HomeMy WebLinkAbout01 PARCEL MAP 99-197 10-18-99DATE:
inte
NO. 1
10-18-99
r-Com,
OCTOBER 18, 1999
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM' COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TENTATIVE PARCEL MAP 99-197
RECOMMENDATION
That the City Council adopt Resolution No. 99-88 approving Tentative Parcel Map 99-197.
FISCAL IMPACT
The Tentative Parcel Map is an applicant initiated project. Fees totaling $1,230.00 were collected
for the processing of this map.
BACKGROUND
On July 12, 1999, the Planning Commission approved Conditional Use Permit 99-002(A), Design
Review 99-001 and Sign Code Exception 99-001(A). This approval authorized the construction of
a 3,322 square foot fast-food restaurant (Wendy's) with a drive-thru facility and the installation of
four (4) wall signs on a vacant 39,000 square foot site at 13922 Red Hill Avenue. The project site
consists of two (2) vacant parcels. Condition No. 2.11 of Resolution No. 3681 required that the
applicant consolidate the affected parcels into one parcel prior to issuance of building permits. On
October 11, 1999, the Planning Commission adopted Resolution No. 3694 recommending that the
City Council approve Tentative Parcel Map 99-197.
Site and Surrounding Properties
The project site is located at the southeast corner of Red Hill Avenue and El Camino Real (see
Location Map - Attachment A). A freeway on-ramp and a service station are located across Red
Hill Avenue to the west, and a service station and retail commercial center are located to the north
across El Camino Real. The I-5 Santa Ana Freeway is located to the south and the freeway right-
of-way and a hotel are located to the east along El Camino Real.
City Council Report
TPM 99-197
October 18, 1999
Page 2
DISCUSSION AND ANALYSIS
The project site at 13922 Red Hill Avenue consists of one (1) 19,616 square foot parcel and one
(1) 19,707 square foot parcel. The configuration of the site plan approved under CUP 99-002(A)
and Design Review 99-001 would place the existing parcel line in the middle of the proposed
dining area of the restaurant. The Uniform Building Code requires that, if a building crosses a
property line that there be a "fire-rated" wall along the property line. This is to limit liability should
one of the parcels fall under different ownership, than the other, and a fire or similar disaster
occurs. As it would be impractical to construct such a dividing wall in the middle of the proposed
dining room, the applicant is pursing a parcel map to combine the two parcels into one.
The tentative parcel map (Attachment B) is generally in compliance with State and City
requirements. Conditions of approval contained in Exhibit A of Resolution No. 99-88 are
included to ensure compliance with the Subdivision Map Act and the City of Tustin Subdivision
Manual. All conditions of approval for CUP 99-002(A) and DR 99-001 contained in Exhibit A of
Resolution No. 3681 (Attachment C) are also applicable to this project. In particular, Condition
4.15 of Resolution No. 3681 required the property owner to dedicate to the City land for future
right-of-way improvements to Red Hill Avenue and El Camino Real. Condition 1.3 of Resolution
99-88 details the specific area of dedication to ensure that future traffic volume can be
accommodated. This of dedication has been included on the Tentative Parcel Maps.
B J.- ans~
BE:Tpm99197ccreport
Elizabeth A. Binsack
Community Development Director
Attachments:
A - Location Map
B - Tentative Parcel Map 99-197
C - Planning Commission Resolution No. 3681
D - Resolution No. 99-88
ATTACHMENT A
LOCATION MAP
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EL CAMINO REAL
[I-5) SANTA ANA FREEWAY
ATTACHMENT B
TENTATIVE PARCEL MAP 9.9-197
ATTACHMENT C
PLANNING COMMISSION RESOLUTION
NO. 3681
RESOLUTION NO. 3681
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-
002(A), DESIGN REVIEW 99-001 AND SIGN CODE EXCEPTION
99-001(A), AUTHORIZING THE CONSTRUCTION OF A FAST
FOOD RESTAURANT WITH DRIVE-THRU SERVICE AND FOUR
(4) WALL SIGNS TOTALLING 121 SQUARE FEET OF AREA ON
A VACANT PARCEL LOCATED AT 13922 RED HILL AVENUE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A,
That a proper application for Conditional Use Permit 99-002(A),
Design Review 99-001 and Sign Code Exception 99-001(A) was
filed by Kent Bickell of Consolidated Restaurants of California on
behalf of the property owners to request authorization for
construction of a 3,322 square foot fast food restaurant with drive-
thru service, and installation of four (4) wall on a vacant parcel
located at 13922 Red Hill Avenue, more specifically described as
Assessor's Parcel Nos. 500-021-02 and 500-021-04.
B,
That the proposed use is allowed within the C-2 Central
Commercial District, with the approval of a Conditional Use Permit
(TCC Section 9233(C)(g)) and a Sign Code Exception (TCC
Section 9405(C)).
Co
That a public hearing was duly called, noticed and held on said
application on July 12, 1999 by the Planning Commission.
D,
That the establishment, maintenance and operation of the uses
applied for will not, under the circumstances of this case, be
detrimental to the health, safety, morals, comfort, or general welfare
of the persons reSiding or working in the neighborhood of such
proposed use, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or to the
general welfare of the City of Tustin, as evidenced by the following
findings:
1)
On-site traffic concerns would be mitigated through the
implementation of the improvements identified in the
applicant's traffic study, and recommended by the City's
Traffic Engineer.
2)
As conditioned, light/glare and noise from' the drive-thru
facility would be screened through the use of proposed site
and landscaping improvements.
3)
The hours of operation would be limited to 6:00 a.m. to 1:00
a.m., daily.
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2.4
2.5
Resolution No. 3681
Page 2
4) All operations, including the drive-thru and menu board
shall comply with the City of Tustin Noise Ordinance.
Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural features and
general appearance of Design Review 99-001, as conditioned, will
not impair the orderly and harmonious development of the area, the
present or future development therein, or the occupancy as a
whole, in making such findings, the Commission has considered at
least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
9. Location and appearance of equipment located outside of
an enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing
structures in the neighborhood.
12. Appearance and design relationship.of proposed structures
to existing structures and possible future structures in the
neighborhood and public thoroughfares.
13. Proposed signage.
14.. Development Guidelines and criteria as adopted by the City
Council.
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2.4
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Resolution No. 3681
Page 3
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Pursuant to Sign Code Section 9405c, the request to install the four
(4) wall signs can be supported by the following findings:
1.
Sign size and placement restrictions of the Sign Code
shall be closely followed as practicable.
The total area of the four (4) proposed wall signs is less
than the total allowable area for a primary and two
secondary signs by approximately four (4) square feet. The
increased area for the three (3) secondary signs consistent
with the primary sign in size and design. All signs would be
installed on walls or parapets of the same size
complementing the design of the restaurant building.
1
The intent and purpose of the sign regulations of the
land use zone in which the sign is to be located shall be
followed as closely as practicable.
The proposed wall signs will appear in scale with the project
and are compatible with the project's color palette.
3.
There are special circumstances unique to the property
to justify the exception.
The project-site is roughly triangular in shape, and is
bounded on two sides by public street rights-of-way and on
the third side by a freeway off-ramp and overpass.
Consistent with the purpose of the Sign Code, the proposed
wall signs would create better visibility given the project's
proximity to three (3) separate rights-of-way.
