
furnish to County, prior to approval of the final map by the Board of Supervisors, security in
said amount to secure performance of his covenants under this agreement, in accordance with
Section 18.55.110 B. of the Land Division Ordinance.
6. The following paragraph shall apply if the security provided by the Subdivider is
in the form of a cash deposit:
(a) Such cash deposit shall be held in trust by the County.
(b) If the Subdivider does not present evidence to the Board of Supervisors that
he has paid the engineer or surveyor charged with the responsibility for setting said
monuments, and if such engineer or surveyor notifies the said Board that he has not been paid
by the Subdivider for the setting of said monuments and /or so amending the filed map said
Board may, within three (3) months from the date of said notification, pay the amount due to
him from such cash deposit, using said cash deposit for such purposes.
(c) In any of the events mentioned in paragraph 4 of this agreement, if the Board
of Supervisors directs the County Surveyor, or selects another engineer or surveyor, to so set
such monuments and /or to so amend the filed map, when such work has been completed the
County shall be entitled to use such cash deposit to reimburse itself for any and all expenses
incurred by it for such purposes.
(d) If and when the County Surveyor shall certify to the Board of Supervisors of
the County that all permanent and non - permanent interior survey monuments required for said
subdivision have been properly set in accordance with Section 66495 of the Government
Code, Section 8771 of the Business and Professions Code, and Sections 18.45.040 C. of the
Land Division Ordinance, and that all amendments of the filed map deemed by him to be
necessary under Sections 66496 to 66472, inclusive, of the Government Code have been
carried out, then so much of the cash deposit which has not been used or which the Board of
Supervisors has not determined to use, under this paragraph, shall be refunded to the
Subdivider.
7. It is mutually agreed that, if County should recover any sum from the Subdivider
under this agreement, or from the Subdivider or his Surety under any surety bond provided to
secure this agreement, that (apart from any attorney's fees or costs awarded to the County in
any suit) the County shall be deemed to hold any sum so recovered in trust, which it shall use
to pay, or reimburse itself for, those sums which the Subdivider agrees to pay under this
agreement.
8. The County shall not be deemed liable for any fee or expenses of any surveyor or
engineer, excepting one selected by the Board of Supervisors as mentioned by paragraph 4.
9. If any suit be brought by the County for enforcement of this agreement or for
recovery of any sum due under it, the Subdivider shall pay to the County, in addition to its
other obligations under this agreement, such reasonable attorney's fees as the court may
determine, and costs of suit.
10. This agreement shall be deemed operative when and if the Board of Supervisors
of County approves the final map of said subdivision, and provided that the Subdivider has
furnished to County the security hereinabove mentioned.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date
first mentioned herein.
COUNTY OF KERN
Coun herein
C airman, Board of Supervisors
Subdi der
The undersigned, surety of the Subdivider in the security mentioned above, consents to
the foregoing agreement.
Dated this 14TH day of AUGUST , 20
CO INSURANCE PANY OF AMERICA
SuretyALLYSO DAN, ATTORNEY -IN -FACT
MARSH USA INC.
Agent for Surety
1601 ELM STREET /2100 DALLAS, TX 75201
Address of Agent for Surety
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Public
for both Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of his
authority, acknowledged before a Notary Public.
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California f
�
—
cogtnyof / 6 nAe } ss.
On Ujr 13, before me, l/ %97T°^'
Doc T —'I,,� Nemc WTilkafOaica(c&. "ra DMNonty Pabbc')
personally appeared — 1 —W `C�'
NeaY(o)ofaigm(Q
V.0 PA70N
C=75Slon R 1 162255
olyc.,Te Notary Public-CaOfmio
Tul
P''es N,,2 2001
PlomNomysd Above
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) is/we
subscribed, to the within' strm+,Pm and
acknowledged to me that he/shc/they
executed the same m his/her /their authorized
capacity(ies), and that by his/her /their
signs ure(s) on the instnunent the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
�� A
SW ofNaary Public
ACKNOWLEDGMENT BY SURETY
STATE OF TEXAS
County of DALLAS SS.
On this 14th day of August 1 2001 , before me personally
appeared ALLYSON DEAN ]mown to, me to be the Attomey -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA
the corporation
[hat executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
yew in this certificate first above written.
