HomeMy WebLinkAbout12 FINAL P.M. 99-196 11-06-00AGENDA RF ORT
NO. 12
11-06-00
MEETING DATE: NOVEMBER 6, 2000
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
FINAL PARCEL MAP 99-196
SUMMARY: Tentative Parcel Map 99-196 was a request to subdivide a five (5) acre parcel into
two parcels for development of an office building on the smaller parcel. On November 1, 1999
the City Council approved Tentative Parcel Map 99-196. Tentative Parcel Map 99-196 included
numerous conditions to be fulfilled prior to approval of the Final Map. The conditions have now
been fulfilled for the Final Map. If approved by the City Council, the Final Map may be recorded
with the Orange County Recorder's Office.
Applicant: Wayne C. Siu Architects
Owner: Jersey Business Center Associates, Ltd.
RECOMMENDATION:
That the City Council adopt Resolution No. 00-74 approving Final Parcel Map 99-196.
FISCAL IMPACT:
The Final Parcel Map is an applicant initiated project. The applicant has paid applicable
fees for the processing of this map.
ENVIRONMENTAL:
Final Parcel Map 99-196 is Categorically Exempt (Class 15, Section 15315) from the
provisions of the California Environmental Quality Act.
DISCUSSION:
On October 24, 1999, the Planning Commission adopted Resolution No. 3698
recommending that the City Council approve Tentative Parcel Map 99-196. The City
Council approved Tentative Parcel Map 99-197 on November 1, 1999, by adopting
Resolution No. 99-92. These approvals included numerous conditions to be met prior to
approval of the Final Parcel Map.
City Council Report
Final Parcel Map 99-196
November 6, 2000
Page 2
Tentative Parcel Map 99-196 includes two (2) numbered parcels, a 3.12 acre parcel
(Parcel 2) developed with an existing office/warehouse building and a 1.89 acre parcel
(Parcel 1) to contain a new 33,141 square foot two-story office building. Both parcels
would have independent access and parking. The project is located within the Irvine
Industrial Complex on the north side of Walnut Avenue (2741 and 2761 Walnut Avenue).
The Final Map is in substantial conformance with the Tentative Parcel Map approvals, the
City's Zoning Code and Subdivision Code, and the State Subdivision Map Act. Based
upon this conformance, staff recommends that the City Council approve Final Parcel Map
99-196.
Minoo Ashabi
Associate Planner
'~/~,'--Elizabeth A. Binsack
Community Development Director
Attachments:
A - Location Map
B - Final Parcel Map 99-196
C- Resolution No. 00-74
CCreports\fpm99196ccreport.doc
LC
ATiO N MAP
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SHEET 1 OF 2 SHEETS
ALL OF TENTATIVE PARCEL
MAP NO. 99-196
NUMBER OF PARCELS = 2
GROSS AREA = 5.020 AC,
NET AREA = 5.020 AC.
BLOCK I MODULE
5652 66.76.77
RCEL MAP NO. 99-196
IN THE CITY OF TUSTIN, COUNTY OF ORANGE,
STATE OF CALIFORNIA.
BEING A SUBDIVISION OF LOT 21 OF TRACT MAP NO. 8590 AS PER
MAP RECORDED IN BOOK 346 PAGES 19 THROUGH 24, INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, STATE OF
CALIFORNIA.
INDER JIT CHAUHAN R.C.£ 25z65
INDER ENC~N£ER~NO. INC.
DATE Or SURVEY: JANUAR~ 2~-%~C
ACCE=,'~D AND FILED AT THE
REQUEST Or'
DAW
nME __ FEE $ ~
INSTRUMEN' I
BOOK ~ PAGE ~
GARY L GRANVILLE
COUNTY-CLErK RECORDER
BY
DEFUTY
OWNERSHIP CERTIFICATE
WE, THE UNDERSIGNED. BEING ALL PARTIES HAVING ANY RECORD TI?~E INT~REST IN
THE LAND COVERED SY THIS MAP. DO HERESY CONSENT TO THE PREPARATION AND
RECORDATION OF SAID MAP, AS SHOWI¥ V~THIN ~E OI$~NCTI~ BORDER LINE.
~ ALSO ~Y D~ICA~ TO C~ ~ ~5~N
I ~E E~E~T F~ ~'OEWALK AS ~DI~TED ~ ~1~ ~t M~
~ ALSO HERESY RE~EASE AND RELINOUfSH TO ~E CI~ Or TUriN.
I. A~ ~HI~'~R ACCE% RI~ TO WALNUT A~NUE EXC~T AT 4PPRO~D AC¢E~ L~A~S .
JERSEY BUSINESS CENTER ASSOCIATe, S. LTD., A CALIFORNIA LIMITED PAR?NERSHIP
~5 FARGO BANK, NA~AL A~A~ . EEN¢RCIARY UNDER A DEED OF ~UST REnDeD ~
INS~UM~NT NO. 1999~2826 ~ ~ REC~DS .
