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Tract 3438 in which TCN inter alia agreed to construct a portion of the Linear Park designated
as Pazcel B of Tract 3438 construction of which would be secured by a performance and payment
bond from an admitted surety insurer and theCl IY agreed inter alia to pay TCN reimbursements
as provided in Paragraph 1
of the Pazk Improvement Agreement Tract 3438 and
F
WHEREAS in accordance with the terms of the Park Improvement Agreement Tract
3438 DSIC provided the CTI Y with a Subdivision Improvement Performance Bond in the penal
sum of275 310 00 and a Subdivision Improvement Labor and Material Bond in the penal sum of
655 137 00 each identified as Bond No 569134S Tract 3438 Park Bonds and
G
WHEREAS on or about Mazch 2 2004 September 22 2004 the CTTY approved
Vesting Tentative Map no 3073 pursuanc to Resolution04 1626 which included a requirement that
TCN improve any park that is within or adjacent to the boundaries of Tract 3073 and
H WHEREAS on November 7 2006 The CTTY and TCN executed a Pazk
Tmprovement Agreement for Tract 3073atached as ExhibitCPark Improvement
Agreement
Tract 3073 in which TCN inter alia agreed to construct a portion of the Linear Park designated
as Pazcel B of Tract 3073 construction of which would be secured Uy a performance and payment
bond from an admitted surety insurer and the C1TY agreed inter alia to pay TCN reimbursements
as provided in Paragraph 1
of the Park ImprovementAa eement Tract 3073 and
L
WHEREAS in accordance with the terms of the Park Tmprovement Abeement Tract
3073 DSIC provided the CTTY with a Subdivision Improvement Performance Bond in the penal
sum of287 403 00 and a Subdivision Improvement Labor and Material Bond in the penal sum of
701 143 50 each identified as Bond No 569135S Tract 3073 Park Bonds and
J
WHEREAS thereafter TCN failed to complete some of the Public Improvements
secured by the 98K Bonds and all of the Public Improvements secured by the Tract 3073 Pazk
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