1
Granting of the wall sign exception will not have.a
negative impact on surrounding properties.
The proposed wall signs will not be detrimental-to, or have a
negative effect on, surrounding properties in that the signs
are compatible with uses in the surrounding area in location,
size, and fabrication. The proposed wall signs complement
the architecture of the center and are directed away from
adjacent residential properties.
.
The sign application promotes the public health, safety,
welfare and aesthetics of the community and that the
granting of the exception meets the findings and intent
of the Sign Code.
The proposed sign would improve the aesthetics of the
subject property in that the signs are designed to be an
integral component of the building architecture.
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Resolution No. 3681
Page 4
A Negative Declaration has been prepared and certified for this
project in accordance with the provisions of the California
Environmental Quality Act (CEQA).
H.
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 with the Air Quality Sub-element.
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 at the drive apron and all radius type
driveways are necessary for compliance with the requirements of
ADA.
II. The Planning Commission hereby takes the following actions:
.
Conditional Use Permit 99-002(A) and Design Review 99-001 to
authorize the construction of a 3,300 square foot fast food restaurant
with drive-thru service on two vacant parcels located at 13922 Red Hill
Avenue, is approved subject to the conditions contained in Exhibit A,
attached hereto.
.
Sign Code Exception 99-001(A) regarding 'the installation of four (4)
wall signs totaling approximately 121 square feet in area at the subject
property, is approved subject to the conditions contained in Exhibit A,
attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 12th day of July, 1999.
~ESLIE A. PONTIOUS
Chairperson
Planning Commission Secretary
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Resolution No. 3681
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN .)
!, ELIT_ABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 3681
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 12th day of July, 1999.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
EXHIBIT a
CUP 99-002(A), DR 99-001 AND SCE 99-001(A)
13922 RED HILL AVENUE
CONDITIONS' OF APPROVAL
RESOLUTION NO. 3681
(1)
1.1
The proposed project shall substantially conform with the submitted plans for the
project date stamped July 12, 1999 on file with the Community Development
Department, as herein modified, or unless otherwise indicated, as modified by the
Community Development Director in accordance with this Exhibit. The Director
may also approve subsequent minor modifications to plans during plan check if
such modifications are consistent with provisions of the Tustin City Code or other
applicable regulations.
(1) .
1.2
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project, subject
to review and approval by the Community Development Department.
1.3
(1)
:
The subject project approval shall become null and void unless permits for the
proposed i project are issued and' substantial construction is underway within
eighteen (18) months of the date of this Exhibit. Time extensions may be
considered if a written request is received by the Community Development
Department within thirty (30) days prior to expiration.
Approval of CUP 99-002(A), DR 99-001 and SCE 99-001(A)is contingent upon'the
applicant and property owners signing and returning an "Agreement to Conditions
Imposed" form as established by the Community Development Department.
(1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and
liabilities arising out of a challenge of the City's. approval of this project.
PLAN SUBMIT-i'AL
·
(1) 2.1 At building plan check submittal the following shall be provided:
k.
Construction plans, structural calculations, and Title 24 energy calculations.
Requirements of the most recently adopted Uniform Building Code, State
Disabled Access and Energy Requirements shall be' complied with as
required by the Building Official.
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Preliminary technical details and plans for ali utility installations including
telephone, gas, water and electricity. Additionally, there shall be a note on
the plans stating that no field changes shall be made without corrections
submitted to and approved by the Building Official.
SOURCE CODES
(1)'
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
EQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No. 3681
Page 2
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(3) 2.2
(3) 2.3
(4) 2.4
(1) 2.5
(1) 2.6
(1) 2.7
(1) 2.8
(1) 2.9
Final grading and specifications consistent with the site plan and
landscaping plans and prepared by a registered civil engineer for approval
by the Community Development Department.
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A precise soils engineering report provided by a civil engineer within the
previous twelve (12) months.
A surety/cash bond will be required to assure work is completed in accordance
with approved plans. Bonds will be based upon the estimated cost of the
grading, drainage, and erosion control prior to the issuance of a grading permit.
Two (2) disabled accessible parking spaces shall be provided with an additional
five (5) foot loading area with striping and ramp; disabled persons shall be able to
park and access the building without passing behind another car. At least One (1)
accessible space shall be van accessible served by a minimum 96 inch wide
loading area.
At Building Plan Check, manufacturer's details of all lighting fixtures and a lighting
plan which identifies the location, type of fixture, and intensity of all exterior building
mounted and free-standing lighting shall be provided. A note shall be provided on
the plans that "All parking areas shall be illuminated with a minimum of one
footcandle of light, and lighting shall not produce' light or glare or have a negative
impact on adjacent properties." Provide a photometric study verifying compliance
with this requirement. All light fixtures shall be architecturally compatible with the
proposed and existing structures.
Indicate on the title sheet compliance with the folloWing codes, City, state and
federal laws and regulations to include:
· 1997 Uniform Building Code with California Amendments
· 1997 Uniform Mechanical and Plumbing Codes with California Amendments
· 1996 National Electrical Code with California Amendments
· City of Tustin Grading and Security Ordinance
· City of Tustin Landscaping and Irrigation Guidelines
· City of Tustin Private Improvements Standards
Submit seven (7) sets of building plans to the Building Division for review and
approval prior to the issuance of a building permit.
Submit seven (7) sets of excavating/grading plans and two preliminary soils reports
to the Building Division for review and approval prior to the issuance of a grading
permit.
The engineer of record must submit a final compaction report to the Building
Division for review and approval prior to the issuance of a building permit.
The engineer of record must submit a letter of pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
Exhibit A
Resolution No. 3681
Page 3
(1) 2.10
Drainage, vegetation, circulation, street/driveway sections, curbs,
sidewalks, and storm drains.shall comply with the City of Tustin
Improvement Standards.
gutters,
Private
(3)
2.11 A parcel map consolidating all affected parcels into one legal parcel will be
required prior to issuance of grading or building permits.
(5)
2.12
Prior to permit issuance, clearance from the Orange County Health Department is
required.
SIGNS
(4) 3.1
Prior to issuance of a Certificate of Occupancy, complete sign plans shall be
submitted which address ali proposed wall, directional, and address signs. The
existing pylon sign structure shall be removed. The sign plans shall include
dimensions, materials, colors, and method of illumination.
SITE AND BUILDING CONDITIONS
(4) 4.1 Provide exact details for exterior doors and window types on construction plans.
(2)(5) 4.2
Ail cooking and exhaust equipment shall utilize Best Available Control Techniques
in accordance with Air Quality Management District standardS to minimize smoke,
odor and particulate emissions.
(4)
4.3
Ali mechanical and electrical fixtures and equipment shall be adequately and
decoratively screened. The screen shall be considered as an element of the
overall design of the project and shall either blend with the architectural design of
the building or be integrated into the landscape design
(1)
4.4
All final colors and materials to be used shall be subject to review and approval by
the Community Development Department. All exterior treatments shall be
coordinated with regard to color, materials and detailing and clearly noted on
submitted construction plans and elevations.