NOTARY ACKNOWLEDGMENT CERTIFICATE
STA~ 0¢ CALIFORNIA)
)SS
ON ~lS - -*- ' ' ': '"= - ~'' BEFORE ME - ~ "" ¢'~'"~.2¢~,~ ' ~ '
PERSONALLY APPEARED ~-" , ~"~ " ' ' ~ PERSONALLY
KNO~ TO ME ( ~ ¢~ T~r O~ ?~ ~c,9~F 9~_- . , , ) TO
BE ~E PERSON{~} ~OSE NAME(5) IS/~ SUBSCRIBED TO ~E ~ INS~UMENT
AND ACKNO~EDGED TO ME ~AT HE/SHE/'T~Y EXECU~D ~E SAME IN HIS/HE~IR
AU~ORIZED C~PACI~(IES?. AND THAT BY HIS/H~fR SIGNA~RE{S} ON ~E
INS~UMENT ~E PER~ON[S). OR ~E EN~T? UPON BEHALF OF ~tCH THE PERSON{S)
ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HA~VD:
SIGNATURE ~,. '~ ~,~,,
NOTARY PUBLIC IN AND FOR SAID STATE
-~'.:,,, ~ ', ., -' ~r-F
PRINT NAME
STAT[ OF CALIFORNIA)
, · )SS
COUNTY OF { '" . ~ )
MY PRINCIPAL PLACE OF BUSINESS
IN ,' =." ',~ COUNTY
MY COMMISSION EXPIRES ' '-' ':-
'1 ,.!~, .'...: .r [(' BEFORE ME - '
ON THIS . . ' . (/ ' '~. ~
PERSONALLY AR~ARED '" i , ~, -, I ,i ~: '<,'( '"' ~' I ~ ~' ' ~ - ' ~ERSON~ Y
KNO~ TO ME [ ~R P~D TO ME ~ ~E BASIS OF SA~SFACTORY E~DENCE ) TO
BE ~E PERSO~S/ ~OSE NAMES) IS~RE SUBSCRIBED TO ~E ~IN INS~UMENT
AND ACKNO~EDGED T~E ~AT HE/SHE~EY'EXECU~D ~E SAME IN HIS/HER~EIR
AU~ORIZED CAPACI~ES~ AND ~A T BY HIS/HER~Et~'SIGNA ~R~S~ ON THE
INS~UMENT ~E PERSON[S). OR ~E EN~TY UPON BEHALF OF ~ICH
ACTED. EXECUTED THE INSTRUMENT.
WITNESS MY HAND:
SIGNATURE j' ,/, ~ z/ , /
NOTARY PUBLIC IN AND FOR SAID STATE
P'~NT NAME
SIGNATURE OF OMISSIONS
MY PRINCIPAL PLACE OF BUSINESS IS
IN ' ' COUNTY
MY COMMISSION EXPIRES
PURSUANT TO THE PROVISIONS OF' SEC110N 66436(0) (3) (A) O~ THE SUBDIVISION UAP ACT, THE
FOf. LOV~N¢ SI~A TURE5 HAVE BEEN O~ITTED :
THC~ IRVINE COMPANY, HOLDER OF ALL OiL MINERAL RIGHTS, NATURAL GAS, AND HYDROCARBONS
AS RESERVED AND RECORDED IN BOOK 11128, PACJZ 266 OF OFTICIAL RECORDS.
2. THE COUNTY OF ORANGE, HOLDER OF AN EASEMENT FOR PERPETUAL AIR OR FUCHT PURPOSES
PER ~,$TRUMENT RECORDED IN BOOK 6965, PACE 721 OF OFFICIAL RECORDS.
3. IRVINE INDUSTRIAL CO~P!..EX, HOLDER OF AN EASEMENT FOR INORESS AND EORESS AND INCIDENTAL
PURPOSES PER IN$7~UMENT RECORDED IN BOOK 11603, PAGE 110,I OE OFTICJAL RECORDS.
4. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR UNDERGROUND EEECTRIC
CONDUIT AND iNCIDENTAL PURPOSES PER INSTRUMENT RECORDED IN BOOK 11648, PAGE. 268
OF OFF1CIAL RECORDS .
BASIS OF BEARINGS
·
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING' BETWEEN O.C.S.
HORIZONTAL CONTROL STATION CPS NO. 6.551 AND STAtiON QPS NO. 6755 BEING
N54' 15' 13'W PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY
SURVEYOR.
DATUM STATEMENT
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SY~'JTEM,
(CCS83), ZONE VI. 1983 NAD. (1991.35 EPOCH 0C$ GP, S ADJUSTMENT).
ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERVvISE NOTED.
TO OBTAIN GRID DISTANCES, MULTIPLY GROUND DISTANCE BY 0.99997845.
ENGINEER'S STATEMENT
TH~S MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENT~ OF THE SUBDI~SION MAP ACT AND
LOCAL ORDINANCES AT THE REQUEST OF RICHARD N. DICK ON ,,~JLv 12. 1999, I HEREBY
STATE~ THAT ALL MONUMEN~ ARE OF ~E CHARAC~R AND OCCUPY ~E POSI~ON~
tND~CA~D , OR ~AT ~EY ~LL BE SET IN SUCH POS[~ONS WI~IN NINETY (90)
A~R ~E ACCEPTANCE OF IMPRO~MENTS ; AND ~AT SAID MONUMENTS ARE SUFFICIENT
TO ENABLE ~E SURLY TO BE RE,ACED. t HEREB~ STA~ ~A? ~IS PARCEL MAP
SUBSTANTIALLY CONFORMS TO ~E APPRO~D OR CONDI~ONALL Y ~oRO~D ~NTA~
M~c, IF ANY.
R.C.~. 28466
EXPlRA ~ON DA ~ 0~.~:.2002
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FCUND IT TO BE
SUESTANTIALLY IN CONFORMANCE WITH THE TT~NTATIVE MAP. IF REQUIRED. AS FILED
WITH. AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION: THAT ALL
~ROV'SIONS OF THE SUBDIVISION MAP ACT AND CiTY SUBDIVISIO,~ REGULATIONS
HAVE. BEEN COMPLIED WITH AND THE MAP IS ~CHNICALLY CORRECT IN ALL RESPECTS
NOT STATED TO BY THE COUNTY SURVEYOR.
DA~Z-D THIS DAY OF , 2000.
~M SERLET R.C.E. 28738
PUBLIC WORKS DIRECTOR/
CITY ENGINEER CITY OF TUSTIN
MY REGISTRATION EXPIRES 9-30-2002
COUNTY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING
PROVISIONS OF THE SUSDIV1SION MAP ACT HAVE BEEN COMPLIED I~,TH AND I AM SATISFIED
SAID MAP IS TECHNICALLY CORRECT (RELATIVE TO THE PARCEL MA~ BOUNDARY).
