HomeMy WebLinkAboutRES NO 104-01RESOLUTION NO. JJQ4 ° O 1
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 426 LOCATED AT THE
NORTHWEST CORNER OF OLIVE DRIVE AND JEWETTA
AVENUE (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, some of the property owners have 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 at the northwest
corner of Olive Drive and Jewetta Avenue.
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 Bakersfield, and the
City desires to receive tax revenues for benefits given and to be given to the territory propgg9q ,
to be annexed. c` �s
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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 inhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been
determined to have the majority of property owners consenting 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 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.
--- --- ---000--------
2
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakel rld at a regular meeting thereof held on
JUL 18 C , by the following vote:
AYES:
NOE
ABSTAIN:
BSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfilfld
is 2001
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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MO:pah
June29,2001
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EXHIBIT "A"
JEWETTA NO.1
ANNEXATION NO. 426
That parcel of land being a portion of Section 12, Township 29 South, Range 26 East, M.D.M.,
County of Kern, State of California, more particularly described as follows:
Commencing at the east 1/4 corner of said Section 12, also being the point of intersection of the
center lines of Jewetta Avenue (Co. Rd. No. 67 & 366) and Olive Drive (Co. Rd. No. 67), said
point beinga monumented 1/4 corner and calculated to be 2,340,957.276 feet North and
6,225,650.359 feet East per California Coordinate System (N.A.D. 83), Zone 5;
Thence S 00° 48'58" W, along the east line of said Section 12, a distance of 30.00 feet;
Thence N 89° 18'22" W, 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 the south right of way line of said Olive Drive,
1289.79 feet to intersect the west line of Parcel 5 of Parcel Map No. 9826 filed for record in
Book 44 of Parcel Maps, Page 131 in the office of the Kern County Recorder;
Thence (2) N 00° 49' 16" E, along said west line, 30.00 feet to intersect the center line of Olive
Drive;
Thence (3) N 00° 49'39" E, along the west line of Parcel 4 of said Parcel Map No. 9826, a
distance of 955.00 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 Kem County Recorder;
Thence (4) S 89° 18'22" E, along said north boundary line, 1289.82 feet to intersect the west
right of way line of Jewetta Avenue (Co. Rd. No. 67), also being the existing corporate boundary
line of the City of Bakersfield;
Thence (5) S 00° 49145" W, along said right of way line and corporate boundary line, 955.00 feet
to intersect the center line of Olive Drive;
Thence (6) S 00° 48' 58" W, along said right of way line and corporate boundary line, 30.00 feet
to the TRUE POINT OF BEGINNING.
Containing 29.17 acres (more or less)
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EXHIBIT "B"
ANNEXATION N
NO 4
6
RECORDED CITY OF BAKERSFIELD
IN e00K •AT PAGE CALIFORNIA
OFFICIAL RECORDS OF
KERN COUNTY. CALIFORNIA ENGINEERING DEPARTMENT
ANNEXATION NO. 426
(JEWETTA NO. 1)
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 REFUSE
PRIVATE
CITY
USER FEE
GAGROUPDA'Nega1\2001 WAMX426
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EXHIBIT "C"
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,
ICU.
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 comer of Tnixtun Avenue and Eye Street annexation. First priority response is approximately 7.00
approximately 8 %z miles southeast of the annexation. minutes or less.
FIRE- Service will be provided by County Station No. 61 located at the southeast comer Fire protection is provided on a 24 -hour basis. The annexation
of Fmitvale Avenue and Norris Road pursuant to exchange wherein County protects will not affect City or County Fire service capability or response
certain property within the City's jurisdiction. Thus, the City does incur the cost of time.
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 Existing neighborhood Parks (City and County) are open to the
North Bakersfield Recreation and Park District and is subject to all adopted requirements public at reasonable hours.
and standards of the district.
LIBRARY -N /A 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/LIGHTING- Maintenance and There will be no reduction in the range capacity of the City to
personnel will be dispatched from the City Yard on a regular basis for preventative provide the necessary public work services to this area.
maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and Services will be on a regular basis and "as needed ".
lighting when located within the City's right of way.
SEWER -The territory can be served by the existing City trunk sewer line in lewetta Adequate capacity exists.
Avenue at Reina Road which was constructed as part of the City's northerly extension of
the "ludkins" trunk sewer system and is directed to City Wastewater Treatment Plant No.
3.
WATER -The territory is being served by the Vaughn Water Service Company and no Adequate capacity exists.
change will occur upon annexation.
OTHER - (Refuse) -When annexed, service will be provided by the City either by City City refuse pickup is twice a week.
forces or by contracts with a franchise refuse collector.