(4)
(4)
(1)
4.5
4.6
Provide plans and details of ali proposed lighting fixtures and. a photOmetric study
showing the location and anticipated distribution pattern of light of all proposed
fixtures. The fixtures proposed shall be modified to be decorative in design and
consistent with the architecture of the building. Wall mounted fixtures shall be
directed at a 90 degree angle.directly downward. Parking area lights shall project
light directly downward. Ail lighting shall be developed to provide a minimum of
one (1) footcandle of light coverage, in accordance with the City,s Security Code.
All exposed metal flashing or trim shall be painted to match the building.
Note on final plans that a six-foot-high chain link fence shall be installed around the
site prior to building construction stages. Gated entrances shall be permitted along
the perimeter of the site for construction vehicles.
Exhibit A
Resolution No. 3681
Page 4
(1) 4.8
Exterior elevations of the building shall indicate any fixtures or equipment to be
located on the roof or exterior of the building, and the associated equipment
heights and dimensions. The building parapet shall be an integral part of the
building design, and shall screen all roof mounted equipment. All roof-mounted
equipment and vents shall be a minimum of six inches below the top of the
parapet. All exterior equipment, including gas and electric meters, shall either be
enclosed within the building or boxed behind a screen wall designed to be
consistent with the main building.
(4)
4.9
All roof access shall be provided from the inside of the building.
(4)
4.10 No exterior downspouts shall be permitted; all roof drainage shall utilize interior
piping, but may have exterior outlets at base of building.
(4)
4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage
will not stain the walls.
(4)
4.12 The landscape screening and architectural design of the trash enclosure shall be
subject to approval by the 'Community Development Department.
(4)
4.13 A grading plan will be required based on the Orange Coun{'y Surveyor's bench
mark datum.
(4)
(4)
4.14
4.15
Drive aisle marking/striping shall reflect one-way travel around the building. In
addition to the directional striping on the plans, a right-turn only exit sign shall be
installed at the end of the drive-thru aisle subject to review and approval by the
Community Development Department and the .City's Traffic Engineer.
The property owner shall dedicate a parcel twelve (12) feet of additional street
right-of-way along El Camino Real from the existinq end curb return (ECR) at the
southeast corner of Red Hill Avenue and El (~amino Real to the easterly
boundary of the subject property, plus an additional parcel for the appropriate
corner cut-off from the existing begin curb return (BCR) to the existing ECR at
the southeast corner of Red Hill Avenue and El Camino Real for future street
widening. Provide legal descriptions and sketches as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor. These legal
descriptions and sketches are to be submitted to the Engineering Division for
review and approval prior to issuance of building permits.
All dedications and/or offers of dedication shall also state that the City of Tustin
shall be permitted to obtain, at no cost, a right-of-entry for all on-site joins when
the ultimate street improvements are constructed. The right-of-entry' shall
terminate on the date that the Notice of Completion of Public Improvements is
recorded at the Orange County Recorder's Office.
(4)
4.16
The project site should provide two access driveways onto El Camino Real. The
eastern driveway should provide full access with one lane in and two lanes out,
and shall incorporate striping and signage to reflect this. The western driveway
·
shall be restricted to right turn in/right turn out only with signing and striping and
provide one lane in and one lane out.
Exhibit A
Resolution No. 3681
Page 5
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1)
The applicant shall submit for plan check complete 'detailed landscaping and
irrigation plans for all landscaping areas consistent with adopted City of Tustin
Landscaping and Irrigation Submittal Requirements and consistent with the
landscaping concept plan.
The applicant shall provide a summary table applying indexing identification to
plant materials in their actual location. The plant table shall list botanical and
common names, sizes, spacing, actual location and quantity of the plant materials
proposed. Show planting and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of backflow prevention devices
(screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler
type, spacing and coverage. Details for all equipment shall be provided. The
plans shall show all property lines on the landscaping and irrigation plan, public
right-of-way areas, sidewalk widths, parkway areas, exiSting landscaping and walls
and proposed new wall locations. The Department of Community Development
may request minor substitutions of plant materials or request additional sizing or
quantity. Note on plans that adequacy of coverage of landscaping and irrigati°n.
materials is subject to field inspection at project completion by the Department.'of''
Community Development. ·
(7)
5.2
The submitted landscaping plans at pla~ check shall 'reflect the following
requirements:
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Shrubs shall be a minimum of five (5) gallon size and shall be spaced a
minimum of eight' (8) feet on center when intended as screen planting.
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Ground cover shall be planted between eight (8) to twelve (12) inches on
center.
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When 1 gallon plant sizes are used, the spacing may vary according to
materials used.
U.
All plant materials shall be installed in a healthY, vigorous condition typical
to the species and landscaping must be maintained in a neat and healthy
condition. This will include but not be limited to trimming, mowing,
weeding, removal of litter, fertilizing, regular watering, or replacement of
diseased or dead plants.
(1)
5.3
A separate 24"X 36" street improvement plan, as prepared by a California
Registered Civil Engineer, will be required for all construction within the public
right-of-way. Construction and/or replacement of any missing or damaged public
improvements will be required adjacent to this development. Said plan shall
include, but not limited to the following:
so
Curb and gutter
Sidewalk, including curb ramps for the physically disabled
Drive aprons
Signing/striping plan
Domestic water facilities
Underground utility connections
Exhibit A
Resolution No. 3681
Page 6
g. Traffic signal plan
in addition, a 24" X 36" reproducible construction area traffic control plan, as
prepared by a California Registered Traffic Engineer or Civil Engineer experienced
in this type of plan preparation will be required.
(1)
(4)
(1) '
NOISE
(5)
5.4
5.5
5.6
5.7
5.8
5.9
6.1
Preparation and submittal of a final grading plan showing all pertinent elevations as
they pertain to the public right-of-way alorig with delineating the following
information: "'
ao
Final street elevations at key locations.
Final pad/finished floor elevations and key elevations for all site grading. All
pad elevations to be a minimum of 1.0 foot above base flood elevations as
defined by FEMA.
-All flood hazards of record.
Prior to any work in the public right-of-way, an Encroachment Permit must be
obtained from and applicable fees paid to the Public Works Department.
All vehicle headlight glare shall be adequately screened from view. Plans and
sections shall be provided to demonstrate adequate screening, subject to review
and approval of the Community Development Department during building plan
check.
Both horizontal and vertical intersection sight lines will need to be checked per
County of Orange Public Facilities and Resources Department Standard No. 1117'
for all affected streets. The site lines need to be shown on the grading plan and
landscape plan. All landscaping within the limited use area will need to comply
with County of Orange Public Facilities and Resources Department Standard No.
1117.
This development shall comply with all applicable provisions of the City of Tustin
Water Quality Ordinance and all Federal, State and Regional Water Quality Control
Board rules and regulations.
The applicant shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to dedication of all required street and flood
control right-of-way easements, vehicular access rights, sewer easements and
water easements defined and approved as to specific locations by the City
Engineer and other agencies.
All construction operations, including engine warm-up and deliveries of materials
and equipment, shall be subject to the provisions of the Tustin Noise Ordinance
and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday
through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless
otherwise determined by the Building Official.
Exhibit A
Resolution No. 3681
Page 7
(5) 6.2
(2) 6.3
All uses and operations on the site shall comply with the City's Noise Ordinance.
Speakers used in conjunction with the menu board shall be oriented so as to
project sound away from residential properties.