D~ TED THIS DAY OF~,2000.
JOHN CANAS. COUNTY SURVEYOR
COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE
ST~ TE OF CALIFORNIA)
COUNTY OF ORANGE )
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO
LIENS AGAINST THE LAND COVERED SY THIS MAR OR ANY PART. THEREOF FOR UNPAID
STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS
TAXES. EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED Ac, TAXES NOT YET
PAYABLE.
AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT '~HE PROVISIONS OF
THE SUBOIVlSION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE
~AYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND
COVERED BY THIS MAP.
DA TED THIS DA Y OF ,2000.
JOHN M. FE MOORLACH BY:
C~ ~E~X COLLECTOR DEPUTY TREASURER-TAX COLLECTOR
CITY CLERK'S CERTIFICATE
STATE_ OF CALIFORNIA)
COUNTY OF O'RANGE ,)
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY
COUNCIL OF THE CITY OF TUSTIN AT A REGULAR MEETING THEREOF HELD ~)N THE
DAY OF ,2000AND THAT THEREUPON SAID COUNCIL DID. BY AN ORDER
DULY PASSED AND ENTERED. APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE
CITY OF TUSTIN
I. SIOEWALK EASEWENT AS DEDICA~D.
2. ~'~. VEHICULAR ACCESS Rloi~fT~ TO WALNUT AVENUE AS RELEASED AND REUNOUISHED .
AND DID ALSO APPROVE SUBJ"E'~,'?--~URSUANT TO THE PROVISIONS OF SECTION
66436 (o) (3) {A) OF THE SUBDIV~SIt~N MAR ACT.
DATED THIS DAY OF .2000.
CITY cLERK OF CI OF TUSTIN
SHEET 2 OF 2 SHEETS
ALL OF TENTATIVE PARCEL
MAP NO. 99-196
NUMBER OF PARCELS = 2
GROSS AREA = 5.02 AC.
NET AREA = 5.02 AC,
SEE SHEET 1 FOR BASIS OF BEARINGS
AND DATUM STATEMENT.
ARCEL MAP NO. 99-196
IN THE CITY OF TUSTIN, COUNTY OF ORANGE,
STATE OF CALIFORNIA.
BEING A SUBDIVISION OF LOT 21 OF TRACT MAP NO. 8590 AS PER
MAP RECORDED IN BOOK 346 PAGES 19 THROUGH 24, INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, STATE OF
CALIFORNIA.
INDER JT CHAUHAN R.C.E. 28466
INDER ENGINEERING. INC,
DATE OF SURVEY: JANUARY, 2000.
12.5' IW, D£ E.4SE~ENT
UTILITIES
f;5.70 PAC~ I~2.
F'D. 2' l¢ ~TH tLIEgB£E TAG
J,~CC_.EPl~ ,'J N.£. CORNER
*~LOT 21. W.U. 346/;9-24, ON
' OL. 5'. UNDER RAILRO4D
N 55' rS' ~4" W ( N 55" 15' 08" W ~0.00' P£R ~.~. 346/19-24) 460.00'
CEN.q"RLINE Or 15' ~O-~-~'
STO~u DRAI~; £ASEUENT ~3jt~LI ., c,'
MONUMENT NOTES
0 INOICAIT$ SET £' ~RO*i P~P£ T4CCED R.&£. 28~6
· INDIC41TS FOUNO UONU~ENFJ AS NOTED
M INDICATES M£A~JRED
R INDICA lE~ RECORD
~'~ '~ /.~.' = ~ I~, PARCEL 1 "
.~,' ~"- ' or,3 = ~ I' AR~: GROSS & Ni ,
' ~';~ / ~ ~ = i~ = 1.898 ACRES x PARCEL 2
%~' (--)" ~ ~ i~ . - AR~: GROSS & N~ ~ ~ ~
% ,~r ~ ~ , ~ ~-' ~ = 3.123 ACRES ~ o ~ ~ ~
-- ~, ~ . ~ ',. ~
· I I ,~ = ~=~
~J, , ~,.~J ~ ~
, ,. ~kc ~s ~ ..... e~ --- ,/.8 ................... = ~. ~ '. ~,
~ ~ ~ I-1 4" ~
~-~ ~. '= .*/,.5- ~ , I;~zzl:ll If PARCEL 1
. / ~ ~ ~, ,.~1,~ ~
~N~RUNE ~ ~ ~T ~OE~
t 29I 14 . ,
D~NL 'A' ~ ~ ~ ~- NOT TO ~ K~L ~ AME~NC AND ~fS C ~
~ ]NE~Y~B~ 11570PA~[
DETAIL 'C'
NOT TO S~E
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RESOLUTION NO. 00-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING FINAL PARCEL MAP 99-196 TO SUBDIVIDE A FIVE (5)
ACRE PARCEL INTO TWO (2) PARCELS OF 1.89 AND 3.12 ACRES
FOR DEVELOPMENT OF AN OFFICE BUILDING ON THE SMALLER
PARCEL.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A.
That Final Parcel Map 99-196 to subdivide a five (5) acre parcel into two
parcels of 1.89 and 3.12 acres located at 2741 and 2761 Walnut
Avenue, for the purpose of developing a 33,141 square office building on
the smaller lot, was submitted by Inder Engineering on behalf of Jersey
Business Center Associates for consideration;
B.
That the Planning Commission recommended that the City Council
approve Tentative Parcel Map 99-196 on October 25, 1999, and the City
Council approved Tentative Parcel Map 99-196 on November 1, 1999;
C.