III. What effects, if any, would annexation ofthis 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
maintenance responsibility of the City but should not affect the existing level of service.
IV. Would city /district require any upgrading or change in facilities to serve affected territory (roads, fire
hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? Private
residential use.
V. Indicate and explain existing zoning in affected territory. The subject territory is presently zoned County E
(Estate) Zone which allows suburban single family residential occupancy on estate -size lots.
VI. 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
County estate lots to City E (Estate One Family Dwelling) Zone which allows single - family residential
occupancy on 10.000 so. ft. minimum size lots.
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 area equals 1 104910% of assessed market value.
This represents the total property tax rate When annexed a designated percentage of the total oroverty tax
of the area 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
listed 0 992 -93) City bounded indebtedness has been paid off and the current (2000 -2001) tax rate list shows
no city bonded indebtedness
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.
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 #356 — 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 # 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
1, Pamela McCarthy, City Clerk, City of Bakersfield, do hereby acknowledge that the Kern County Clerk of the Board delivered the
original documents referenced above to the City of Bakersfield, City Cler ' Office on Wednesday, June 18, 2002.
�ZJ� OL117'
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Date PaMcCarthy, City Clerk, City Bakersfield
0 ey-
to ATTEST: Depot)( )Clerk, Clerk of the Board
swm1W£ITEPATM 5824Trc 5931 Tmfa M=
BOARD OF SUPERVISORS
COUNTY OF KERN
TRACKING PAGE
JANUARY 22, 2002
TUESDAY, 2:00 P.M.
RESOURCE ANLGLnrwm L=h:X
Engineering and survey services
.
!c -Pe *5) Tract 5829, Unit 1, northwest corner of Olive Drive and
.11 Ayes Jewetta Avenue, Rosedale area, approval of completed
street, drainage, water, and sewer improvements and
reduction of Faithful Performance Security in Subdivision
Improvement Agreement - APPROVED COMPLETED STREET,
DRAINAGE, WATER AND SEWER IMPROVEMENTS; REDUCED EXISTING
FAITHFUL PERFORMANCE SECURITY BOND #6017874 IN THE AMOUNT
OF $2,418,593 TO $241,859; ADOPTED RESOLUTION 2002 -031
FOR ACCEPTANCE OF ROADS WITHIN TRACT 5829, UNIT 1, INTO
THE COUNTY ROAD SYSTEM
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SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 5829, UNIT 1
THIS AGREEMENT, made and entered into this .-4t day of � ,vt _1931, by
and between the COUNTY OF KERN, a political subdivision of the State ofrCalifornia, herein called
"County ", and CENJEx HOMES 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 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 et 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: Olive Drive, San MiniatoAvenue, Mantova Avenue, Mercatello Avemue,
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.
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 day of -1-,,, G,,,, s,(— , 20 Co , or within
such extension of time as may be authorized by thevBoard 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;
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.
(6) 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.
16. 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.
(h) 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
(g
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
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:
10
Street, Drainage, and Miscellaneous Improvement $1,453,047.00
Water System Improvements 791,776.00
Sewer System Improvements 173,770.00
Total $2,418,593.00
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
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.
11
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.
13) 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.
12
r
IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the
day and year first mentioned herein.
APPROVED AS TO CONTENT: 0 COUNTY OF KERN
By, By: -)TI X� —
Direc or of Engineerin Chairman, Board of Supervisors
& Survey Services D artment ( "Coun i
r By'
c �t ( ivider herein)
S.•T►�'�
1 0 S. CENTRAL AVENUE
bdivider's Address
VISALIA, CA 93277
The undersigned, surety of the Subdivider on the improvement security mentioned above, consents
to the foregoing Agreement.
Dated the 19th day of AUGUST 19 99
SAFECO INSURANCE COMPANY OF AMERICA
Sur
Agent for S ety
MARSH USA, INC.
Address of Agent forSurety
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.
13
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 19th day of August, 1999.