Should the noise produced by restaurant operations become a nuisance, the
applicant shall be required to prepare a noise study to ascertain compliance with
the City of Tustin Noise Ordinance, and implement mitigation measures identified
by the noise study.
(5)
6.4 Construction hours shall be clearly posted on the project site to the satisfaction of
'the Building Official.
FIRE AUTHORITY
(5)
Obtain written approval from the Fire Chief of all fire protection easements and
submit to the Community Development Department in conjunction with the next
submittal. Fire protection easements shall be dedicated to the County/City. The
approval of the Fire Chief is required for any modifications such as speed bumps,
control gates or other changes within said easement(s). Roadways must extend to
within 150 feet of all portions of the exterior of any structure and must meet
specified criteria such as width, pavement characteristics, roadway gradient,
turning radius, etc.
(5)
7.2
Obtain written approval from the Fire Chief for street improvement plans with fire
lanes shown and submit to the Community Development Department in
conjunction with the next submittal. The plans shall indicate the locations of red
curbing and signage. A drawing of the proposed signage with the height, stroke
and color of lettering', and the contrasting background color shall be submitted to
and approved by the Fire Chief.
(5)-
7.3
Prior to the issuance of a certificate of use and occupancy, the approved fire lane-
marking plan shall be installed. The plans shall include a fire lane map and
provisions prohibiting parking in the fire lanes..A method of enforcement shall be
included.
(5)
7.4
Prior to the issuance of any building permits,, the applicant shall submit to the Fire
Chief evidence of the on-site fire hydrant system and indicate whether it is public or
private. If the system is private, the system shall be reviewed and approved by the
Fire Chief prior to the issuance of building permits. Provisions shall be made by
the applicant for the repair and maintenance of the system, in a manner approved
by the Fire Chief.
(5)
7:5
Prior to the issuance of a building permit, the applicant shall submit plans for the
review and approval of the Fire Chief. The applicant shall include information on
the plans required by the Fire Chief. Contact the Orange County Fire Authority
Plans Review Section at (714) 744-0403 for the Fire Safety/Architectural Notes to
be placed on the plans. ·
Exhibit A
Resolution No. 3681
Page 8
(5) 7.6
Prior to installation, plans for an approved fire-suppression system for the
· protection of commercial-type cooking equipment shall be submitted to the Fire
Chief for review and approval.
USE RESTRICTIONS
Hours of operation of the restaurant and drive thru lane shall be limited to 6:00
a.m. to 1:00 a.m. daily.
8.2
The owners shall be responsible for the daily maintenance and up-keep of the
facility, including but not limited to trash removal, painting, graffiti removal and
maintenance of improvements to ensure that the facilities are maintained in a neat
and attractive manner. All graffiti shall be removed within 72 hours of a complaint
being transmitted by the City to the property owner. Failure to maintain said
structures and adjacent facilities will be grounds for City enforcement of its
Property Maintenance Ordinance, including nuisance abatement procedures.
FEES
(1)
(5)
9.1
Prior to issuance of any building permits, payment shall be made of all applicable
fees, including but not limited to the following. Payment shall be required based
upon those rates in effect at the time of payment and are subject to change.
Ac
Building plan check and permit fees to the Community Development
Department based on the most current schedule.
.
Sewer connection fees to the Orange County Sanitation District. The
current fee is $472 per 1,000 square feet (minimum $2,360). This fee will
apply to any new construction.
.C.
Orange County Fire Authority plan check and inspection fees tO the
Community Development Department based upon the most current
schedule.
Do
Transportation System Improvement Program (TSIP), Benefit Area "B"
fees in the amount of $3.31 per square foot of new building area.
(1)
(5')
9.2
E.
Major thoroughfare and bridge fees in the amount of $2.96 per square foot
of new building area.
Within forty-eight (48) hours of approval of the subject project, the applicant shall
deliver to the Community Development Department, a CASHIER'S CHECK
payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to
enable the City to file the appropriate environmental documentation for the project.
If within such forty-eight (48) hour period that applicant has not delivered to the
Community Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental determination
under the provisions of the California Environmental Quality Act could be
significantly lengthened.
ATTACHMENT D
CITY COUNCIL RESOLUTION
NO. 99-88
]3
]4
]5
20
22
23
24
25
27
28
29
RESOLUTION NO. 99-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING TENTATIVE PARCEL MAP 99-197 TO COMBINE THE
TWO LOTS LOCATED AT 13922 RED HILL AVENUE INTO ONE LOT
FOR THE PURPOSE OF DEVELOPING A 3,322 SQUARE FOOT
FAST FOOD RESTAURANT.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
Ao
That Tentative Parcel Map 99-197 to combine two lots located at 13922
Red Hill Avenue into one lot for the purPose of developing a 3,322
square foot fast food restaurant was submitted by Consolidated
Restaurants of California for consideration;
B.
That Conditional Use Permit 99-002(A) and Design Review 99-001 were
approved by the Planning Commission on July 12, 1999, authorizing the
construction of a 3,322 square foot fast food restaurant;
Co
That a public hearing was duly called, noticed and held for said map on
October 11, 1999 by the Planning Commission, and the Planning
Commission recommended that the City Council approve the project;
D.
That a public hearing was duly called, noticed and held for said map on
October 18, 1999 by the City Council;
Eo
That the project is Categorically exemPt (Class 15) from the .provisions of
the California Environmental Quality Act pursuant to Section 15315;
F.
That 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;
That the site is physically suitable for the type of development proposed;
H.
That the site is physically suitable for the proposed density of
development;
That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife in their habitat;
]0
14
20
22
23
2.4
25
2?
28
Resolution No. 99-88
TPM 99-197
October 18, 1999
Page 2
Jo
That the design of the subdivision or the type of improvements proposed
will not conflict with easements acquired by the public, for access
through or use of the property within the proposed subdivision; and,
Ko
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.
Lo
That a Traffic impact Analysis was prepared for this project, and it has
been determined that dedications of right-of-way to accommodate
expansion of Red Hill Avenue and El Camino Real are necessary to
mitigate the traffic impacts identified in the Traffic Impact Analysis.
M,
That the design of the subdivision or' the types of improvements
proposed are not likely to cause serious public health problems.
II.
The City Council hereby approves Tentative Parcel Map 99-197 to combine two
lots located 13922 Red Hill Avenue into one lOt for the purpose of developing a
3,322 square foot fast food restaurant, subject to the conditions contained in
Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 18th day of October, 1999.
PAMELA STOKER
CITY CLERK
TRACY WILLS WORLEY
MAYOR
GENERAL
(1) 1.1
(1) 1.2
(1) 1.3
(1) 1.4
(1) 1.5
EXHIBIT A
TENTATIVE PARCEL MAP 99-197
RESOLUTION NO. 99-88
CONDITIONS OF APPROVAL
The proposed project shall substantially conform with the submitted
plans for the project date stamped October 18, 1999 on file with the
Community Development .Department, as herein modified, or unless
otherwise indicated, as modified by the Community Development
Director in accordance with this Exhibit. The Direotor may also approve
subsequent minor modifications to plans during plan check if such
modifications are consistent with provisions of the Tustin City Code or
other applicable regulations.
Unless otherwise specified, the conditions Contained in this Exhibit shall
be complied with prior to the issuance of any building permits for the
project, subject to review and approval by the Community Development
Department.
