2009-39 • RESOLUTION NO.2009- 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
APPROVING TRACT MAP NO. 17766,AND ACCEPTING LABOR AND.
PERFORMANCE BONDS AND A SUBDIVISION AGREEMENT FROM GREENBRIER
GRAND TERRACE,INC.
WHEREAS, tract map 17766 has been previously approved by.the Planning Commission on
November 20, 2007,
WHEREAS, all the conditions of approvals for recording Tract Map 17766 have been met by
the applicant Greystone Group Inc.,
WHEREAS, Greystone Group, Inc., applicant, has provided performance and labor bonds for
all off-site improvements on Mount Vernon Avenue as Greenbrier Grand Terrace,Inc.
WHEREAS, Greenbrier Grand Terrace Inc.,I as signed a subdivision agreement for all on-site
and off site improvements,
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace
that the City Council approvals Tract Map 177E=6, and accepts the faithful performance, labor
bonds and subdivision agreement for the street improvements which are to be performed on-site
and off-site at tract location known as 11830 Mount Vernon Avenue.
The bonds submitted by Greenbrier Grand Terrace,Inc., are faithful performance agreements for
work which is to be performed on Mount Vernon Avenue relating to tract map 17766, as follows:
Improvement Bond Number
Street improvements, curb, gutter 4374256
drive approaches.
BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Tract Map
Agreement on behalf of the City,
APPROVED AND ADOPTED this litb day of August ,2009.
MAYO
!r &,J q z 4&M,e-
ATTEST: CITY CLERK
Attachment:Subdivision Improvement Performance Bond
N
• I, BRENDA MESA, CITY CLERK of :he City of Grand Terrace, do hereby certify that
the foregoing Resolution waslintroduced and aiopted at a regular meeting of the City Council of
the City of Grand Terrace held on the 11"'day )f August, 2009 by the following vote:
AYES: Councilmembers Cortes, Miller and Stanckiewitz; Mayor Pro
Tem Garcia aniI Mayor Ferre
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Approved as to form:
City Attorne
Bond No.:4374256 Term:7/14/09 to 7/14111
Y
BOND FOR IMPROVEMEI�T OF SUBDIVISION ROAD
• KNOW ALL MEN BY THESE PRESENTS:
THAT WE Greenbrier Grand Terrace,Irc.
(OWNER
S)
341 Bayside Drive,Suite 7,Newport Beach,CA 922660
as Principal,and SureTec Insurance Company
(Bonding Company)
952 Echo Lane,Suite 450,Houston,TX 77024
organized and existing under the laws of the State of Texas and authorized to act as
Surety in the State of California, as Surety, are held and firmly bound unto the CITY OF GRAND
TERRACE,State of California,in the just and full sun of Twenty Thousand Two Hundred Twenty-Six and 02/100
Dollars ($ 20,226.02 ), lawful money of the United States, for the payment of which, well
and truly to be made,we bind ourselves,our heirs,administrators,executors,successors and assigns,jointly
and severally,firmly and by these presents.
The condition of the foregoing obligation is such that whereas said Principal()has entered into or
()is about to enter into the annexed Agreement with the City of Grand Terrace pursuant to the authority of
the Subdivision Map Act of the State of Californi for the improvement of the streets and easements
offered for dedication on the Final Map of Subdi ision Tract No. 17766 or to be improved in
connection with said Subdivision and whereas this and is required by said City in connection with the
execution of said Agreement.
Greenbrier Grand Terrace,lnc.
NOW THEREFORE, if the said Principal shall and truly do and perform all of the
covenants and obligations of said Agreement on_ part to be done and performed at the times and
in the manner specified therein,then the above obligation shall be void and of no effect; otherwise it shall
be and remain in full force and effect.