That Final Parcel Map 99-196 was considered by the City Council on
November 6, 2000;
Do
That, as conditioned, the proposed subdivision is in conformance with
the Tustin Area General Plan, Tustin Zoning Code, State Subdivision
Map Act and the City's Subdivision Code;
E. That the site is physically suitable for the type of development proposed;
F. That the site is physically suitable for the proposed density of
development;
e.
That Final Parcel Map 99-196 is Categorically Exempt (Class 15) from
the provisions of the California Environmental Quality Act pursuant to
Section 15315;
Ho
That the design of the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure
fish or wildlife in their habitat;
That the type of improvements proposed will not conflict with easements
acquired by the public, for access through or use of the property within
the project site;
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Exhibit A
City Council Resolution No. 00-74
Final Parcel Map 99-196
November 6, 2000
Page 2
II.
J.
That the types of improvements proposed are not likely to cause serious
public health problems;
K.
That the project has been reviewed for compliance with the Americans
with Disabilities Act of 1990 and it has been determined that dedications
of right-of-way to accommodate a four (4) foot wide sidewalk behind the
drive aprons are necessary for compliance with the requirements of ADA;
and,
L,
That the project has been reviewed for consistency with the Air Quality
Sub-Element of the City of Tustin General Plan and has been
determined to be consistent or has been conditioned to be consistent
with the Air Quality Sub-Element.
The City Council hereby approves Final Parcel Map 99-196 to subdivide a five
(5) acre parcel into two parcels of 1.89 and 3.12 acres located at 2741 and
2761 Walnut Avenue for the purpose of developing a 33,141 square office
building on the smaller lot, subject to satisfaction of the Community
Development and Public Works Departments prior to recordation.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the
6th day of November, 2000.
JEFFERY M. THOMAS
MAYOR
PAMELA STOKER
CITY CLERK
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Exhibit A
City Council Resolution No. 00-74
Final Parcel Map 99-196
November 6, 2000
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 00-74
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 6th day of November, 2000, by the following vote:
COU NCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBERABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
• ry cf. 6 , �' '
SUBDIVISION AGREEMENT
THIS AGREEMENT, made this /6 th day of October 2000 by and between the CITY
OF TUSTIN, a municipal corporation, herein called "CITY" and Jersey Business Center Associates,
Ltd.. A California Limited Partnership, herein called "SUBDIVIDER".
WITNESSETH
That in consideration of the City's approving the Final Map of Parcel Map No. 99-196, the
Subdivider hereby agrees to comply with all requirements of Chapter 3 of Title 9 of the Tustin City Code
and to furnish and install all sidewalks, curbs, grading, paving, street light poles, sewer mains with
sewer laterals, domestic water system, trees and other improvements in said subdivision without any
cost to the City, all in strict accordance with the Ordinances of said City, and with the Plans and
Specifications to be approved by the Tustin City Engineer, and all work to be done to the satisfaction of
the Tustin City Engineer. Subdivider shall furnish a bond, or bonds, to guarantee his faithful
rte-ormancs of this Agreement and payment for materials, equipment and .labor used in doing said
work. Subdivider agrees that said work shall be completed within one (1) year of the date hereof and
guarantees and warrants that for a period of one (1) year following completion and acceptance by the
City that said improvements shall be free of any defective work or labor done or defective materials
furnished. •
CITY OF TUSTIN
BY: .ze.esit . a ' '•
" MAYOR 10 —I(9-OO
ATTEST: SUBDDIIVIDER:
. ��� 01 .4 din, , BY: /% iJ&;
CITY CLERK/DEPUTY Rich.rd N. Dic , Owner
Jersey Business Center Associates, Ltd., A
California Limited Partnership
1711 West Cliff Drive
Newport Beach, CA 92660
\\comm_dev\vol I\S hared\Engineering\Templates\Boiler Plates&Forms\Monumentation Agreement\Subdivision Agreement.doc
• •
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
•
COUNTY OF Orange )
On this 211.1' day of Sone. AA9200obefore me;
awn MahKorn , Notary Public, personally appeared
i�h�rr1 ft Df eK
Name(s) of Signer(s)
✓ personally known to me — OR
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 sionature(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.
NOTARY SEAL Chi �
Signature of Not ry
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Individuai(s) Se $USlness
Corporate C rtVer Ass6Sc\S7tS L.ad•
Officers
Title(s)
Partner(s)
General Partner of a Limited DAWN MAHKORN
Partnership •�' Commission# 1177073,
Attorney-in-Fact v+„` Notary Public-California
n;
Trustee(s) `r' Orange County
Subscribinu Witness • 1st Comm.Expires Mar21,2002
Guardian/Conservator
• Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: St bMviskor-, O3CetTh*nC
NUMBER OF PAGES: DATE OF DOCUMENT:
I SIGNER(5)OTHER THAN NAMED ABOVE:
S
sly 0
Office of the City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.573.3026
FAX 714.832.0825
May 28, 2003
Richard N. Dick
Jersey Business Center Associates, Ltd.
1711 West Cliff Drive
Newport Beach, CA 92660
Dear Mr. Dick:
In accordance with City Council action on May 19, 2003, the following bonds for Parcel
Map 99-196 (2741 & 2761 Walnut Avenue) is/are being returned to you:
Faithful Performance Bond No. 3SM 983 726 00 $29,000.00
Labor and Material Bond No. 3SM 983 726 00 $14,500.00
Monumentation Bond No. 3SM 983 728 00 $ 1,400.00
Subdivision Warranty Bond No. 3SM 983 727 00 $ 2,900.00
If you have any questions, please call me at (714) 573-3026.