My commission expires 8 -23 -99
Notary S
r°�•h 1, DEBORAH GRIFFITH
O MYCOMM,Exs4t3 of 23x99
' ew� My Comm. Expires 8 23-99
Notary Public
S A F E C O" POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No,
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington ceryorabon, does each hereby
appoint
••• ^•••••••LAWRENCEW. WALDIQCARMEN MIMS; ALLYSON DEAN; BRIAN M. LE BOW; DEBBIE L.ORIFFITH;DOROTHY VALEK;DMIUj...•••••••••••
its thus and ewbl adomey(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 Ns business, antl 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
(his 13th day of
1999
Extacthom 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 appointetl for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aftomeys- in- factor under other appropriate f Iles with authority to
execute on behaff 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
bsbrmerrt making or evidencing such appointment, the signatures may be affoed by facsimile. On any instrument containing such authority or on any bond or
un ledakhg of the company, Me seal, or a facsimile thereof, may be impressed or afixed or in any other manner mproduaoQ provided, however, that the seal shall not
Ibis 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 and certificate "ear l by the Secretary or an assistant mcmilary, of Me Company setting out,
(p The provisions ofAftle V, Section 13 ofthe Bylaws, and
(s) A copy of the poverof- aftomey appointment executed pursuant thereto, and
(fa) Certifying that said powerofottorreyappoblmenl is in NO force and effect
Me signature of the cedifying officer may be by faceirmle, and Me seal of the Company may be a facsimile thereof."
I, RA Person, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
bregaig extracts of the Bylaws and of a Resolution of Me Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the Bylaws, the Resolydbn and the Power of Atlemey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Me facsimile seal of said Corporation
S-01)7 S F7198
this ig4tt. day of
J�PHCE COMp,��
3�' M7ptWE °^
t SEAL T
��,, x a�
� ts2� �
'�IMWat�
R.A. PIERSON, SECRETARY
0 Registered trademark of SAFECO Cmpondi
711 W99 PDI
R.A. PIERSON, SECRETARY
W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extacthom 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 appointetl for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aftomeys- in- factor under other appropriate f Iles with authority to
execute on behaff 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
bsbrmerrt making or evidencing such appointment, the signatures may be affoed by facsimile. On any instrument containing such authority or on any bond or
un ledakhg of the company, Me seal, or a facsimile thereof, may be impressed or afixed or in any other manner mproduaoQ provided, however, that the seal shall not
Ibis 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 and certificate "ear l by the Secretary or an assistant mcmilary, of Me Company setting out,
(p The provisions ofAftle V, Section 13 ofthe Bylaws, and
(s) A copy of the poverof- aftomey appointment executed pursuant thereto, and
(fa) Certifying that said powerofottorreyappoblmenl is in NO force and effect
Me signature of the cedifying officer may be by faceirmle, and Me seal of the Company may be a facsimile thereof."
I, RA Person, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
bregaig extracts of the Bylaws and of a Resolution of Me Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the Bylaws, the Resolydbn and the Power of Atlemey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Me facsimile seal of said Corporation
S-01)7 S F7198
this ig4tt. day of
J�PHCE COMp,��
3�' M7ptWE °^
t SEAL T
��,, x a�
� ts2� �
'�IMWat�
R.A. PIERSON, SECRETARY
0 Registered trademark of SAFECO Cmpondi
711 W99 PDI
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cafifomia }
County of Tu k f c } ss.
On R , before =,�f f efi &L l �( •
Date \\ + I N `I. DO Nmt PoNie)
personally appeared
Neme(s of SigieRs)
P NO Y Seal Above
lv rsomlly known to me
❑ 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 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 instrument the person(s),
or the entity upon behalf of which the pemon(s)
acted, executed the instrument.
�WITNESS my hand and official seal.
�,l�A�..�
Si®m ofNotuy Nbic
RU tf- RTIFICA ATE OF
LIABILITY
' ;` DATE Immmonn 7
' •' ,,;:
! 111E a'xrilMCEJ
8119199
PROOIt<ER�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
M111H USA Agency Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
'•1601 Elm Street
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2100 Thank5gi Ving Tower
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Dallas. TX 75201
COMPANY
ANGELA KING (214) 765 -8474
--
A ZURICH AMERICAN INS CO ILL
INSURED
COMPANY
CENTEX HOMES- CENTRAL VALLEY DIVISION
B ZURICH INS CO
ALIN. ADDRIENE COTES
-
ComPANY
1840 SOUTH CENTRAL AVENUE
VISALIA CA 93277
C AMERICAN GUAR 8 LIAR INS CO
O MPANY
FD
COVEdiA$ES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LIP
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY E%PIIiATION
LIMITS
DATE IMM /DD/VVI
DATEIMM /DDNVI
A
GENERAL
LIABILITY
GL0932209902
10101198
10101199
BODILY INJURY OCC
i
X
COMPREHENSIVE FORM
BODILY RILEY AGG.
S
X
PROPERTY DAMAGE GOO
i
PREMISES /OPERATIONS
UNDERGRO NO
X
F %PLOSION & HAZARD
PROPEflTV DAMAGE AGG.
i
X
III & PD COMBINED OCC.
'8 6,000.00
PRODUCTS /COMPLETED OPEN.