And the Surety,for value received,hereby s 1pulates and agrees that no change,extension of time,
alteration or addition to the terms of the Agreement or to the work or improvements to be performed
thereunder or to the Plans or Specifications attacl ed to said Agreement shall in any ways affect its
obligations on this Bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition to the terms of the Agreement or to the we rk or improvements or to the Plans or Specifications.
In the event suit is brought upon this Bond l:y the City and judgment is recovered,the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the
Court.
WITNESS OUR HANDS this 14 _day of July 2009
Greenbrier Grand Terrace,Inc. SureTec Insurance Company
Principal Surety
Principal Atton y-m-fact Cha as H.Roder,Jr.
NOTE: Acknowledgements of execution by Principals and S rety must be ttached. Bond must be
attached to Agreement,Plans and Specifications.
POA#: 4221176
SureTec Insurance Company
LIMITEID POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANC� COMPANY(the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its princi Sal office in Houston, Harris County, Texas,does by these presents
make,constitute and appoint
Janis K.Tielke,Jerry Y.Bates,Charles H.Roder,Jr.,Rebecca S.Shuman,Sherrill A.Portis
of.Houston,Texas its trite and lawful Attorney(s)-in-fact,with full ower and authority hereby conferred in its name,place and stead,to
execute, acknowledge and deliver any and all bonds, recognizance,undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of sure providing providing the bond penalty does not exceed
Five Million and no/10 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the
premise's. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements o r indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company': liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of atto rney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April,
1999)
0 In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June,A.D.2005.
%ffNc e� URETEC 1NS CE COMPANY
wit '24
:0;,e By:
w(to y Bill King, re nt
Irb
State of Texas ss: cc ! `
,County of Harris '� �.•• ''r
Orr-this 20th day of June,A.D. 2005 before me personally came Bill King,to me known, who,being by'me duly sworn,did depose and say,that he
resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by ike order.
NUchelfe Denny
Notaymb
* a ode Of TOXW I. I t VI�/y�;�/��J 9���•
MyC00UnIs on EPIes I Michelle Denny,Notary Pub is
August 27,200iI My commission expires August 27,2008
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPA ,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texa;this 14 day of July 2009 ,A.D.
M.Brent Beaty,Assistant Sea re ry
Any instrument issued in excess of the penalty stated above is totally void i and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
• STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On u , 2009, before me, Jenny Cunningham,Notary Public,
personally ppeared Walter B. Eeds, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the sE me in his authorized capacity and that by his
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
TYYT JENNY CUNNINGHAM03
COMM.#1792245 0
NOTARY PUBLIC-CALIFORNIA --�
ORANGE COUNTY
Signature T- VV-" Y V
My COMM,Expires March 2,2012
Bond No.:4374256 Term:9/14109 to 9/14/11
MATERIAL AND LABOR BOND
_ Sa:iitary Sewer
• KNOW ALL MEN BY THESE PRESENTS:
THAT WE Greenbrier Grand Terrace, 1 c.
(OWNE S)
341 Bayside Drive,Suite 7,Newport Beach,C 92660
as Principal,and SureTec Insurance Company
(Bondin„Company)
952 Echo Lane,Suite 450,Houston,TX 77024
organized and existing under the laws of the State of Texas and authorized to act as
Surety in the State of California, as Surety, are held and firmly bound unto the CITY OF GRAND
TERRACE, State of California,in the just and full slim of Twenty Thousand Two Hundred Twenty-Six and 02/100
Dollars ($ 209226.02 ), lawful money of the United States, for the payment of which, well
and truly to be made,we bind ourselves,our heirs,administrators,executors,successors and assigns,jointly
and severally,firmly and by these presents.
The condition of the foregoing obligation is Such that whereas said Principal()has entered into or
()is about to enter into the annexed Agreement with the City of Grand Terrace pursuant to the authority of
the Subdivision Map Act of the State of California, 1br the construction of a sanitary sewer system and all
appurtenances thereto, in accordance with Plans and Specifications for Tract 17766 , as approved
and on file with said City in connection with the execution of said Agreement.
NOW THEREFORE, if the said Principal or the subcontractors of said Principal shall fail to pay
for ay materials,provisions,provender or other supplies or use of implements or machinery used in,upon,
for or about the performance of the work contracted to be done,or for any work or labor done thereon of
any kind or for amounts due under the Unemploymcnt Insurance Act with respect to such work or labor,
the said Surety will pay the same to any amount not exceeding the sum above specified in this Bond,and in
case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court. This Bond shall
insure to the benefit of any and all persons,companies and corporations entitled to file claims under Article
2 of Chapter 2 of Title 4 of the Code of Civil Procc dure of the State of California, and all such persons,
companies, and corporations and their assigns shall have a right to action in any suit brought upon this
Bond.
And the said Surety,for value received,hereby stipulates and agrees that no change,extension of
time, alteration or addition to the terms of Agreemcnt or to the work or improvements to be performed
thereunder or to the Plans or Specifications attacl ed to said Agreement shall in any way affects its
obligations on this Bond,and it does hereby waive notice of any such change,extension of time, alteration
or addition to the terms of the Agreement or to the we rk or improvements or to the Plans or Specifications.
In the event suit is brought upon this Bond l:y the City and judgment is recovered,the Surety shall
pay all costs incurred by the City in such suit,including reasonable attorney's fee to be fixed by the Court.
WITNESS OUR HANDS this 14 day of July 20 09
Greenbrier Grand Terrace,Inc. SureTec Insurance Company
Principal Surety
Principal Attorney-in-Lbe
arles H. Radar,Jr.
NOTE: Acknowledgements of execution by Principals and Surety mutt ed. Bond must be
attached to Agreement,Plans and Specifications.
POA , 4221176
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its princi al office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Janis K.Tielke,Jerry Y.Bates,Charles H.R der,Jr.,Rebecca S.Shuman,Sherrill A.Portis
of IIIouston,Texas its true and lawful Attomey(s)-in-fact,with full ower and authority hereby conferred in its name,place and stead,to
execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surely, providing the bond penalty does not exceed
Five Million and no/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as f such bonds were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/ 1/09 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved,that the President,any Vice-President,any Assis ant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and n the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements o indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company' liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed b y the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and sea I of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of atto ey or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or unde aking to which it is attached. (Adopted at a meeting Held on 20`h of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has carr>ed these presents to be signed by its President, and its,corporate seal
to be-hereto affixed this 20th day of June,A.D.2005.
..%NWu,QN URETEC INS CE COMPANY
ANC,.
G� , 0 i
w f `: By:
w ru y Bill King, reant
y t�a
State of Texas ss Os�� 1 :t rr
-:County of Harris ••••...
On this 20th day of June,A.D. 2005 before me personally came Bill King to me known, who,being by me duly sworn,did depose and say,that he
resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by�ike order.
Michelle Denny j
. ''`fir 1Notay Public 1 /�/�
+ • Ste of Texts I �l
MyComminion Expi es Michelle Denny,Notary Pub is
August 27,2003 My commission expires August 27,2008
i
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPAI DIY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full fon:e and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texa3 this 14 day of J111y ,20 09 'A.D.
M.Brent Beaty,Assistant Se re ry
7Anv1,..trumenty issued in excess of the penalty stated above is totally voi 1 and without any validity.
For rification of the authority of this power you may call(713)812.0800 any business day between 8:00 am and 5:00 pm CST.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On .�(,(,Glr ��3 , 2009, before me, Jenny Cunningham,Notary Public,
personally appeared Walter B. Eeds, who p-oved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the sE me in his authorized capacity and that by his
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JENNY CUNNINGHAM�
Imo- COMM.#17922145
Signature U NOTARY PUBLIC-CALIFORNIA
m ORANGE COUNTY O
My COMM.EXPROD M®r®h 2,2912 Ar
•