Sincerely,
relly
era 4 ®�
i/ V QzZtiCk
Marsha Miller
Interim Chief Deputy City Clerk
cc: Public Works
enclosures
, • Ext cuted In Triplicate
F
AP irst Term Premium Full arned Upon Issuance - No. PM 99-196
Premium (Two Years) : $435.00 Bond Amount $29,000
Bond No. 3SM 983 726 00
(Public Improvements)
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Tustin, State of California, and Jersey Business
Center Associates. Ltd.. A California Limited Partnership, (hereinafter designated as "Principal") have
entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement dated £ctob e r l Co , 2000, and identified as project Parcel
Mao No. 99-196, 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.
NOW, THEREFORE, we, the principal and American Motorists Insurance Company, as surety,
are held and firmly bound unto the City of Tustin (hereinafter called "City"), in the penal sum of Twenty-
gins thousand dollars and 00/100 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 and 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 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 City, 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.
3SM 983 726 00
• As a part of the obligatio ..bred hereby and in addition to th is amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees
incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any
judgment rendered. The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications. •
In witness whereof, this instrument has been duly executed by the principal and surety above
name on the 2154 day of S t me- , 2000.
(SEAL)
• By: /
Rich-rd N. Dick, Owner
Jersey Business Center Associates, Ltd.
1711 West Cliff Drive
Newport Beach, CA 92660
. (SEAL) American Motorists Insurance Company
SURETY
By: •
By: Willia Shupper, Attorney In Fact
7470 North Figueroa Street
A. zR \JED AS TO FORM: Los Angeles, CA 90041
ADDRESS
CITY AT T ORNEI' t
APPROVED AS TO CONTENT:
CITY ENGINEER
\\comm_dev\vol I\Shared\Engineering\Templates\Boiler Plates&Forms\Monumentation Agreement\Faithful Performance Bond.doc
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CALIFORNIA`ALL-PURPOSEtACKN,OW�iEDGMENT '.��x r�„+k, v�: ` =+t .,LL;;;�;_ _ tw,�,il�a�ryn,� ;,-
State of California
County of Los Angeles
On 2t 7II A. Melendez Notary Public
NAME TITLE OF OFFICER
personally appeared William J. Slimmer
NAME OF SIGNER
❑Personally known to me - OR - ❑ 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,
000e400e0en4ee6e0aeeees»saee0004140
Ant rr executed the instrument.
R mhos it 1256236 R
CALIFORNIA IG s WIT E S y 'and and fficial s al.
Miro 10,20R4
( I NATURE O OT Y)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
111 INDIVIDUAL
I-I CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
------------------------
❑ PARTNER(S) I I LIMITED
❑ GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR ?1 l 2
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE
Lumbermens Mutual Casualty Company
Lou Jones &Associates
ALL PURPOSE ACKNOWLEDGEMENT•
STATE OF CALIFORNIA )
COUNTY OF Thcdnot )
•
On this 21 day of 1')l )ne 1t2O(Vbefore me,
Yawn Mah\ orn , Notary.Public, personally appeared
&lard N • -0 Ial>
•
Name(s) of Signer(s)
personally known to me — OR
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 signatures) 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.
NOTARY SEAL Qi rn:"(Y"ah\41n0
• Signature of Notary
CAPACITY CLAIMED BY SIGNER: • SIGNER IS REPRESENTING:
•
Individual(s) 11)51 65 �cr
Corporate Pea5CCA. es l_±- •
Officers
4/. Partner(s)
• Partner(s) _
General Partner of a Limited
MORN
Partnership -� r N± Commission# 1177073
Attorney-in-Fact e Notary Public-California T.
�Trustee(s) ` a; Orange County
Subscribint Witness M;Cemm.ExpiresMar21,2002
Guardian/Conservator
• Other:
•
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: carihcu\ -Rrrrrnntxr.
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE:
•
•
Executed In Triplic
• _No. PM99-196
Bond Amount$14,500
Bond No. 3sM 983 726 00
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Tustin, State of California, and Jersey Business
Center Associates. Ltd.. A California Limited Partnership, (hereinafter designated as "Principal") have
entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement dated Qefoher 16 , 2000, and identified as project Parcel
Mao No. 99-196, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering upon the
per ormance of the work, to file a good and sufficient payment bond with the City of Tustin 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.
NOW, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly
bound unto the City of Tustin and all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement are referred to in the aforesaid Civil
Code in the sum of Fourteen thousand five hundred and 00/100 dollars for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, 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 attorney's fees, incurred by the City of
Tustin or any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
3SM 983 726 00
Iz is hereby expressly still/ id and agreed that this bond shall/.,s to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns, in
any suit brought upon this bond, subject to the priority of City.
Should the condition of this bond be fully performed, then this obligation shall become null and
void, otherwise it shall be remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of said agreement or the specifications accompanying the same shall in any manner affect
its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration
or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above
named on the 2.I day of ,\one- , 2000.
PRINCIPAL:
(SEAL) By: .�'/,%'/� i" �j_
Richard N. Dick, Owner
Jersey Business Center Associates, Ltd.
1711 West Cliff Drive
Newport Beach, CA 92660
(SEAL) Amer,•can Motorists Insurance Company
SURETY
By:
By: William J. Shupper, Attorney In Fact
?ROVED AS TO FORM:
ctn. G ) j 7470 North Figueroa Street
� G
CITY ATTORNE G Los Angeles, CA 90041
ADDRESS
APPROVED AS TO CONTENT:
CITY ENGINEER
\\comm_dev\voll\Shared\Engineering\Templates\Boiler Plates&Forms\Monumentation Agreement\Labor and Materials Bond.doc
• ' •
ektlIFORNIA''ALL-PURPOSEWa NOW,LTEDGMENT3
State of California
County of Los Angeles
AM
On M 2 t 0"1 A. Melendez
Notary Public
NAME TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
nPersonally known to me - OR - n 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
R °°°q3°� entity on
behalf toff which the person(s) acted,
a n MELENDE2 y upon eq q *1266236 0 executed the instrument.