XCONTRACTUAL
BI&PDCOMBINEDAGG,
i 10,000,000
X
PERSONAL INJURY AGO.
i 6,000,000
INDEPENDENT CONTRACTORS
X
i
Be. FORM PROPERTY DAMAGE
PERSONAL INJURY
A'
i
8
AUTOMOBILE RASILOV
TAP832211902
10/0//98
10101199
BODILY INJURY
i
8
X ANY AUTO
BAP832210002
10101198
10/01/99
IPe'm'oom
6,000.000
Au OwNEO AUTOS P,Irne P._1
_
INJURY
i
LL0 NED AUTOS
Gl.' -Pive . P. ..... I
'P.,
/Per ccitlenll
X HIRED AUTOS
..
A' NON�OWNED AUTOS
PROPERTY DAMAGE
i
GARAGE LIABILITY
BODILY INJURY &
PROPERTY DAMAGE
9
COMBINED
EXCESS LABILITY
EACH OCCURRENCE
i
UMBRELLA FORM
AGGREGATE
i
OTHER THAN UMBRELLA FOgM
9
C
WOREERS COMPENSATION AND
NC832209602
10/01/98
10101199
X WC STATU- OTH
B
EMPLOYEES
TDSY LIMITS Eq
,, £
W6832209702
10101198
10/01/99
EL EACH ACCIDENT
i 1,000,000
B
THE PROPRIETOR/ INCL
WC832209802
10/01/98
10/01/1919
EL DISenBE POLICY LIMIT
P 1,000.000
PAflTNFgSR %E C.YF
EL DISEASE EA EMPLOYEE
i 1,000,000
'OFFICERS
ARE F %CL
OTHER
DESCRIPTION OF OPEMTIONSLLOCA TIONSNEHICLES6PECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS).
THE COUNTY OF KERN. ITS GOVERNING BOARD, OFFICERS, AND
EMPLOYEES ARE ADDITIONAL 1NSURE(EXCEPT ON WORK COMP) AS RESPECTS OPERATIONS
OF THE NAMED INSURED, (ENDORSEMENT ATTACHED) PROVISION AS REWIRED BY SECTION 18 OF SUBDIVISION IMPROVEMENT AGREEMENT.
RE- MORTARA - TRACT #5829 BAKERFIELD. CA. 30 CANCELLATION
NOTICE APLLIES EXCEPT 10 FOR NON - PAYMENT OF PREMIUM.
CERTIFICATE HOWM
i
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
COUNTY OF KERN
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ]F14iWF*=X MAIL
71TTN; ENGINEERING & SURVEY SER_
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2700 M STREET
SUITE 570
R96WX@ CSG701SIX8GdFCP] E& 7[ 7GXi[ 7C11FC61CNACG6&➢[Nd7]6KINEC[ttX
BAKERFIELD, CA 93301
XdEX0787B11QCX7EDN7CXdFX3Q1EA1167C XEC=CMP0JATlCW
AVTHORREDREPB(5/ FIVE—
/ /r{
/ /L/ `5 .a
ACORD 291 Mt00!
CERTIFICATE NO 0003002 -00007
POLICY NUMBER: GLO8322099 -02 CON. .ERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LDIBILITY COVERAGE PART.
SCHEDULE
Name of Person or Organiratiom
ANY PERSON OR ORGANIZATION REQUIRED BY AN INSURED CONTRACT WITH THE NAMED
INSURED TO BE NAMED AS AN ADDITIONAL INSURED PRIOR TO AN OCCURRENCE OR AN
ACCIDENT.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section H) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you.
CG 20 10 1185 Copyright, Insurance Services Office, Inc, 1994 ❑
BOND NO. 6017674
IMPROVEMENT SECURITY FOR FAITHFUL PERFORMANCE
In connection with performance of Subdivision Improvement Agreement
Tract Map 5829, Unit 1
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 ,(hereinafter designated
as 'Principal') have entered into an agreement whereby Principal agree to install and complete certain
designated public improvements, which said agreement, dated 4, 1999
and identified Subdivision Improvement Agreement Tract Map 5829, Unit 1, 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 ofTwo Million, Four Hundred Eighteen Thousand, Five Hundred Ninety Three and 00/100 Dollars
($2,418,593.00) 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,
2
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.
91
IN WITNESS WHEREOF, the Principal and Surety have caused this document to be executed
this 19TH day of AUGUST
By:
(Principal)
ts
19 99
SAFECO INSURANCE COMPANY OF AMERICA
Sur
Agent for S ty
MARSH USA, INC.
Address of Agent for Surety
1601 ELM STREET, SUITE 2100
DAtLAS, TX 7520!
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
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 19th day of August, 1999.