The subject project approval shall become null and void unless permits
for the proposed project are issued and substantial construction is
'underway within eighteen (18) months of the date of this Exhibit. Time
extensions may be considered if a written' request is received by the
Community Development Department within thirty (30) days prior to
expiration.
Approval of Tentative Parcel Map 99-197 is contingent upon the
applicant and property owners signing and returning an "Agreement to
Conditions Imposed" form as established by the Community
Development Department.
The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of
this project.
MAP SUBMITTAL
(1) 2.1
Prior to issuance of building permits, the Subdivider shall record with
appropriate agencies Final Parcel Map 99-197 prepared in accordance
with subdivision requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained herein.
SOURCE CODES
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTIONS
(s)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No. 99-88
October 18, 1999
Page 2
(1) 2.2
Applicant shall comply with all Conditions of Approval identified in
Planning Commission ReSolution No. 3681.
2.3
In addition to Condition No. 4.15 of Planning Commission Resolution No.
3681, the applicant shall comply with the following:
· The property owner shall dedicate twelve (12) feet of additional street
right-of-way along El Camino Real from the ultimate end curb return
(ECR) at the southeast corner of Red Hill Avenue and El Camino
Real to the easterly boundary of the subject property. The ultimate
curb return will have a radius of thirty-five (35) feet and the ECR will
be located 32.00 feet southwesterly from the centerline of El Camino
Real. This parcel shall be in the form of an irrevocable offer of
dedication at this time.
· An additional parcel shall be dedicated at this time to accommodate
the appropriate corner cut-off from the ultimate begin curb return
(BCR) to the ultimate ECR. The ultimate BCR will be located sixty-
one (61) feet southeasterly from the centerline of Red Hill Avenue.
The corner cut-off will intersect the ultimate right-of-way line of Red
Hill Avenue (70 feet from the centerline) and the ultimate right-of-way
line of El Camino Real (40 feet from the centerline).
· Provide legal descriptions and sketches as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor.
These legal descriptions and sketches are to be submitted to the
Engineering Division for review and approval prior to issuance of
building permits.
· All dedications and/or offers of dedication shall also state that the City
of Tustin shall be permitted to obtain, at no cost, a right-of-entryfor all
on-site joins when the ultimate street improvements are constructed.
The right-of-entry shall terminate on the date that the Notice of
Completion of Public Improvements is recorded at the Orange County
Recorder's Office.
(1)
2.4
The subdivider shall conform to all applicable requirements of the State
Subdivision Map Act and the City's Subdivision Ordinance.
(1)
2.5
As required by the Subdivision Map Act, the subdivider shall execute a
Subdivision and Monumentation Agreement and furnish the
Improvement/Monumentation Bonds as required by the City Engineer
prior to recordation of the Final Map.
Exhibit A
Resolution No. 99-88
October 18, 1999
Page 3
(1) 2.6
At the time of construction of the project, the developer will be
responsible for any traffic signing and/or striping along El Camino Real,
which will be required as a result of this development.
(3)
2.7
At the time of construction of the project, current Federal Americans
with Disabilities Act (ADA) requirements will need to be met at the drive
aprons. This will require construction of a minimum four- (4) foot wide
sidewalk behind the drive apron. The maximum cross slope of the
sidewalk shall be two percent and the maximum ramp slope of the drive
apron shall be ten percent. This may require dedication of additional
right-of-way to accommodate the sidewalk construction. A legal
description and sketch of the dedication area, as prepared by a CA
Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be
submitted to the Engineering Div. for review and approval.
(1)
2.8
This development shall comply with all applicable provisions of the City
of Tustin Water Quality Ordinance and all Federal, State and Regional
Water Quality Control Board rules and regulations.
FEES
(1)
3.1
Within forty-eight (48) hours of approval of the subject project by the City
Council, the applicant shall deliver to the Community Development
Department, a cashier's check payable to the COUNTY CLERK in the
amount of $38.00 (thirty-eight dollars) to enable the City to file the
appropriate environmental documentation for the project. If within such
forty-eight (48) hour period that applicant has not delivered to the
Community Development Department the above-noted check, the
statute of limitations for any interested party .to challenge the'
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.
r 0 • •
vat,
Office of the City Clerk
City
300 Centennial Way
Tustin, CA 92780
714.573.3026
FAX 714.832.0825
September 19, 2000
Michael J. Kourie, President
Consolidated Restaurants of California, Inc.
15375 Barranca Parkway, Suite G-105
Irvine, CA 92718
Dear Mr. Kouri: •
In accordance with City Council action on September 18, 2000, the following bond(s) are
being returned to you:
Parcel Map No. 99-197 —Faithful Performance Bond #SD00079696 $27,000
Labor and Material Bond #SA00079696 $13,500
Monumentation Bond #SD00079697 $4,000
If you have any questions, please call me at (714) 573-3026.
Sincerely,
Lee Mahon
City Clerks Office
cc: Public Works
End.
T ct No. PM 99-197
Wd Amount $27,000
Bond No. sn00079696
(Public Improvements)
PREMIUM: $486.00
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Tustin, State of California, and Consolidated
Restaurants of California. Inc., (hereinafter designated as "Principal") have entered into an agreement
whereby principal agrees to install and complete certain designated public improvements, which said
agreement dated '24i7 , 2000, and identified as project Parcel Map No. 99-197, 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 FRONTIER PACIFIC INSURANCE COMPANY , as surety,
are held and firmly bound unto the City of Tustin (hereinafter called "City"), in the penal sum of Twenty-
seven 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.
As a part of the obligatioarcured hereby and in addition to trace 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 the1 6th day ofFEBRUARY , 2000.
(SEAL)
By: e)r
Michael J. Kourie, Pres ent
Consolidated Restaurants of California, Inc.
15375 Barranca Parkway, Suite G-105
Irvine, CA 92718
(SEAL) FRONTIER PACIFIC IN i.;'CE COMPANY
S
By: �0
G.F. 01•.: r JR. /. ATTORNEY-IN-FACT
• By: _^
1101 S. WINCHESTER BLVD. , SUITE D.-145
APPROVED AS TO FORM: SAN JOSE, CA 95128-3901
ADDRESS
CITY ATTORt4(E"
APPROVED AS TO CONTENT: •
i �NE
•
CITY ENGINE
S:\Templates\Boiler Plates\Monumentation Agreement\Faithful Performance Bond.doc
CALIFORNIA ALL-PURPOSE IKNOWLEDGMENT •
State of CALIFORNIA
County of SANTA CLARA
On 2/16/2000 before me, E. E. SCALA, NOTARY PUBLIC ,
DATE NAME,TITLE OR OFFICER-E.G.'JANE DOE,NOTARY PUBLIC'
personally appeared G.F. GERBING, JR. ,
NAMEIS)OF SIGNERISI
® personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be
. the person(x) whose name() ishigs subscribed to the
within instrument and acknowledged to me that
he executed the same in his/I Ex reix
f®�, authorized capacity( , and that by his/P&9tR fr
y° ` E.E.SCALA 0 signaturepis4 on the instrument the person(), or the
c(a_f `^c. 1100153 entity upon behalf of which the person ' acted,
a. , T�. NOTARY MUG-CAt.�ORt0PA °" executed the instrument.
