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Home My WebLink About11 RELEASE OF BONDS 12-18-00AGENDA RE.- ORT MEETING DATE DECEMBER 18, 2000 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION NO. 11 12-18-00 SUBJECT: RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15601(TREVISO) SUMMARY All monumentation associated with Tract No. 15601 has been completed and the Public Works Department is recommending release of the Monumentation Bond. RECOMMENDATION It is recommended that the City Council authorize release of the Monumentation Bond for Tract No. 15601 for the indicated amount: Monumentation Bond No. 1563260 ............................................... $21,000.00 FISCAL IMPACT None. BACKGROUND The subject tract is bounded on the west by the City limits, on the east by Tract No. 15563, and on the south by Tract No. 14188 as shown on the attached location map. As a condition of approval the developer, Warmington TR Associates, L.P., was required to post the following bond. Monumentation Bond No. 1563260 ............................................... $21,000.00 DISCUSSION The developer has completed all work related to monumentation within Tract No. 15601 as required by the conditions of approval to the satisfaction of the Public Works Department. It is recommended that the above-mentioned bond be released by the City Council. -C--/ �42W4�_ fit;T-im D. Serlet ..- Director of Public. Works/City Engineer TDS: JO: ccg: Release Mom Bond Tr 15601.doc Attachment rry eson Associate Civil Engineer Z F- D F - LL O AM W klqw*lo1 / L / / / 1 , 1 , t/ ,. / o I / \ � O U- \I ' 1 ,CD o I T Z p Oz \ / -- � / O 1 I I Q I 1 1 / L / / / 1 , 1 , c o / lr o I \ � O U- \I ' 1 ,CD o I T Z p Oz \ / -- � 1 � I -I I O 1 I I Q I 1 1 1 � I I 1 I � I I 1 L1 I I 1 I ' I I I I I 1 1 \ c I 1 I \1 I / 1 I � I I I CJ 1 C/\ I 1 I 1 � I -I I 1 � 1 I 1 I I Q I 1 1 1 � I I 1 I � I I 1 L1 I I 1 I ' I I I I I 1 1 \ c Office of the City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 December 19, 2000 Warmington Homes 3090 Pullman Costa Mesa, CA 92626 Gentlemen: In accordance with City Council action on December 18, 2000, the following bond(s) are being returned to you: Tract No. 15601 — Monumentation Bond #1563260 $21,000.00 If you have any questions, please call me at (714) 573-3026. Sincerely, Lee Mahony City Clerks Office cc: Public Works End. l • • . r2ACT NO. 15601 BOND NO 1563260 AMOUNT $21.000.00 _ MONUMENTATION BOND PREMIUM _252.00 KNOWN ALL MEN BY THESE PRESENTS: That WARMINGTON TR ASSOCIATES L.P. as, and hereinafter referred to, collectively as "Principal", and INSURANCE COMPANY OF THE WEST a corporation organized and existing under the laws of the State of CALIFORNIA , 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 twenty-one thousand 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 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 _Tract No 15601 for approval and acceptance of 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 bond 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 May 20 , 1998, 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 May 20�02000d "t FREAS. the construction and installation of such monuments shall 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. MR SURETY: INSURANCE CPANY OF THE WEST BY: �/` Attorney in Fact BILLY G. BERGAN, ATTORNEY-IN-FACT (Seal) Address of Surety: 1565 Exposition Blvd I1140 Sacramento, CA 95815 APPROVf�EDAS TO FORM: CITY ATTORINt APPROVED TQCONTENT: CITY ENGINE ,"w(YPJNE .i N, CKEC`-M L'daaub • I •I Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: BILLY G. BERGAN its true and lawful Attomey(s)-in-Fad, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attomey is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 22nd day of December 1997 . STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO (0 INSURANCE COMPANY OF THE WEST On December 22nd, 1997 before me, personally appeared John L. Hannum, Executive Vice President of INSURANCE COMPANY OF THE WEST, personalty known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument. WITNESS my hand and official seal. M oM M. #107 BOTS (1 l COMM. #1077908 C1 vVi •-m NOTARY PUBLIC-CALIFOW j I��_..1 L SAN DIEGO. COON. �%'L�;-t' U .moi My Commission Expires 1 Notary Public NOVEMBER 19, 1999 CERTIFICATE: 1, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 19th day of May 19 98 -- n aer^xro�lr, INSURALICE OMP N OF THE WEST f' ' .doeraWen // I John H. Craig, Assistant Pecretary ICW 37 State of Califomia County of Sacramento On May 19, 1998 'before me, Lezah Price , personally appeared Billv G. Berean OPersonally 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 acknowledzed to me that he/she/they executed the same in his/her/their authorized capacity (ies) and that by his LEZAH PRICE /her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed 0 Comm. #1098590 the instrument. NOT • ARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY b L Comm. Exp. May 28, 2000 tMNgSS my hand and official seal. (Signature of Notary Public Though the information below is not required by law, it may prove valuable to person' retving on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: ----- Document Signer(s) Other Than Named ,Above: Capacity(ies) claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer is Representing: Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -❑Limited [—]General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of Thumb Here CALIFORNIA ALL-PURPS ACKNOWLEDGMENT 0 ') State of 0_a�, �u Q County of (�`v C C On Qbefore me, �L - Y<< 1 I `ll3C1iG_vu Date Name and Title of Officer (e.g., 'Jane Dae, Notary Pub .) personally appeared - 5 Li Sit t\rC Names) of Signer(s) El -personally -known -to -me - OR - �[ proved to me on the basis of satisfactory evidence to be the person(5) whose name(s4 is/are subscribed to the within instrument and acknowledged to me that he/`stm/tkey executed the same in his/ter/thor authorized capacity(ies), and that by hl his/hgr/thdr signatures) on the instrument the personw, USA M. LARSON or the entity upon behalf of which the personal acted, Commission # 1150045 Z ® NotaryPublic- California executed the instrument. Orange County > MyComm.SoiresAuga,20p1 WITNESS my hand and official seal. v Signature o Lary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 5 -")0\ S?-) Number of Pages: —�D— Signer(s) Other Than Named Above: �.\\u-n✓Y C v� Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTOFHMBRRIN SIGNER T ® 1995 National Notary Associatlon • 8236 Remmet Ave., P0. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Tall -Free 1-800-876-6827