My commission expires 8 -23 -99
Notary Seal
DEBORAH GRIFFITH
a ' • Nbferp PUbIIF, State of Texas
My Comm. Wires 81399
Notary Public
POWER SAFECO S A F E C O OF GENERAL INSURANCE COMPAN Y OF AMERIC A
FAA ATTORNEY HOME OFFICE WASHINGTON 98115
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
••••••••••••LAWRENCEW. W ALDIE,CARMEN MIMS; ALLYSON DEAN, BRIAN M. LEBOW; DEBBI E L. GRIFFITH, DOROTHY VALEK; D411W, TioxW -1 11 -1
6s base and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bands or undertakings and other documents of a similar chaader
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
alfested these presents
this i3th days(
1999
Extract from the By -Laos of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Ar ide V. Sedan 13. - FIDELITY AND SURETY BONDS ... the President, and Vice President, the Secretary, and any Assistant Vice President appointed for Nat
Pumose by Ma officer in charge of surety operations, shall each have authority to appoint individuals as atomeys-in -hit or under other appropriate tiles with authority to
exeute on behalf of We Company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On arty
instrument making m evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertatang 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 nor
be neQSSary to Me vafiddy of and 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 arty certificate executed by the Secretary or an assistant secretary of the Company setting out,
n Thepmvlsbnsof Article V,SecWnl3ofthe By-Laws,and
(s) A cagy of the powerofa omey appointment a earted p muant themto, and
(fu) Certifying that said powerofattomeYaPWinhnent is in full force antl effet,
the signaWm of the certifying oNlcer maybe by tacurni e, end Me seal of Me Company may be a hcshnile thereof."
I, RA Person, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cotitythaltbe
foregoing exbachs of the By-Laws and of a Resolution of Me Board of Directors of Mesa Corporations, and of a Power of Attorney issued pursuant liberals, are We and
correct, and Mat both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect,
IN WRNESS WHEREOF, i have hereunto set my hand and affixed Me facsimile seal of said corpoatan
� SEAL
r� 1953
this /Ci4L—. day of
is
RA. PIERSON, SECRETARY
S-097MSAEF V98
0 Re9islereU trademark of SAFECO Corporation
7113M9 I'M
• R.A. PIERSON, SECRETARY
W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laos of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Ar ide V. Sedan 13. - FIDELITY AND SURETY BONDS ... the President, and Vice President, the Secretary, and any Assistant Vice President appointed for Nat
Pumose by Ma officer in charge of surety operations, shall each have authority to appoint individuals as atomeys-in -hit or under other appropriate tiles with authority to
exeute on behalf of We Company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On arty
instrument making m evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertatang 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 nor
be neQSSary to Me vafiddy of and 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 arty certificate executed by the Secretary or an assistant secretary of the Company setting out,
n Thepmvlsbnsof Article V,SecWnl3ofthe By-Laws,and
(s) A cagy of the powerofa omey appointment a earted p muant themto, and
(fu) Certifying that said powerofattomeYaPWinhnent is in full force antl effet,
the signaWm of the certifying oNlcer maybe by tacurni e, end Me seal of Me Company may be a hcshnile thereof."
I, RA Person, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cotitythaltbe
foregoing exbachs of the By-Laws and of a Resolution of Me Board of Directors of Mesa Corporations, and of a Power of Attorney issued pursuant liberals, are We and
correct, and Mat both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect,
IN WRNESS WHEREOF, i have hereunto set my hand and affixed Me facsimile seal of said corpoatan
� SEAL
r� 1953
this /Ci4L—. day of
is
RA. PIERSON, SECRETARY
S-097MSAEF V98
0 Re9islereU trademark of SAFECO Corporation
7113M9 I'M
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of —i U I Lt_C e—
} ss.
On LiG EA 1g, Mg , before me,
air', 2 n ne
I
N. Tide ofOfim(e" &.`)+uc Doc, Notary Public")
personally appeared
Namgs)ofSigies(s)
ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he /she/they
_.. - -- -
executed the same m his/her /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.
WI SS�my� hand and official se�al.
�
Si®reNSe o[Nobry Puble
Platt NOmry SSI Above
SECURITY FOR LABORERS AND MATERIALMEN
In connection with performance of Subdivision Improvement Agreement
Tract Map 5829, Unit 1
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 (hereinafter designated as
"Principal ") have entered into an agreement whereby Principal agree to install and complete certain
designated public improvements, which said agreement, dated 4Lt r 4L�f &,I , 1912,
and identified SUBDIVISION IMPROVEMENT AGREEMENT Tract Map 5829, Unit 1, 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 One Million, Two Hundred Nine Thousand, Two Hundred Ninety Six
and 00 /100 Dollars ($1,209,296.00 ) 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
1
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.
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.
74
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.
IN WITNESS WHEREOF, the Principal and Surety have caused this document to be
executed this 19TH day of AUGUST , 1999
By: SAFECO INSURANCE COMPANY OF AMERICA
(Principal) Sure
Agent for S r ty
S1JtiL MARSH USA, INC.
Address of Agent for Surety
1601 ELM STRFFT_ SUTTF 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.
0
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 19th day of August, 1999.
My commission expires 8 -23 -99
Notary Seal
DEBORA:E.ItM FFITH
e ryppryPubllo VFeM
1 My Comm. &2399
Notary public
SAFECO" T-FOR
F OF A ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE'. SAFECO PLAZA
SEATTLE, WASHINGTON 98165
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
...... ^ ^••LAWRENCEW. WALDIE.CARMEN MINIS; ALLYSON DEAN; BRIAN M. LEBOW;DEBBIEL. GRIFFITH;DOROTHY VALEK;Dalias,Texas ^••°•• ^`•'
Is true and lawful attorney(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, 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
Massed Blase presents
this 13th day of July . 1999
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from Me By -Leas of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... Me President, any Vice President, the Secretary, and any Assistant Vice President appointed for Mal
parboil by Me officer in charge of surety operations, shall each have authority to appoint individuals as attomeys- in -fartw under other appropriate lhks With authority to
axecrRe on behaff of Me company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On airy
ksbume rt making or evidencing such aWoii menl, the signatures may be of ed 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 afxetl or in any other manner reproduced: provided, however, that the seal shall not
be necessary to Me 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 airy cadifirats executed by the Secretary or on assistantsscabary of Me Company setting out,
0 The pmv ions o(Adicle V, Sedan 13 of Me Bylaws, and
to A copy of Me pavw rof- attomey appointment, exec ed pursuant thereto, and
(A) of Meng Matsaidpcer may be, fyappointment is inallf the andelect,
Me signature of tlra certifying officer maybe byfaceetile, and Me seal of the CompaM may be a facsimile, thereof."
I, RA Person, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify Mat the
foraging extracts of the By -Lars and of a Resolution of the Bound of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
cbral and Mat bath the By -Laws, Me Resolution and the Power of Attorney are still in all force ark effect.
W WITNESS WHEREOF, I have hereunto set my hand and afted Me facsimile seal of said corporation
this IC41x day of
0.P�T,ECOAIp,�`
� SEAL SEAL
a� 1953 � �s2� �,
�'aNA '�aawaA�
4
R.A. PIERSON, SECRETARY
S 4974SAEF 7188 0 Registered trademark of SAFECO Corporation
7/13199 PDr
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of 1 LA lit f C M
On ItjUA g9,beforeme, Adriplile f"�- al L
Dam Nu anO Title of0lfiar(c6 -, "loot Doc, NODUy Public ")
personally appeared
Nance(s)ofSimMs)
ersonally known to me
E, 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
,_ _.�Y w Cn -�y acknowledged to me that he/she/they
µ. executed the same in bis/her /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.
WI SS my hand and official seal.
5i®mwrc of Noovy Public
Pls. Notify Sal Above
AGREEMENT FOR COMPLETION OF SUBDIVISION MONUMENTATION
AND PAYMENT OF COST THEREOF
TRACT 5829, UNIT 1
THIS AGREEMENT, made this JL&pt day of , 199`1, by and between the
COUNTY OF KERN (herein called "County") and CENTEX HOMES (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 Nine Thousand, Four Hundred Eighty Five and
00/100 Dollars ($9,485.00), 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 Cade, 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.
B. 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.
M
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first
mentioned therein.
SEAL
The undersigned, Surety of
foregoing agreement.
Dated the 19TH day of AUGUST
COUNTY OF KERN
County herein
By: 01 -M
Chairman, Bo f S,� upervisors
Sub ivider herein
the security mentioned above consents to the
19 99
SAFECO INSURANCE COMPANY OF AMERICA
Sureyq�
CICI
Agent for Su e y
MARSH USA, INC.
Address of Agent for Surety:
1601 FI M CTRFFT- ,m TF Plan
DALLAS, TX 75201
NOTE: (1) As to each party which is a corporation, affix corporate seal above.
(2) Attach appropriate acknowledgements made before Notary Publicfor
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.
El
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 19th day of August, 1999.
My commission expires 8 -23 -99
Notary Seal
DEBORAH GRI]8-2399
Note ry PutsIc, stat
My Comm. Expires
ary Public
S A F E C O' T-FOR
F OF A ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOMEOFFICE. SAFECOPLAZA
SEATTLE, WASHINGTON 90105
No. 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington comomtion, does each hereby
appoint
'• "••••••••LAWRENCEW. WALDIE',CARMEN MIMS; ALLYSON DEAN; BRIAN M. LEBOW;DEBBIEL. GRIFFITH:DOROTHY VALEK.Dalla ,Texav•• .........
its true and lawful aftormey(s) -in -/act, with full authority to execute on its behalf fidelf, 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 eacn executed and
attestedthese presents
this 13th dayof July , 1999
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:
'Ai fide V, Sectlen 13. - FIDELITY AND SURETY BONDS ... Me President, any Vice President, the Secretary, and any Assistant Vice Presiders appointed for that
purpose by the officer in charge of surety donations, shall each have authority to appoint individuals as alfomeys -in -factor under other appropriate titles with authority to
exeWe 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
irsNeners making or eviclencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
urtlertaking of the company, the seal, or a facsimile thereof, may be impressed or afixed or in any other manner reproduced; provded, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Eatmct 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 centificate executed by the Secretary or an assistant secretary of the Company setting out,
0 The provisions of Am a V. Section 13 of the By -Laws, and
(it) Acopy of thepower.ofaffomeyappomment, executed Pursuant thereto, and
(IQ Certifying that said poweraf- adomey appointment is in full farce and effect,
Me sigrnture of the certifying officer may be by facsimile, and the seal of the Canpany maybe a facsimile thereof'
I, RA Pinson, Secretary, of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby, certify, that Me
foregoing extracts of the By-Laws aria of a Resolution of the Board of Directors of these corporations, and of a Power of Money Issued pursuant thereto, are true and
Correct and Mat both the Bylaws, Ure Resolution and the Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto sat my hand and afixed the facsimile seal of said corporation
� SEAL
�,F 1953 ,fin
R' wfiM�'
this I q�jl day of
CL( 4i Ig
R.A. PIERSON, SECRETARY
S4174SAEF 798 ® Registered trademark of SAFECO Corporation
711999 PDf
't
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California }
County of J� I a. SS.
On $ DI ,before me, I�FGIfltA{'10
Dare ��Z %Ti0c of0(fim(e.g,"Jam Dm, Notary Public')
personally appeared
Names) ofSigm(s)
Play Natlry Seal Above
ersomlly known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/we
-; 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
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
WI CSS my hand and official seal,
Si,aaauR. Netary'Publk
BOND NO. 6017875
BOND TO SECURE SUBDIVISION MONUMENTATION
AND PAYMENT OF COST THEREOF
TRACT 5829, UNIT 1
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, CENTEX HOMES (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
cast 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 Nine Thousand, Four Hundred Eighty Five and 00/100 Dollars ($9,485.00)
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 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 Subdivider and Surety have caused this to be executed this 19TH
day of AUGUST , 19 99
Subdivider
NOTE:
SEAL
%.. + .A'
SAFECO INSURANCE COMPANY OF AMERICA
Sur ty
A n or S ety
MARSH USA, INC.
Address of Agent for Surety
1601 FI M STRFFT SIITTF 9100
DALLAS, TX 75201
(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.
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 19th day of August, 1999.
My commission expires 8 -23 -99
Notary Seal
�x DEBORAH GRIFFITH
Note D, Public. State of Texas
My Comm. Expires 8 2 &99
Notary Public &F
SAFECO- POWER SAFECO INSURANCE COMPANYOFAMERICA
OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE'. SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 7366
KNOW ALL 13Y THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA antl GENERAL INSURANCE COMPANY OF AMERICA, each a Washington Coryoratgn, does each hereby
appoint
•• ^ ^ ^•`••LAWRENCEW. WALDI E, CARMEN MI MS, ALI.YSON DEAN; BRIAN M. LEBOW;DEBBIEL. GRIFFITH;DOROTHYVALEK;DaII.,T ro....•••......