• r P SANTA CLARA COUNTY -
W aycanm .
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
•
OPTIONAL 1
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
TITLEISI
❑ PARTNERIS) ❑ LIMITED
❑ GENERAL
U ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON'S)OR ENTINIIESI
FRONTIER PACTFTr TNSTrnANCF SIGNERIS) OTHER THAN NAMED ABOVE
COMPANY
AIAOOOOR Rcv.5N4
•
•
=RONTIER ==-
INSURANCE COMPANY
(a California Company)
101 West Broadway,Suite 700,San Dlego,Californla 92101
POWER OF ATTORNEY
gtnow p1ff Tien Ty VSryese $presents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in San Diego,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
"RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: G. F. GERBING, it
of San Jose , in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER
PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are
hereby ratified and confirmed.
an 9Oitness 0.60 C.TCOI, FRONTIER PACIFIC INSURANCE COMPANY of San Diego,California,has caused this Power of Attorney to be signed by
its Vice President and its Corporate seal to be affixed this 10th day of. August 1998
FRONTIER PACIFIC INSURANCE COMPANY
r.4PC,N5VAq Crv.
BY
DAVID E.CAMPBELL,Vice President
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On AtU Upt 10.a 999$ before me,N.Ortiz,personally appeared David E.Campbell,personally known td me or proved
to me on the basis of sa is eVi en to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature 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
..�, N.ORTIZ
_S . �'-;�_ Commission# 1192 Y)2
4 �, -- ^: Notay ublic County California ,�� • (�k _l ) •
MiComm,Expires Aug 6,2002
Signature of Notary 1
Corporation Acknowledgement �l
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 16TH day of FEERQA. ,20 00 Q //�
( !'/`fin,
Cr 41.
Joseph P.Loughlin,Secretary
FM 19.5002A-FP(1/2000)
• •
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss:
COUNTY OF O R t N& 6 )
torn
On this / 71A day of /kb ra a ry d-9-P?,;before me,
-. O%L ✓l� C'. 127Q 6/La c/o: . , Notary Public, personally appeared
michoe ' KourIC
Name(s) of Signer(s)
personally lmown to me— OR
fD _ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Sire subscribed to the within instrument and
acknowledged to me that S5he%they executed the same in 47hcrItheir
authorized capacity(ies), and that by anerhheir signature(s) on the
instrument the person(s) or the entity upon beh f o w tligiaerigaLQ
acted, executed the instrument. LAURA C.MACHADO
_ Commission# 1121235
�g A Noter Public—California >
Witness my hand and official seal. 4f 40 Orange County
My /•mm,Expires Dec 29,2000
NOTARY SEAL afteakilAr ►
a' re of Notary
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee (s)
Subscribing Witness
. Guardian/Conservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S)OTHER THAN NAMED ABOVE:
•
•
T t No. PM99-197
•
•
d Amount$13,500
Bond No.SA00079696
PREMIUM: INCLUDED IN CHAR(
LABOR AND MATERIAL BOND FOR PERF. BOND
WHEREAS, the City Council of the City of Tustin, State of California, and Consolidated
Restaurants of California. Inc., (hereinafter designated as "Principal") have entered into an agreement
whereby principal agrees to install and complete certain designated public improvements, which said
agreement dated 2/17 , 2000, and identified as project Parcel Map No. 99-197, 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 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 Thirteen 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.
• It is hereby expressly stip1ted and agreed that this bond shall/re 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 16th day of FEBRUARY , 2000.
PRINCIPAL:
(SEAL) By: 7►u�t��t.GG(� )(
Michael J. Kourie, Presi nt
Consolidated Restaurants of California, Inc.
15375 Barranca Parkway, Suite G-105
Irvine. CA 92718
(SEAL) FRONTIER PACIFIC INS r A CE COMPANY
,„By:
G.F. of ". , ATTORNEY-IN-FACT
•
By: C —_
APPROVED AS TO FORM:
r- ` 1 S. WINCHESTER BLVD., SUITE D-145
CITY ATTOR1E ' SAN JOSE, CA 95128-3901 _
ADDRESS
APPROVED AS TO CONTENT:
CITY ENGINEE
S:\Templates\Boiler Plates\Monumentation Agreement\Labor and Materials Bond.doc
CALIFORNIA ALL-PURPOSE ,NOWLEDGMENT . •
State of CALIFORNIA
County of SANTA CLARA
On 2'/16/2000 before me, E. E. SCALA, NOTARY PUBLIC
DATE NAME,TITLE OR OFFICER-E.G. 'JANE DOE,NOTARY PUBLIC
personally appeared . G.F. GERBING, JR.
NAME(S)OF SIGNERISI
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be
the person(I) whose name() ishm subscribed to the
within instrument and acknowledged to me that
he/MOW executed the same in his/Mx/their(
authorized capacity(Y , and that by his/Pie/WI.
,� signature4s4 on the instrument the person(s), or the
E.E. $CAI�4 entity upon behalf of which the person0 acted,
id COMM.1100153 v executed the instrument.
o., ¶J NOnavPuBuc-CAUFOWBA
" J��'rl� BANI'AGANACOUNTY'
y — y Cant&Wes tUNE /3 WITNESS my-hand and official seal.
•
SIGNATURE OF NOTARY
1 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
TITLE151
❑ PARTNERIS) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITYIIESI
FRONTIER PACTFTC TNRIIRANCF SIGNER(S) OTHER THAN NAMED ABOVE
COMPANY
AIA000032 Rev.5194
• •
'RONTIER -flCI I
INSURANCE COMPANY
(a California Company)
101 West Broadway,Suite 700,San Diego,Californla 92101
•
POWER OF ATTORNEY
now Aft-Tien CI3y (Vryese resents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in San Diego,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
"RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: G. F. GERBING, JR.
of San Jose in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER •
PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are
hereby ratified and confirmed.
an Ditness ereof FRONTIER PACIFIC INSURANCE COMPANY of San Diego,California,has caused this Power of Attorney to be signed by
its Vice President and its Corporate seal to be affixed this 10th day of. August 1998
FRONTIER PACIFIC INSURANCE COMPANY
r.e
BY:
STATE OF CALIFORNIA) DAVID E.CAMPBELL,Vice President
COUNTY OF SAN DIEGO)
On A1unuct 10.199c8 before me,N.Ortiz,personally appeared David E.Campbell,personally known to me or proved
• to me on the basis of sa is c ory eUl en to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature 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
..�, N.ORTIZ
Commission# 11971[9 .