CI( L(mRNIq
ousit i
n, Arid a WIT • SS jy f, nd and fficial seal.
4.
('.IG ATURE-OF NOT Y)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
n CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
-------------
n PARTNER(S) n LIMITED
GENERAL NUMBER OF PAGES
n ATTORNEY-IN-FACT
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR 9
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTI Y(IES)
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE
Lumbermens Mutual Casualty Company
Lou Jones 8 Associates
1‘e11Pert, • I • t
Home Office: Long Grove. IL 60049 _..�..W.w.
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove,
Illinois, (hereinafter collectively referred to as the'Company")do hereby appoint
William J. Shupper of Los Angeles, California
their true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed:
Any and all bonds and undertakings.""°"""""
EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,dwelt,draft or letter of credit
This authority does not permit the same obligation to be spat into two or more bonds In order to bring each such bond within the dollar Ymlt .
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes,as if the same had been duty executed and acknowledged by their regularly elected officeri at their principal office in
Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolution adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being In NO force and effect _
NOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute an
,.-
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, re opntzances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process.° •
This Power of Attorney Is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
NOTED.That the signature of the Chairman of the Board,the President,any Vice President or their appointees designated in writing and tried
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which It is attached,shall continue to •
be valid and binding upon the Company.'
in Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this January 28, 1993.
Attested and Certified: Lurnbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
et r„ ru
7firOtti l? eQ r r «er+a42
rY et SW.
Robert P. Names, Secretary by J.S. Kemper,ill, Exec.Vice President
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
•
COUNTY OF Cramp
On this 21s4 day of �un'� 142 before me,
Dav m Mah)t orn , Notary Public, personally appeared
a teharA N. D eY
Name(s) of Signer(s)
personally known to me — OR
•
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.
NOTARY SEAL
Signature of Nota
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:Gy
Individual(s) .)11erseN {�uslress Cai- er
Corporate Assocl kt L4}d
Officers
Title(s) _
Partner(s) DAWN MAHKORN
General Partner of a Limited r
n ' � Commission# 1177073
Attorney-in-Fact y- n �',r Notaty Co County
Attome?-in-Fact � Orange County
Trustee(s) My Comm.Expires A.la21,2002
Subscribing Witness •
Guardian/Conservator
Other: •
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
i TITLE OR TYPE OF DOCUMENT: isjpr = Mater a\ rvk
' NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S)OTHER THAN NAMED ABOVE:
•
•
Exf,c,Lted In Triplicate
Firs_ Term Premium Fully._.ed Upon Issuance _ ,Jo. PM99-196
Premium (Two Years) : $100.00 Bond Amount. $2,900
Bond No. 3SM 983 727 00
Expiration Date June 20, 2002
SUBDIVISION WARRANTY BOND
WHEREAS, the City Council of the City of Tustin, State of California, and Jersey Business
Center Associates. Ltd., A California Limited Partnership, hereinafter designated as "Principal") have
entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement dated OCto b e r 16 , 2000, and identified as project Parcel
tvt--0 No. 99-196, is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to guarantee and
warrant that said improvements shall be free of any defective work or labor done or defective materials
furnished for a period of one (1) year after completion or acceptance by the City of Tustin (hereinafter
cared "Tustin").
NOW, THEREFORE, we, the principal, and American Motorists Insurance Company as
surety, as held and firm bound unto Tustin in the penal sum of Two thousand nine hundred and 00/100
dollars lawful money of the United States, for the payment of which sum well and truly 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,
e•::.eecutors, administrators, successors or assigns, shall in all things stand to and abide by, and well and
truly keep and perform the covenants, conditions and provisions in the said agreement regarding the
guarantee and warranty of said improvements as aforementioned and any alteration thereof made as
therein provided, on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall indemnify and save
harmless the City of Tustin, its officers, agents and employees, as therein stipulated, then this
3SM 983 727 00
ot_iigaticn shall become null an ._,'otherwise it shall be and remainik.i'force and effect.
As a part of the obligation secured and in addition to the fact amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by Tustin in successfully enforcing such obligation, all to be taxed as costs and included in any
judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the agreement or to the work performed thereunder or the specifications accompanying
the same shall in anywise affect change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
In Witness whereof, this instrument has been duly executed by the principal and surety above
names, on the 2,ls day of _)• n2 , 2000. �f •
PRINCIPAL: /i
(SEAL) By: Richard N. Dick, Owner
Jersey Business Center Associates, Ltd.
1711 West Cliff Drive
Newport Beach, CA 92660
(SEAL) Amer cans oto ists Insurance Com.any
By: 1111!,
William Shupper, Attorney In Fact
A:PP-ROVED AS TO FORM:
• 7470 North Figueroa Street
Y
�
CI A iTi OR � 0 Los Angeles, CA 90041
ADDRESS
APPROVED AS TO CONTENT:
CITY ENGINEEI
\\comm_dev\vol l\Shared\Engineering\Templates\Boiler Plates&Forms\Monumentation Agreement\Subdivision Warrnty Bond.doc
• I • I
CAL`II+ORNIAI-ALL-PURPOSE em.K.N,t _i.dEDGMENT „;s ' „ >.& x''k "F kt
State of California
County of Los Angeles
���ry� tJ,t Notary Public
2 t
On CA.e1r f A. Melendez
NAME TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
❑Personally known to me - OR - ❑ 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,
r ' 1 w °°Ono executed the instrument.
a. 4 Iz i L f1061
'oea'.
y imp Prif l� 46;?,3 1
"I'"I -Iii, Fo,Idly iWITNE',S, y a and and o ' cial seal.
�a+umrco-ceaa �Y mrr FnY,1 CG'!! S
t�Jkl ip 1
asepodcr+u•0 0
march s g0a'Ima 1=ALI✓ ! s _14 0
(SIGCATURE OF NOTAii
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
• GUARDIAN/CONSERVATOR NV
OTHER ?AuliF!
❑
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE
Lumbermens Mutual Casualty Company
Lou Jones & Associates
lrEMPER. • I •
Horne Office: Long Grove,IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove,
Illinois, (hereinafter collectively referred to as the'Company')do hereby appoint
William J. Shupper of Los Angeles, California
their true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of Issuance
of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed:
Any and all bonds and undertakings."'! '
EXCEPTION: NO AUTHORITY Is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,diode,draft or letter of credit
This authority does not pem t the same obligation to be split into two or more bonds in order to bring each such bond within the dollar Britt .
of authority as set forth herein.
•
This appointment may be revoked at any time by the Company. - - 5•�:
The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes,as if the same had been duly executed and acknowledged by stele regularly elected officers at their pdndpal office in
Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Consrittees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois,true and scants copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in fun farce and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fad,and to authorize them to execute on„-
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of Indemnity and
other writings,obligatory In the nature thereof,and any such officers of the Company may appoint agents for acceptance of process? ..
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
'VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with reaped to any bond or undertaking to which It is attached,shall continue to •
be valid and binding upon the Company.'
In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this January 28, 1993.
Attested and Certified: Lumbermen Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
S ear,
( 4 S
spa
Robert P.Names, Secretary by J.S.Kemper, III, Exec.Vice President
• ' • i
•
ALL PURPOSE ACKNOWLEDGEMENT•
STATE OF CALIFORNIA )
•
• COUNTY OF Qraroe.
•
On this 71:51 day of one. Alilbefore me,
N z nknrn Notary Public, personally appeared
R'tclnarrl Pl. -Dick
•
Name(s)of Si_ner(s)
✓ • personally known to me — OR
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 sianature(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.
NOTARY SEAL
Signature of Notary
CAPACITY CLAIMED BY SIGNER: SIGNER IS tRREPRESENTING:
Individual(s) c\ -e LV51ne5S Cer y er
Corporate Assoc a�ec, ) I.*k
Officers
/ Title(s)
Partner(s)
General Partner ofa Limited
Partnership
Attorney-in-Fact ��-;'� DAWN MAHKORN
Trustee s ]]] E� A Commission# 1177073
O F®z..,—.. Notary Public-California
Subscribinu Witness County
Guardian/Conservator r ,7 Oron�eeSMat
.y Comm.Expires MOr2.,2002
• Other: _ _ . — - - — � _
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: $s baivicton Wartt9ni R-ond
NUMBER OF PAGES: DATE OF DOCUMENT:
•
SIGNER(S) OTHER THAN NAMED ABOVE:
• 1 •
MONUMENTATION
AGREEMENT
This agreement made and entered into this 1 Q h day of O°to be r 2000, by and
between Jersey Business Center Associates, Ltd., A California Limited Partnership hereinafter referred
to as "Subdivider" and the City of Tustin, a municipal corporation, hereinafter referred to as "City".
WHEREAS, Subdivider has prepared and offered to City for acceptance a final map of Parcel
Mao No. 99-196 and
WHEREAS, Section 66495 of the Government Code requires that tract monuments be set by
Subdivider before recordation of a final tract map or that Subdivider contract for and bond such
obligations.
NOW, THEREFORE, Subdivider hereby agrees to furnish and install all monuments for Parcel
Ms.t No. 99-196 on or before 0C-fob er IA , 2001, in accordance with the provision of law,
and furnishes a bond/cash in the sum of fourteen hundred and 00/100 dollars.
A:PRiROVED AS TO FORM: CITY OF TUSTIN
BY: G �2�/ BY: \/
CITY ATTO Ep (� MIAyOR /0,..(6 -DO
SUBDIVIDER
BY: ✓�
Richard N. Dic , Owner
•
EXHIBIT "B"
ATTEST:
•
w Alit ADP -
City Clerk/Deputy
\\comm_dev\vol l\Shared\Engineering\Templates\Boiler Plates&Forms\Monumentation Agreement\Monumentation Agreement.doc . .
• • • ;
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF O'rocp ) .
On this at day of dune. o before me,
—Dawn Mah rn , Notary Public, personally appeared
tciard c,K
Name(s) of Signer(s)
J personally known to me — OR
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.
NOTARY SEAL • CIALO-yt-c, } 7
Signature of Notary
CA PACT i i CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
• Individual(s) erses4 Cer,AeY-
Corporate Ass/via-Aces) L{ri
Officers
Title(s) •
Partner(s)
Partner of a Limited ���c�,-.. DAWN MAHKORN
Partnership . y"'"' Commission- 1177073 z
Attorney-in-Fact a'4a Noi Oryonpe -Coliforni0
�;tic. Orange County
Trustee(s) mf
Ny Comm.Expires Mar21,2002
Subscribinu Witness _71 _ _ _ _ _ .+ —
Guardian/Conservator
• Other: •
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: Winomervion r nness+
NUMBER OF PAGES: DATE OF DOCUMEN
SIGNER(S) OTHER THAN NAMED ABOVE:
•
Executed In Triplicate.
f NO. PM99-196
First Term Premium Fully Earned Upon Issuance BOND NO 3SM 983 728 00
Premium (Two Years) : $100.00 AMOUNT $1,400
MONUMENTATION BOND
KNOWN ALL MEN BY THESE PRESENTS: That Jersey Business Center Associates, Ltd., a
California Limited Partnership as, and hereinafter referred to, collectively as "Principal", and
American Motorists
Insurance Company a corporation organized and existing under the laws of the State of Illinois
and duly authorized to transact surety business in the State of California, as, and hereinafter referred to
as, "Surety", are held and firmly bound unto the City of Tustin, hereinafter referred to as the "CITY", in
the sum of fourteen hundred and and 00/100 dollars or the payment of which Principal and Surety bind
themselves, their heirs, administrators, successors and assigns, jointly and severally, as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal is the owner of a tract of land in the City, which it is seeking to subdivide and
within which it seeks to dedicate certain streets and easements to public use, and has filed with the City
a final subdivision map for such tract of land designated as Parcel Map No. 99-196 for approval and
acceptance cr such streets and easements; and
WHEREAS, as a condition precedent to the approval of said tract map and the acceptance of the
dedication of such streets and easements, Principal is required to construct and install survey
monuments or agree to construct and install such monuments and execute and deliver to the City a
bci d on a form approved by the City, securing the faithful performance of the Agreement of Principal to
construct and install such monuments, pursuant to the provisions of Section 66495 of the Government
of the State of California;
WHEREAS, Principal, by that Monumentation Agreement, dated Oti-obey 16, 2000, a copy of
which is attached hereto as Exhibit "B", has agreed to construct and install such monuments; and
WHEREAS, Principal shall complete the construction and installation of such monuments on or
before OC+0ber 16 2001; and
• 3SM 983 728 00
WHEREAS, the constructioS a' installation of such monument ill be at the sole cost and
expense of Principal; and
NOW THEREFORE, if Principal shall faithfully perform all agreements contained in such
Monumentation Agreement, then this obligation shall be null and void.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements and obligations
contained in such Monumentation Agreement, then this obligation shall remain in full force and effect.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change,
extension of time, alteration or modification of the Monumentation Agreement, or of the work to be
performed thereunder shall in any way effect it obligation of this bond and it does hereby waive notice
of any such change, extension of time, alteration or modification of the contract documents or of work to
be performed thereunder; and
PROVIDED FURTHER, that in case suit brought upon this bond, a reasonable attorneys' fee, to be
fixed by the Court, shall be paid by Principal or Surety.
PRINCIPAL: C li
SIGNED, SEALED AND DATED THIS / /1,
26th day of June, 2000 BY: Richard N. Dick. Owner
Address of Principal:
Jersey Business Center Associates, Ltd., A
California Limited Partnership
1711 West Cliff Drive
APPROVED AS TO FORM:
j•-• 5{-firi-d—{
Newport Beach, CA 92660 •
CITY ATTORNtE*i' SU" 1, A -rican Motorists Insurance Company
BY: / hi
A.=PROVED AS O CONTENT: • P , ' f
William J. Shupper, Attorney in Fact
Address of Surety:
CITY ENGINE R
(Seal) 7470 North Figueroa Street
Los Angeles, CA 90041
\\comm_dev\vol l\Shared\Engineering\Templates\Boiler Plates&Forms\Monumentation Agreement\Monumentation Bond.doc
. I
. CALIFORNIA%ALL=PURPOSErA'kCKIVay,L DGME.tsTaa ' a rwma, ,nf ,.!,iar
State of California
County of Los Angeles
On IS A. Melendez Notary Public
NAME TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
❑Personally known to me - OR - ❑ 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.
WIT ' . 1 yiand -rid officia seal.
_ . a f LIAl i.�
(�. NATURE OF NO j•RY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form. —
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
U TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE
Lumbermens Mutual Casualty Company
Lou Jones &Associates
ICBmPER. • ; •
..
Rome Office: Long Grove, It. 00049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company. corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove,
Illinois, (hereinafter collectively referred to as the'Company')do hereby appoint
William J. Shupper of Los Angeles, California
their true and lawful agent(s)and attomey(s)-In-fact,to make,execute,seal,and deliver during the period beginning with the date of Issuance
of this power and ending on the date specified below,unless sooner revoked for and on Its behalf as surety,and as their act and deed:
Any and all bonds and undertakings.„*""-'!'"
EXCEPTION: NO AUTHORITY Is granted to make, execute.seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be spilt into two or more bonds In order to bring each such bond within the dollar dmlt
of authority as set forth herein.
This appointment may be revoked at any time by the Company. ,•:
The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes,as if the same had been duty executed and acknowledged by their regularly elected officers attic eir principal office in
Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23. 1988 at Chicago, Minds,true and accurate copies of wNch are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full farce and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-In-fact and to authorize them to execute on.:
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognisances, ant:acts of Indemnity and
other writings,obligatory In the nature thereof,and any such officers of the Company may appoint agents for acceptance of process.' ...
This Power of Attorney Is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988:
'VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary, the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which It is attached,shall continue to •
be valid and binding upon the Company.'
In Testimony Whereof,the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers,
this January 28, 1993.
Attested and Certified: Lumbernens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual insurance Company
7fer/C4t fJ a'T/`e r 4
S ewe ^'p
Robert P. Flames, Secretary by J.S.Kemper, III, Exec.Vice President
• •
. i
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF C)rei )
•
On this at day of June 21 Ig2t0, before me.
1�Wrn Wxn Notary Public, personally appeared
Renar6 hl. �ln
•
Name(s) of Siener(s)
✓. personally known to me — OR
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.
•
Ni_i A?.Y SEAL r -Nth t,\t ip
Signature of Not ry
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Individual(s) I �� CY
Corporate M
Otucers
/ Title(s)
Partner(s)
General Partner of Limited 4 DAWN MAHKORN
Partnership ,7�1' Commission
Attorney-in-Fact ®r-G,�.:'` NotaryPublic-California
z
Trustee (s) - -+ter` Orange County
— —
Subsc:ieine Witness by Commrx— pires- -
0(Y2
Mar21,21
Guardian/Conservator —
•
• Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: Monumr_rt ion Tory
I NUMBER OF PAGES. DATE OF DOCUMENT:
SIGNER(5) OTHER THAN NAMED ABOVE:
•
•