BRIDCiETTE 8. JACKSON
�6 Notery Publiq Sete W Teoue Notary Public in a State to of TEXAS
(Seal) ,�, My Commieelan Expine County of DALLAS
} +! AuOuet 07, 3001
S -0230 1GEEF 1ON9
' POWER SAFECO INSURANCE COMPANY AMERICA
S A F E O GENERA SURONC OIOF AMERIC
A
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
,. SEATTLE. WASHINGTON 98185
No 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation does each hereby
appoint
"' °" "'LAWRENCE W. WALDI E: CARMIiN MIMSI BRIAN M. IF BOW, DEBORA II GRlI I 111, ALIYION OF AN: 8 H I Us, EI TI[ S. JACKSON: Dallas, Texas "' ^• ^•
its the and lawful atlorney(s) in -fact. with full authonty to execute on its behalf Fidelity and surety bonds or undertakings and other documents of a similar character
Issued in the course of Its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this
SECRETARY
day of June 3001
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Adide V, Section 13. - FIDELITY AND SURETY BONDS .., the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority, to appoint individuals as atWmeys -in -lad or under other appropriate titles with authority to
axocule on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument contending such authority or on any band w
undeffil of the company, the seal, or a facsimile thereoL may be impressed or affixed or in any other manner reproduced; provided, how -ever, that Me seal shall not
be necessary W Me validity of any such instrument or undedalengf
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1974
'On any cedificale executed by Me Secretary or an assistant seaelmy of Me Company setting out,
(i) The provisions of Adicle V, Section 13 of the By -Laws, and
(it) A copy of the powerof- attorney appointment, executed pursuant Metals, and
(iii) Certifying that said powenefademey appointment LS W full force add effect.
pre signature of the codifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby ceNfy that the
foregdrg extracts of the By -Laws and of a Resolution of the Beaty of Direction of these cogwrations, and of a Power of Atlomey Issued pursuant thereto, are true eM
cared, and that both the By {aws, the Resolution and the Power of Attomey are still in full force and eReet.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed ale facsimile seal of said corporation
III 14TH day of AUGUST . 20131_
0e) COgp�� ANE Q A �� ia a Yfdt�'
RA PIERSON, SECRETARY
SO87115AEF 2,01 6AMIslered ire8emadn of SAFECO Con" a on
811,01 PON,
BOND NO. 6123504 .
BOND TO SECURE SUBDIVISION MONUMENTATION
TRACT 5831, UNIT TWO
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, . SAFECO INSURANCE COMPANY OF AMERICA ,a corporation
organized under the laws of the State of WASHINGTON (hereinafter designated as
(Surety "), possesses a valid certificate of authority from the Insurance Commissioner of the
State of California authorizing it to write surety insurance as defined in Section 105 of the
Insurance Code of California; and
CENTEX HOMES. A NEVADA GENERAL PARTNERSHIP
(hereinafter designated as "Subdivider ") is the developer of the certain subdivision tract in the
County of Kern, identified by the number set out in the caption of this bond, and has entered
into an agreement with the COUNTY OF KERN (hereinafter designated as "County ") which
is on file with the Clerk of the Board of Supervisors of County, wherein Subdivider has
agreed to set interior survey monuments in said subdivision tract within one (1) year from the
date of approval of the final map thereof, and has agreed to furnish to County security
guaranteeing performance of said agreement and payment of the cost of setting such
monuments;
NOW, THEREFORE, we the Subdivider (as Principal herein) and Surety are held firmly
bound to the County in the sum of Five Thousand Four Hundred Fifty Five and 00/100
Dollars ($5,455.00) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our respective successors, assigns and legal
representatives, jointly and severally, firmly by these presents.
1
The condition of this obligation is such that if the Subdivider (as principal herein) his,
their or its heirs, legal representatives, successors or assigns, shall in all things well, truly and
fully perform each and all the covenants in said agreement on his, their or its part to be
performed, and pay all sums which the Subdivider therein agrees to pay, promptly at the time
or times and in the manner therein specified, and if the County Surveyor shall certify to the
Board of Supervisors of the County that all interior survey monuments required for said
subdivision have been properly set in accordance with Government Code 66495, Section
8771 of the Business and Professions Code, and Sections 18.20.200 to 18.20.230,
inclusive, and Section 18.20.270 of the Final Map Subdivision Ordinance, and that all
amendments of the filed map deemed by him to be necessary under Section 66469 to
66472, inclusive, of the Government Code have been carried out, then this obligation shall
become null and void; and otherwise it shall be and remain in full force and effect.
The Surety further stipulates and agrees as follows:
(1) Said agreement may be amended by mutual agreement of the Subdivider and
the County, and extensions of time may be granted by the County for the completion of such
monumentation or the performance of any covenant in said agreement or any act or payment
thereunder, and the County may waive the performance of said agreement in any respect, at
any time from time to time, without notice to or consent of the Surety, and without prejudice
to the right of the County, or any other person so entitled, to recover against the Surety on
this bond, all of which the Surety hereby authorizes the County to do.
(2) Neither the death, bankruptcy, nor incapacity of the Subdivider, nor any sale,
conveyance, assignment or other transfer of any of the land within the Subdivision or interest
2
therein, whether voluntary, involuntary, or by operation of law, shall in any manner affect the
obligations and liability of the Surety under this bond.
(3) If any suit be brought by the County for recovery of any sum due under this
bond, the Surety shall pay to the County, in addition to the other obligations under this bond,
such reasonable attorney's fees as the court may determine, and costs of suit.
(4) The place of performance of the obligations of the Subdivider and this Surety
shall be the County of Kern, State of California.
(5) Any notice required to be given to the Surety may be given by personal service
or by placing it in the United States mail, postage prepaid, addressed to the Surety at the
address set forth below or if the Surety fails to set forth such address, then addressed to the
Surety at any of its offices.
3
IN WITNESS WHEREOF, the Subdivider and Surety have caused this to be executed
this 14THday of AUGUST , 2001
4,a& -
Subdivider
' t ( S ,I
CO INSURANCE C PANY OF AMERICA
urety ALL ON DEAN, ATTORNEY -IN -FACT
MARSH USA INC.
Agent for Surety
1601 ELM STREET #2100 DALLAS, TX 75201
Address of Agent for Surety
NOTE: (1) As to each party which is a corporation, affix corporate seal
above.
(2) Attach appropriate acknowledgements made before Notary Public
for both Subdivider and Surety or persons signing on its behalf.
(3) If attorney -in -fact signs for Surety, attach documentary proof of
his authority, acknowledged before a Notary Public.
G
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of --Z-4dka7 ss.
before me, Y /,4%%7'`
i
N. Ti& 10 <N- t"Nblid-)
_ V. C. PA;7CN
_ Commissions 1762255
g 6Pa Notary Public - Califomia
Tulare County
MyCOmm.E p*esNo,21,2W1
Pla. Wimy Sd Abm
y6�ersonally awn to me
❑ proved to me on the basis of satisfactory
evidence
to be the petson(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/shelthey
executed the same in his/her /their authorized
capacity(ies), and that by his/her /their
signartua S) 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
sign anicte ptlmk
ACKNOWLEDGMENT BY SURETY
STATE OF TEXAS
County of DALLAS ss.
On this 14th day of August 2001 , before me personally
appeared ALLYSON DEAN known to, me to be the Attorney -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA
the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in this certificate first above written.
+jVNt" BRIDGE 8. JACNBON
Nptory Publlc, sm[a of iorac
(Sea]) LC�, My COmmlulon Explrao
11 Au0-It 01, 2001
S -0230IGEEF 10199
Notary Public a State of TEXAS
County of DALLAS
FS A F E C IV POWER SAFECO INSURANCE COMPANY OF AMERICA
F� GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE. SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No )386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corparallon, does each hereby
appoint
11.111^^LAW'RENCE W. WALDIE'. CARMEN M rds, nRIAN M. LE BOW. DEBORAH GRIFFFfi T, ALLYSON DEAN i BRIDGETfE S. JACKSON, Dallas. 1,x.'1111 ^••
its We and lawful a abody(s) -in fact, with full authority to execute on its behalf fal llty and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
ahested these presents
this Iel day of June / ef� . 2001
R.A. PIERSON. SECRETARY MIKEM GAVICN,PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Arade V. Section 13. - FIDELITY AND SURETY BONDS .., the President, any Vice President, the Secretary, and any Assistant Vice President appointed far thal
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as ahomeys -in -fact or under other appropriate titles with scenery, to
execute on bell of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business... On any
Instrument making or evidencing such appointment. 0e signatures may be affixed by facsimile. On any instrument conferring such aulndry or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not
be necessary, to the validity of any such instrument or undedakingl
Exhad from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
add of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any candidate executed by the Secretary or an assistant secretary of the Company fishing out.
(i) The provisions of Article V, Section 13 stand By -Laws, and
(ii) A copy of the powerofahomey appointment, exewted pursuant thereto, and
(iii) Certifying that said powerof- ahomey appointment is in full force and effect,
Me signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.
I. RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby county Nat the
famish, extracts of the By -Laws and of is Resouton of the Board of Directors of these corporations, and of a Power of Altomey issued pursuant thereto, are toe and
eonect, add that both the By -Laws, the Resolution mad the Power of Attorney are still in full force aid effed.
IN WITNESS WHEREOF, I have hereunto set my hand and aRaed the facsimile seal of said mrpaation
This 14TH day of AUGUST . _2001_
C(kpq� ��,ECOMpw
� MAPgtRE
SEAL �
� t853 �SEAL,�
��A` RA PIERSON, SECRETARY
BOaTVSAEF tat
O A reabbrM bad'emark d SAFECO CupwNO
d1N1 POF
NOTICE OF COMPLETION0-3AND
ACCEPTANCE OF WORK
(Work Within Public Right -of -Way)
NOTICE IS GIVEN that work was completed on that certainppro'ect known as TRACT 5831 UNIT 2
for the undersigned agency on SEPTEMBER 23 2005, located SO�TH OF OLIVE DRIVE, EAST OP
ALLEN ROAD AND WEST OF OLD FARM ROAb, and that said project was accepted by this agency on
OCTOBER 25, 2005. The undersigned agency owns the following interest in said property described
above: right-of-way and public improvements within the right-of-way.
A NEVADA GENERAL
Subdivision Improvement
Payment of Cost Thereof.
ntract. The address of the
3301.
I declare underpenalty of perjury, under the laws of the State of California, that the contents herein
are true and correct to the best of my knowledge.
Executed on October 25, 2005, at Bakersfield, California.
4 ii"..R=
Public Works Director
CITY OF BAKERSFIELD
By
Mayor
ORIGINAL
James W. Fitch Assessor—Recorder
TELFORDT
RECORDING REQUESTED BY
Kern County Official Records
11102 2 0 0 5
and for the benefit of the
RBEONBU at the RqueN or
8:18 AM
CITY OF BAKERSFIELD
Public
DOC#: 0205305321
That TYPas:1
Pages: 1
WHEN RECORDED MAIL TO:
IIII
I I
II
I
I
III
II
I I
Taxes
0.00
CITY OF BAKERSFIELD
others
0.00
CITY CLERK
PAID
$0.00
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
NOTICE OF COMPLETION0-3AND
ACCEPTANCE OF WORK
(Work Within Public Right -of -Way)
NOTICE IS GIVEN that work was completed on that certainppro'ect known as TRACT 5831 UNIT 2
for the undersigned agency on SEPTEMBER 23 2005, located SO�TH OF OLIVE DRIVE, EAST OP
ALLEN ROAD AND WEST OF OLD FARM ROAb, and that said project was accepted by this agency on
OCTOBER 25, 2005. The undersigned agency owns the following interest in said property described
above: right-of-way and public improvements within the right-of-way.
A NEVADA GENERAL
Subdivision Improvement
Payment of Cost Thereof.
ntract. The address of the
3301.
I declare underpenalty of perjury, under the laws of the State of California, that the contents herein
are true and correct to the best of my knowledge.
Executed on October 25, 2005, at Bakersfield, California.
4 ii"..R=
Public Works Director
CITY OF BAKERSFIELD
By
Mayor
ORIGINAL
PLEASE
RECORDING REQUESTED BY
and for the benefit of the
CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
James W. FitchAssessor—Recorder
Kern County Aecords
TELFORDT
Official
11102/2005
eeeoreed a the roquest of
8:19 AM
Public
0 o c # : 0205305322
aet Tyaes:1
Peg«: 1
Few
0.00
IIIIIIIIIIIIIIIIIIIIIIIIIII
Tww
others
0.00
PAID
$0.00
NOTICE OF COMPLETION
AND KtaE'. PiS Aq -0\
ACCEPTANCE OF WORK
(Work Within Public Right -of -Way)
:E IS GIVEN that work was completed on that certainprotect known as TRACT 5829 UNIT 2
>igned agency on SEPTEMBER 23, 2005, located NORTH OF OLIVE DRIVE AND WEST IV
VENUE, and that said project wasaccepted by this agency on OCTOBER 25, 2005. The
i
agency owns the following interest n said property described above: right-of-way and public
s within the right-of-way.
_ontractor/Developer on said project was CENTEX HOMES, A NEVADA GENERAL
agency
I declare underpenalty of perjury, under the laws of the State of California, that the contents herein
are true and correct to the best of my knowledge.
Executed on October 25, 2005, at Bakersfield, California.
'MAUL]Of AOTAS
Public Works Director
CITY OF BAKERSFIELD
By 0"dr'~
MAHVt:Y L. HALL, mayor
awuoueoe�o��.��mrvmxonsru saxax v«
o``8pKF9�
T
m
� o
ORIGINAI