fNotary Public-California t
Diego San Di
r County
MyComm.Expires Aug 6,2202
Signature of Notary
Corporation Acknowledgement
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 1 6TH day of FEBRtJA4. •.,, ,20 00
JUL"257) `, • Joseph P.Loughlin,Secretary
o-1
FM 19.5002A.FP(12000)
•
ALL PURPOSE ACKNOWLEDGEMENT
• STATE OF CALIFORNIA )
ss:
COUNTY OF D Aid 6 E )
X0°0
f ��� On thitj / LA 4- day of �� bract 19 l ore me,
cL .1c2 ( f1 C1(1l G alb , Notary/Public, personally appeared
IflichaeI J. koctrie_
Name(s) of Signer(s)
personally blown to me — OR
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Is are s bscribed to the within instrument and
aclthowledged -to me that 1C,&1- ex cuted the same in ' /her{their
authorized capacity(ies), and that bye bi signature(s) on the
instrument the person(s) or the entity u on behalf o c t e )
acted, executed the instrument. • LAURA C.MACHADO
Co, fission# 1121235 z
040�p1 Not / public California n
��
Witness my hand and official seal. z Y ! Orange County
� - My!•m .Expros Dec 2
9,,2000
I
NOTARY SEAL attaar re
Sad re of Notary
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTLNG:
• Name of Person(s) or Entity(ies)
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CER 1 LFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: • DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE:
ACT NO. PM99-197
• . Tat ACT
SD00079697
AMOUNT $4.000
PREMIUM: $100.00
MONUMENTATION BOND
KNOWN ALL MEN BY THESE PRESENTS: That Consolidated Restaurants of California. Inc., as,
and hereinafter referred to, collectively as "Principal", and TIER PACIFIC INSURANCE COvIPANY 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 Four
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 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. 99-197 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 a/f ? , 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 Z.7/°/ ,26613-,-and
WHEREAS, the constructio,d installation of such monument hall 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 MonumentationAgreernent, 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. sIC;ZQID AND SEALED FEBRUARY 16, 2000.
PRINCIPAL: '7(4 7/ '`c-C_
BY: Michael J. Kourie, President
Address of Principal:
• Consolidated Restaurants of California, Inc.
15375 Barranca Parkway, Suite G-105
APPROVED AS TO FORM:
7 / • Irvine CA 92718 ,
CITY ATTOR t / SUR ' : ER •ACIFIC INSURANCE COMPANY
•
BY:
� �-
APPROVED AS TO CONTENT: G. �=•:: . ,
ney in Fact
Address Sufety`
CITY ENGINEE
(Seal) 1101 S. WINCHESTER BLVD., SUITE D-145
SAN JOSE, CA 95128-3901
S:\Templates\Boiler Plates Monumentation Agreement\Monumentation Bond.doc
. • CALIFORNIA ALL-PURPOSE A•NOWLEDGMENT •
State of CALIFORNIA
County Of SANTA CLARA
On 2/16/2000 before me, E. E. SCALA, NOTARY PUBLIC ,
DATE NAME,TITLE OR OFFICER-E.G. 'JANE DOE,NOTARY PUBLIC'
personally appeared C.F. cERBINC, JR.
NAMEISI OF SIGNERISI
personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be
the person(x) whose nameb5) ishila subscribed to the
within instrument and acknowledged to me that
hettitenitiq executed the same in his/ba€xAtktetx
authorized capacityIW, and that by his/N19t fr
signatures on the instrument the person(S), or the
MrsagEssrSCALA i entity upon behalf of which the person :' acted,
n f.. • 9100153 0 executed the instrument.
w $ 3- ICTIMaum.IC-oat A
C9 l'i'°H►" A +A s WITNESS my hand and official seal.
tm �mm' t. ,atA
SIGNATURE OF NOTARY
' 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
TITLEISI
❑ PARTNERIS) ❑ LIMITED
❑ GENERAL
17E4 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER •
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITYIIESI
FRONTIER PAC'TFTC TN9nRANrE SIGNER(S) OTHER THAN NAMED ABOVE
COMPANY
AIA000032 Rev.5/94
•
=R®N
•TIER ===_==_
INSURANCE COMPANY
(a California Company)
101 West Broadway,Suite 700,San Dlego,Californla 92101
POWER OF ATTORNEY
2now An. k tcn 43y 2fjese (Presents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in San Diego,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
"RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact"
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: G. F. GERBING, JR.
of San Jose in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS;and to bind FRONTIER
PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are
hereby ratified and confirmed.
3n %)itness OIjereof FRONTIER PACIFIC INSURANCE COMPANY of San Diego,California,has caused this Power of Attorney to be signed by
its Vice President and its Corporate seal to be affixed this 10th day of. August 1998
FRONTIER PACIFIC INSURANCE COMPANY
?ju"Iyi v�
( pP
P Ht BY:
`'- ;;:, .^` DAVID E.CAMPBELL,Vice President
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On pp aa 55 1�II qqRR before me,N.Ortiz.personally appeared David E.Campbell,personally known(o me or proved
to me on the basis of satisfactory eeVidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal
� ?.�, N.OR 1Z
..r�:�
_ Commission# 1192"t17
, . Notary Public-California C—�
�S R n
San Diego County
My Co m.6¢iresAug6,2002
Signature of Notary
Corporation Acknowledgement
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 16TH day of EP$RU' ,20 00
lady EV
mu M.3 S.
• Joseph P.Loughlin.Secretary
„o
FM 19-5002A-FP(1/2000)
•
• •
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss:
COUNTY OF 02A-AM i_ )
/ On this, day of F&brcca r-1/ 17Th . before me,
d ,Li./n6/._ • a C,ka 0_/6 , Notary Public, personally appeared
Th10110V1 (7 /your/ ._
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) (Dare subscribed to the within instrument and
acknowledged to me tharshe/they executed the same in er/their
authorized capacity(-ics), and that by his/her/their signature(s) on the
instrument the person(s) or the enti u cn hehal -afavhicli tbe„p&rs n(s)
acted, executed the instrument. LAURA C.
C•mmisslon# 11212MACHADO 35
z
L. . N. •ry Public—California n
Witness.my hand and official seal. =� / Orange County
My. omm.Expires Dec 29.2000
NOTARY SEAL /\V.IA��i `��
g :tire of. otary
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
•
Individual(s)
Corporate
Officers
Title(s)
Partner(s) •
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S)OTHER THAN NAMED ABOVE:
MONUMENTATION
•
AGREEMENT
This agreement made and entered into this day of , 2000, by and between
Consolidated Restaurants of California, Inc. hereinafter referred to at "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
Map No. 99-197 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
Mao No. 99-197 on or before 0Hc27 , 2666-in accordance with the provision of law, and furnishes
a bond/cash in the sum of four thousand and 00/100 dollars.
APPROVED AS TO FORM: CITY OF TUSTI N
// //
/ / UV W
BY: i • BY:
CITYATT.- ,'Y I M %R
SUBDIVIDER
BY: eye 'Ct /
Michael J. Kourie, Pr ddent
EXHIBIT"B"
ATTEST:
•
City Clerk/Deputy
S:\Templates\Boiler Plates\Monumentation Agreement\Monumentation Agreement.doc
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss:
COUNTY OF DIV AN G €— )
9ooa
/ On thi I W- day f FKrct a r/ I9-L, before me,
,�CLGL/22 c. Q C'O , Notary Public, personally appeared _
/111Chae / J. KLri�
Name(s)of Signer(s)
•
personally known to me — OR
r proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) fare subscribed to the within instrument and
acknowledged to me thatghe4they executed the same in s et/-their
authorized capacity(.ies), and that by C-e/her/their signature(s) on the
instrument the person(s) or the entity upon beh if o �(s)
acted, executed the instrument. nu • C.MACHADO
psi C.• r fission k 1121235 z
.�'. ,�� N. Public—California
Witness my hand and official seal. z % ,:w /,yOrange county
P �My mm.Expires Dec 29.2000
NOTARY SEAL i�t/
.ture of votary
CAPACITY CLAIMED BY SIGNER: SIGNER.IS REPRESENTING:
Name of Person(s) or Entity(ies)
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CERIIHICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE:
5 _
SUBDIVISION AGREEMENT
THIS AGREEMENT, made this a day of , 2000 by and between the CITY OF
TUSTIN, a municipal corporation, herein called "CITY" and Consolidated Restaurants of California.