its true and lawful attorney(s) -in -tact, with full authority W execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charadeF
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 amented and
attested these presents
this air dayof July , 1999
RA. PIERSON, SECRETARY W. RANDALL STODDARO PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Adl V. Section 13. - FIDELITY AND SURETY BONDS ._ the Pubmerd, any Vice President, Me Secretary, and any Assistant Vice President appointed for Nat
purpose by Me, officer in charge of surety operations, shall each have authority, to appoint individuals as a6omeys -in -fad or under other appropriate fifes with authority to
exeaae on beha6 of the Ccon any fidelity antl surety bonds and other documents of similar Character issued by the company in Me course of its business... On any
1as1mi making cs evidendng such appoinhment, Me signatures may be affned by facsimile. On any instrument conferring such authority or on any bond or
undertaking Pf the company, the seal, or a fa¢imile thereof, may be impressed or alined or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking,"
Extend 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 cerfifieste execoted by the Secretary or an assistant secretary of the Company setting out,
@ TheprovsionsofARlcle V,Sec 13oftfe By- LSws,and
(l) A copy of fee powenaf- a8omeyappoin M, ex tW pursma theMo, and
(u) Certifying Matsaidpoweraf-adomeyappmin tisinfullforcea e%ed,
tle algnaWre of the Codifying officer may be by facsimile, am the seal of the Company, may be a facsimile thereof'
I, RA. Planer, Secielary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do thereby cedgy that Me
famgo'vg exbacls of the Bylaws arts of a Resdugon of the Boated of Directors of these coMomtions, and of a Power of Attorney issued pursuant thereto, are true arts
Mlredl am Mat both She Bylaws, the Resolution and the Pourer OfA6omey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my harts and affixed the facsimile seal of said capomtlon
� SEAL
�� 1953 ,�
a' ate'
S-097a5AEF 7198
this ` 1� 1 t day of
0
R.A. PIERSON, SECRETARY
0 Registered trademark of SAFECO Coryomtion
7/1359 PDf
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California }
County of T l are- } ss.
On A��1g. 1999 beforeme, Ady—icYt lot k Ca}e —s
Date f NI�aMTitleofOf =(eg, "Jane Dm Noma PUbliC')
personally appeared 14A4 -C Vl ,
Neme(s)of5iepct(s)
Pluw NotrySal Above
s
ersonally known to me
❑ 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 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 instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
sieunucof,lomry Public
SUPERVISORS
JON MCQUISTON
District I
STEVE A. PEREZ
District 2
BARBARA PATRICK
District 3
KEN PETERSON
District 4
PETE H. PARRA
District 5
June 18, 2002
Ms. Pamela McCarthy, City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
DENISE PENNELL
CLERK OF THE BOARD OF SI IPERVISORS
Kern County Administrative Center
1115 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
Telephone (661) 868 -3585
TTY (800) 735 -2979
RE: Change of Jurisdiction for Tract 5829, Units 1 and 2, and Tract 5831, Unit 2
Dear Ms. McCarthy:
As you are aware, Tract 5829, Units 1 and 2, and Tract 5831, Unit 2 were recently annexed to
the City of Bakersfield, and the County of Kern no longer has jurisdiction over development of
these subdivisions.
Pursuant to Government Code Section 66413(a), we are transferring to the City of Bakersfield
the original improvement agreements and bonds relating to these tracts. The Clerk of the Board
will retain certified copies of the original documents for future reference, and we will document
for our historical records that the originals are on file with the City Clerk's office.
Enclosed is a full description of the documents being delivered to the City of Bakersfield. Please
sign the acknowledgement of receipt indicating that these records were successfully transferred
to the City and retain a copy for your records.
We appreciate your assistance in this matter. If you have any questions or concerns, please call
me at 868 -3585.
Sincerely,
Gi�rce�L
ENISE PENNELL
Clerk of the Board
Enclosures
cc: Marian P. Shaw, City of Bakersfield Public Works Department
Danny McAlister, Kenn County ESS
Bruce Divelbiss, County Counsel's Office (w /o enclosures)
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
IS GIVEN that
agency
s within
James W. Fitch Assessor—Recorder
TELFORDT
Kern county official Records
11182/2005
NeeaNed at the request of
8:19 AM
Public
DOC#: 0205305319
and Types:1
Pages: 1
Few
IIII
IIIIIINNIIIII1111111
0.00
PAID
90.00
NOTICE OF COMPLETION
AND
ACCEPTANCE OF WORK
(Work Within Public Right -of -Way)
xqj" (w, Ibt-i-l7A
nown as TRACT 5829 UNIT 1
'OLIVE DRIVE AND WEST Its
on OCTOBER 25, 2005. The
above: right-of-way and public
The Contractor/Developer on said project was CENTEX HOMES A NEVADA GENERAL
PARTNERSHIP and contract number is Tract 5829, Unit 1 County of Kern, () Subdivision Improvement
Aggreement, 2) Agreement for Completion of Subdivision Monumentation and Payment of Cost Thereof.
Prease refer to said contract number on all communications relating to said contract. The address of the
undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301.
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.
-
UJAti
Public Works Director
CITY OF BAKERSFIELD
By
ay
a�eouvonncomw�,mowoammrce satxi e�
o�0AKF9s,
m
o
HIGINAL