Inc.. herein called "SUBDIVIDER".
WITNESSETH
That in consideration of the City's approving the Final Map of Parcel Map No. 99-197, 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 •
performance 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
auarantees 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: (E R &C
MAYOR
ATTEST: SUBDIVIDER:
4 t ,1. 1 11i ► i o• • _ BY: -y1.I./e2 ztte / .L
CITY CLERK/DEPUTY Michael J. Kourie, Pkident
Consolidated Restaurants of California, Inc. • -
15375 Barranca Parkway. Suite G-105
Irvine. CA 92718
S:\Templates\Boiler Plates\Monumentation Agreement\Subdivision Agreement.doc
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNLA )
) ss:
COUNTY OF 6-C`rn-j— )
7� g00
On this/ / ( 0 day of re hrcca cy 1-�a`, before me, -�''w
(, Ma( ka do , Notary Public, personally appeared in iOhoP
1 . kour∎e
Name(s) of Signer(s)
personally lmown 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 thane she/they executed the same in is er/their
authorized capacity(ies), and that by ii /her/their signature(s) on the
instrument the person(s) or the entity upon behalf o •
acted, executed the instrument. LAURA C.MACHADO
' "..` Co •mission B 1121235 z
i` .y�� P10 .. PUNIC—Cali}OmlO S'
Witness my hand and official seal. rte- i Orange ou 29.2000
NOTARY SEAL /I� ;'ord/��
Sil "e of 1\i• 3r
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTLNG:
Name of Person(s) or Entity(ies)
Individual(s)
Corporate
Officers
Title(s)
Parmer(s)
General Partner of a Limited
Parmership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
•Guardian/Conservator
. Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: .
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S)OTHER THAN NAMED ABOVE:
Tract No. PM99-197
Bond Amount. $2,700
Bond No. SD00079696-M
Expiration Date 1 YEAR FRCm OOMPLETIol
SUBDIVISION WARRANTY BOND
WHEREAS, the City Council of the City of Tustin, State of California, and Consolidated
Restaurants of California. Inc., hereinafter designated as "Principal") have entered into an agreement
whereby principal agrees to install and complete certain designated public improvements, which said
agreement dated 2'17, 2000, and identified as project Parcel Map No. 99-197, 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
called "Tustin").
NOW, THEREFORE, we, the principal, and FRONTIER PACIFIC INSURANCE COMPANY as
surety, as held and firm bound unto Tustin in the penal sum of Two thousand seven 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,
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 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
obligation shall become null and void; otherwise it shall be and remain in full 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 the16thday of FEBRUARY , 2000.
PRINCIPAL: 974,4-42401.0 t 'L
(SEAL) By: Michael J. Kourie, President
Consolidated Restaurants of California. Inc.
15375 Barranca Parkway, Suite G-105
Irvine, CA 92718
(SEAL) FRONTIER PACIFIC INSURANCE COMPANY
By: ibin_•
G.F. dal•• •t , ATPORNTY-IN-FACT
APPROVED AS TO FORM: C 2
` 1101 S. WINCHESTER BLVD. , SUITE D-145
•
CITY ATTOR E SAN JOSE, CA 95128-3901
ADDRESS
APPROVED AS TO CONTENT:
CITY ENGINE
•
S:\Templates\Boiler Plates\Monumentation Agreement\Subdivision Warrnty Bond.doc
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SANTA CLARA
On 2/16/2000 before me, E. E. SCALA,' NOTARY PUBLIC
DATE NAME,TITLE OR OFFICER'E.G. 'JANE DOE,NOTARY PUBLIC'
personally appeared c.F. GERBINC, JR.
NAMEISI OF SIGNERISI
® personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be
the person() whose names) ishge subscribed to the
within instrument and acknowledged to me that
heita141414# executed the same in his/ x
authorized capacityp9, and that by his/KiiicetlWir
i °z. E.E SCALA signaturep� on the instrument the person(x), or the
d -414;; . 11,00153 ,v entity upon behalf of which the person acted,
F t - WI NN PUBLIC.CALIFORNIA — executed the instrument.
C'1 "vat'r tSMLTAQMA COUNTY 2000I;
xesmom C 9pVraw
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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
TITLE151
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER •
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITYIIESI
FRONTIER PACIFIC TNStIRANC F. SIGNER(S) OTHER THAN NAMED ABOVE
COMPANY
AIACCC032 Rcv.5/94
•
=RONTIER _FI
INSURANCE COMPANY
(a California Company)
101 West Broadway,Suite 700,San Diego,California 92101
POWER OF ATTORNEY
no11)Olff Wen 43y 1 ijjese <presents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in San Diego,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
"RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: G. F. CERBING, JR.
of San Jose in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER
PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are
hereby ratified and confirmed.
an Witness 4U fjereof FRONTIER PACIFIC INSURANCE COMPANY of San Diego,California,has caused this Power of Attorney to be signed by
its Vice President and its Corporate seal to be affixed this 10th day of. August 1998
FRONTIER PACIFIC INSURANCE COMPANY
scoo
n":
Juml3. v
BY:
STATE OF CALIFORNIA) "•''• DAVID E.CAMPBELL,Vice President
COUNTY OF SAN DIEGO)
On Ftu�ufSt 10.a 9918 before me,N.Ortiz,personally appeared David E.Campbell,personally known to me or proved
to me on the basis of sa is c ory eVi en to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature 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
.�, N.ORTIZ
_
tan_ Commission# 1192302
. Notary Public-California \ ��
Sat Diego County fir •
• My Ca rrn,6WiretAug6,2002
Signature of Notary
Corporation Acknowledgement
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 1 6TH day of FEBPuW ,20 co
a4 o
:. • / �v r
J= �"Jf°
o Joseph P.Loughlin,Secretary
FM 19-Soo2A-FP 11/2000)
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss:
COUNTY OF RAA-)GG )
G2Oo0O
On this / 7�� day of Febcaar 194_ -lrefibre me,
Laauy/'Q i. /llama CYO , Notafy Public, personally appeared
Mid/we/ J. Kottric
Name(s)of Signer(s)
(r,^ personally known to me— OR
Y) proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) 69ar.e, subscribed to the within instrument and •
acknowledged to me thatSheithey executed the same in eit er/their
authorized capacity(ies), and that by es h ieir signature(s) on the
instrument the person(s) or the entity o )
acted, executed the instrument. ,,� • IJ+upt C.MACHADO
Sts # 1121235 z
it �_�? ` Nolo. public—California a
Witness my hand and official seal. � � ',? Orange County
My••mrn.Expires Dec 29,AU)
NOTARY SEAL moo-a_
Si A ire of Notary
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Name of Person(s) or Entiry(ies)
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee (s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
•
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE: •
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss:
COUNTY OF
On this day of 19_, before me,
, Notary Public, personally appeared
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 Notary
CAPACITY CLAMED BY SIGNER: SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE: