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HomeMy WebLinkAbout01 TENT P.M. 99-161 08-02-99! n t e r-O o m NO. 1 8-2'99 AUGUST 2, 1999 TO' --u~" rBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE PARCEL MAP 99-161 SUMMARY: Tentative Parcel Map 99-161 is a request to combine the three lots located at 145, 155 and 165 E1Camino Real into one lot for thepurpose of developing a 10, 712 square foot building. On July 12, 1999, the Planning CommiSsion recommended that the City Council approve TentatiVe Parcel Map 99-161. Applicant: Gregory Bennett Owner: PresCott Properties RECOMMENDATION That the City Council adopt Resolution No. 99-61 approving Tentative Parcel Map 99- 161. FISCAL IMPACT The Tentative Parcel Map is an applicant initiated project. The project site is located within Old Town Tustin fee waiver area. Fees totaling $3,705.00 were waived for this map and the associated discretionary permits. ENVIRONMENTAL The Tentative Parcel Map for this project is Categorically Exempt (Class 15) from the provisions of the California Environmental Quality Act pursuant to Section 15315. DISCUSSION The approximate .5-acre site is located at 145, 155 and 165 El Camino Real and is developed with a commercial structure (the Ranch House) and parking lot (see Attachment A). The three existing parcels are each fifty (50) feet in width and 147 feet and 6 inches in depth. The applicant is requesting approval to combine the lots for the City Council Report TPM 99-16.1 August 2, 1999 Page 2 purpose of developing a 10,712 square foot commercial building and parking lot to accommodate Acorn Naturalists, a retail and mail order company that sells environmental educational materials. On July 12, 1999, the Planning Commission adopted Resolution No. 3679 recommending that the City Council approve Tentative Parcel Map 98-161 (Attachment-B). The Planning Commission also adopted Resolution 3682 approving Conditional Use Permit 99-015 and Design Review 99-014 for the proposed development subject to the recordation of a final parcel map combining the three lots into one. The Tentative Parcel Map submitted does not include the minimum required information identified in the City's Subdivision Ordinance and the State Subdivision Map Act (see Attachment C) However, to expedite the review process, Conditions 1.2, 1.3 and 1.4 of Resolution No. 99-61(see Attachment D) lists the information that is required to be included on the site development plans and/or the final map prior to the issuance of building permits or recordation of the final map. The proposed site plan configuration will impact the existing shared driveway apron with the adjacent property to the south at 181 El Camino Real. The proposed parking lot area appears to eliminate a significant portion of this existing driveway apron thereby eliminating access to the southerly property at 181 El Camino Real. Condition No. 1.7 in Resolution 99-61 is included to require the applicant to reconstruct the driveway apron at 181 El Camino Real prior to issuance of a certificate of occupancy for the new building. Associate Planner Elizabeth A. Binsack Community Development Director ccreports\tpm99-161 .doc Attachments: Ao B. C. D. Location Map Planning Commission Resolution No. 3679 Submitted Map Resolution No. 99-61 ATTACHMENT A LOCATION MAP 1 LOCATIO ~se ; : ~s~, pRDSPECT ~o: ,,o i PEPPER TREE PA RK ~ . TLtSTIN PLAZA APARTMENT~ FIRST ~co~o SmE£T NO SCALE ATTACHMENT B PLANNING COMMISSION RESOLUTION NO. 3679 ]0 ]2 ~6 2O _34 29 RESOLUTION NO. 3679 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING 'THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 99-161 TO COMBINE THE THREE LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOP, THE PURPOSE OF DEVELOPING A 10,716 SQUARE FOOT BUILDING. The Planning Commission of the City of Tustin does hereby resolve as follows: !. The Planning Commission finds and determines as follows: A. That Tentative Parcel Map 99-161 to combine three lots located at 145, 155, and 165 El Camino Real into one lot for the purpose of developing a 10,716 square foot building, was submitted by Gregory Bennett for consideration; B, That a public hearing was duly called, noticed and held for said map on' July 12, 1999 by the Planning Commission; Co That the project is Categorically exempt (Class 15) from the provisions of the California Environmental Quality Act pursuant to Section 15315; D, That the proposed subdivision is not in conformance with the Tustin Area. General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code in that there are deficiencies in the application that could be corrected with the implementation of conditions of approval contained in Exhibit A. If these deficiencies are corrected, the Tentative Parcel Map could be taken forward to the City Council for consideration; E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density of development; e. That 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; Ho 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, !. That the design of the subdivision or the types of improvements 2O 24 25 26 28 Planning Commission Resolution 3679 CUP 99-015 & DR 99-014 July 12, 1999 Page 2 proposed are not likely to cause serious public health problems. J. 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. II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 99-161 to combine the three lots located at 145, 155 and 165 El Camino Real for the purpose of developing a 10,716 square foot building, 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 12th day of July, 1999. ELIZABETH A. BINSACK Planning Commission Secretary ~ES~LIE PONTIOUS Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3679 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 (1) (5) GENERAL 1.1 1.2 EXHIBIT A TENTATIVE PARCEL MAP 99-161 RESOLUTION NO. 3679 CONDITIONS OF APPROVAL Prior to issuance of building permits, the Subdivider shall record with appropriate agencies, Final Parcel Map. 99-161 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. Prior to scheduling the tentative parcel map for consideration by the City Council and prior to issuance of building permits, Tentative Parcel Map 99- 161 shall be revised to show the following and comply with the City's Subdivision Ordinance and State Subdivision Map Act to the satisfaction of the Public Works and Community Development Departments: Water lines, sewers, storm drains, etc. shall be illustrated in a heavy dashed line. Existing and proposed improvements shall be labeled and identified as "to remain" or "to be removed." A title block shall be provided and include names, addressed, and telephone numbers of the property owner or owner of record and the person or firm that prepared the parcel map. The location and boundaries of the map shall be sufficiently represented including a vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other Iocational data to sufficiently loCate the proposed subdivisions and its relation within the community. The approximate lot layout and the dimensions of each lot and each building site. The dimensions of the three lots on the site shall be shown as fifty (50) feet by 147 feet and 6 inches and the combined lot size as 150 feet by 147 feet and 6 inches. Engineering data shall show the approximate finished grade of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot (the existing lot numbers of the three lots shall be shown as Lots 11, 12, and 13), and the elevation of adjacent parcels. (1) (2)' (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) .(6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Planning Commission Resolution 3679 July 12, 1999 Page 2 The width and approximate locations of all existing and proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers or flood control, slope maintenance or recreation purposes. The locations and widths of all existing street and highway improvements, including street intersections, medians, driveways, alleys, curbs, gutters, sidewalks and edges of pavement within two hundred (200) feet of the boundaries of the proposed tract. · The direction and percent of drainage flow of streets and alleys. Existing topography and structures on the proposed site and within one hundred (100) feet of the proposed site, including, but not limited to, the Iocatidn and outline of existing structures identified by type. Structures to be removed shall be labeled "to be removed". Use or uses in the tentative parcel map as specified by applicable or pending zoning district regulations. Type and extent of proposed street improvements and diagrams of typical street sections. A statement certifying to one of the following and signed by the subdivider or authorized agent that 1) the subdivider is the property owner of reocrd; or, 2) the property owner of record consents to the filing of the tentative parcel map. (1) 1.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (5) 1.4 As required by the Subdivision Map Act, the subdivider shall furnish the City security guaranteeing the setting of the monuments for this parcel map as required by the City Engineer prior to recordation of the final map. (5) 1.5 Prior to the issuance of a certificate of occupancy, the applicant shall be responsible for constructing a new driveway apron on the adjacent property to the south at 181 El Camino Real since the proposed project will eliminate partial access of the existing apron.which encroaches over the property line. Plans for the new driveway apron at 181 El Camino Real shall be submitted for review and approval by the Community Development Department prior to construction. (1) 1.6 Preparation'of a sedimentation and erosion control plan for all work related to this development will be required prior to issuance of building permits. Exhibit A Planning Commission ResolUtion 3679 July 12, 1999 Page 3 (1) 1.7 Prior to issuance of building permits, 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. The level of detail on this plan shall accurately identify the locations of the existing interlocking pavers, the existing concrete panels and proposed construction. Ali new concrete shall match the existing with respect to color, texture, and score lines. Any disturbed or relocated interlocking pavers shall be replaced and/or reconstructed to match the existing, to the satisfaction of the City Engineer. Maintaining the aesthetic quality of those improvements is a priority within the Old Town area. Said plan shall include, but not be limited to the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; .Signing/striping plan; Domestic water facilities; Sanitary sewer facilities; Underground utility connections; and, in addition, a '24" x 36' reproducible construction area traffic control plan, as prepared by a California Registered' Traffic Engineer oi' Civil Engineer experienced in this type of plan preparation will be required. (1) 1.8 Prior to'issuance of a grading permit, preparation and submittal of a final grading plan showing all pertinent elevations as they pertain, to the public right-of-way along with delineating the following information: · 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 elevation as defined by FEMA. · All flood hazards of record. 1.9 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. (1) 1.10 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. (1) 1.11 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 Exhibit A Planning Commission Resolution 3679 July 12, 1999 Page 4 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) 1.12 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 (5) 2.1 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. ATTACHMENT D RESOLUTION NO. 99-61 ]0 ]4 ]5 ]6 ]? ]9 20 24 RESOLUTION NO. 99-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 99-161 TO COMBINE THE THREE LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 10,712 SQUARE FOOT BUILDING. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A, That Tentative Parcel Map 99-161 to combine three lots located at 145,155 and 165 El Camino Real into one lot for the purpose of developing a 10,712 square foot building was submitted by Gregory Bennett on behalf of Prescott Properties for consideration; B. That a public hearing was duly called, noticed and held for said map on July 12, 1999 by the Planning Commission and on August 2, 1999 by the City Council; C. That the applicant requested that review of Tentative Parcel Map 99-161 be expedited to accommodate immediate project implementation and construction, that Tentative Parcel Map 99-161, as submitted, does not illustrate minimum required information, and that the Final Parcel Map 99-161 and development site plans will need to be revised in accordance with Exhibit A of this resolution and submitted to the Community Development Department'prior to the recordation of the map. and/or issuance of building permits. D, That, as conditioned, the proPosed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; E. That the site is physically suitable for the type of development proposed; F, That the site is physically suitable for the proposed density of development; G, 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; 10 l? 20 22 24 25 2? 28 City Council Resolution No. 99-61 TPM 99-161 August 2, 1999 Page 2 Ho 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, That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. J, That the Tentative Parcel Map for this project is Categorically Exempt (Class 15) from the provisions of the California Environmental Quality Act pursuant to Section 15315; 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. II. The City Council hereby approves Tentative Parcel Map 99-161 located at 145, 155, and 165 El Camino Real, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 2nd day of August, 1'999. PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR EXHIBIT A TENTATIVE PARCEL MAP 99-161 RESOLUTION NO. 99-61 CONDITIONS OF APPROVAL (5) (5) (5) (1) GENERAL 1.1 Within 24 months from the tentative map approval and prior to issuance of building permits, the Subdivider shall record with appropriate agencies,-Final Parcel Map 99-161 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. 1.2 For consideration of Final Parcel Map 99-161 on August 16, 1999, by the City Council, the applicant shall revise the final map in accordance with the following corrections and submit the final map to the Community Development Department by August 5, 1999. The width and approximate locations of all existing and proposed easements or rights-of-way, whether public or private, for roads, drainage,'sewers or flood control, slope maintenance or recreation purposes shall be illustrated on the map. This includes the required easements necessary for compliance with the Americans with Disabilities Act of 1990 (See Condition 1.13). 1,3 Prior to the issuance of building permits, the applicant, shall submit a street improvement plan that incorporates all water lines, sewers, storm drains, etc. Existing and proposed improvements shall be labeled and identified as "to remain" or "to be removed." The Existing Street Improvement Plan No. R-1098 filed in the Engineering Division shall be referenced for the size and location of existing storm drain, water main and sanitary sewer facilities located on El Camino Real, adjacent to this proposal. 1.4 Prior to the issuance of grading permits, the direction and percent of drainage flow of streets and alleys shall be shown on the grading plan and approved by the Engineering Division. 1.5 The subdivider shall 'conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A City Council Resolution No. 99-61 TPM 99-161 August 2, 1999 Page 2 (5) As required by the Subdivision Map Act,. the subdivider shall furnish the City security guaranteeing the setting of the monuments for this parcel map as required by the City Engineer prior to recordation of the final map. (5) 1.7 Prior to the issuance of a certificate of occupancy, the applicant shall be responsible for constructing a new driveway apron on the adjacent property to the south at 181 El Camino Real since the proposed project will eliminate partial access of the existing apron which encroaches over the property line. Plans for the new driveway apron at 181 El Camino Real shall be submitted for review and approval by the Community Development Department prior to construction. (1) 1.8 Preparation of a sedimentation and erosion control plan for all work related to this development will be required prior to issuance of building permits. (1) 1.9 Prior to issuance of building permits, 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. The level of detail on this plan shall accurately identify the locations of the existing interlocking pavers, the existing concrete panels and proposed construction. All new concrete shall match the existing with respect to color, texture, and score lines. Any disturbed or relocated interlocking pavers shall be replaced and/or reconstructed to match the existing, to the satisfaction of the City Engineer. Maintaining the aesthetic quality of those improvements is a priority within the Old Town area. Said plan shall include, but not be limited to the following: · Curb and gutter; · Sidewalk, including curb ramps for the physically disabled; · Drive aprons; · Signing/striping plan; · Domestic water facilities; · Sanitary sewer facilities; · Underground utility connections; and, Exhibit A City Council Resolution No. 99-61 TPM 99-161 August 2, 1999 Page 3 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. 1.10 Prior to issuance of a grading permit, preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: · 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 elevation as defined by FEMA. · All flood hazards of record. 1.11 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. (1) 1.12 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. (1) 1.13 Prior to issuance of a certificate of occupancy, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons and shown on the street improvement plans. 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. Prior to issuance of building permits, 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 Division for review and approval. (1) 1.14 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. Exhibit A City Council Resolution No. 99-61 TPM 99-161 August 2, 1999 Page 4 FEES (5) 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. O`i�° ..r_ .. �'j4l� \\''��\\\�� Office of the City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 May 28, 2003 John A. Prescott & Mary M. Prescott, L.P. 330 W. Main Street Tustin, CA 92780 Dear Mr. & Mrs. Prescott: In accordance with City Council action on May 19, 2003, the following bonds for Parcel Map 99-161 (155 El Camino Real) is/are being returned to you: Faithful Performance Bond No. 815752S $25,000.00 Labor and Material Bond No. 825752S $12,500.00 Monumentation Bond No. 815753S $ 2,000.00 If you have any questions, please call me at (714) 573-3026. Sincerely, 2.-L/& Marsha Miller Interim Chief Deputy City Clerk cc: Public Works enclosures BOND .ISSUED IN THREE (3) • F•}Map No. 99-161 • COUNTERPARTS B _ Amount 525.000.00 Bond No. 8''1566752S PREMIUM Ordbi.i5OrinvgIV L:CT TO RENEWAL FAITHFUL PERFORMANCE BOND • WHEREAS, the City Council of the City of Tustin, State of California, and John A. & Mary NI. Prescott. L.P. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and 2000 complete certain designated public improvements, which said agreement dated/Y/4Y25, i-9 , and identified as Final Parcel Map No. 99-161, 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 DEVELOPERS INSURANCE COMPANY , as surety, are held and firmly bound unto the City of Tustin (hereinafter called "City"), in the penal sum of twenty-five 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 obligation secured hereby and in addition to the face 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 bone does hereby waive notice of any : *bane, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above name on the 5TH day of MAY , , 2000 • (SEAL) • John A. Prescott &Mary M. Prescott By: a - �n P. • By: ?vta, s ,6.t. s co- r 330 W. Main Street Tustin. CA 92780 • ADDRESS • (SEAL) DEVELOPERS INSURANC COMPANY • • SUR'ET By: ///�. /�S2440 MICHAEL J./HENSEL, By: ATTORNEY-IN-FACT - 17780 FITCH, SUITE 200 • IRVINE, CA 92614 • (949) 263-3300 . ADDRESS APPROVED AS TO FORM: • VcC-' Z - 1 i CITY ATTORNE APPROVED AS TO CONTENT: • • • CITY ENGINEER • • S:\Templates\Boiler Plates`aMonumentation Ageement\paithful Performance©ond.doc AL JRPOSE ACKNOWLEDGEI ALL NT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On this 9th day of May, 2000, before me, Jill M. Gibbons, Notary Public, Personally appeared, John A. Prescott and Mary M. Prescott , Names of Signers X 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. asstalsit GIBBONS COMM.#1254628 r m Witness my hand and official seal. y Notary Public-Celifomia y W ORANGE COUNTY Signa are of Notary Li CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Individual(s) Corporate Officers Title(s) X 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: Faithful Performance Bond,Bond No. 815752S NUMBER OF PAGES: 2 DATE OF DOCUMENT: May 5, 2000 SIGNER(S) OTHER THAN NAMED ABOVE: Michael J. Hensel, Attorney-in-Fact • • .) ,l STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 5, 2000 , before me, CYNTHIA S. INGRAHAM PERSONALLY APPEARED MICHAEL J. HENSEL 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 ,��s ���� CYNTHIA S. INGRAHAM the person(s) acted,executed the instrument. ,..,�p,�, :` inn v(��"— Comm.N 1188015 ", • '—�'.1 � NOTARY PUBLIC.CALIFORNIA WITNESS my hand and official seal. > 'C . ; Sacramento County ���h}hand and My Comm. Erpirea lun.25,2002 `a SignaturA `IO IA A,V,c'(1� 6' 41Th U ° This area for Official Notarial Seal 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 815752S TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE 1a ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 5, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT BOND.ISSUED IN THREE (3) • ) 1 .1 Map No. 99-161 • COUNTERPARTS Bond Amount 312.500.00 Bond No. 825752s PREMIUM INCLUDED IN THE PERF. BOND LABOR AND MATERIAL BOND • WHEREAS, the City Council of the City of Tustin, State of California, and John A. & Mary NI. Prescott. L.P. (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and 000 complete certain designated public improvements, which said agreement dated/VAY25, i$ , and identified as Final Parcel Mao No. 99-161, 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 axe referred to in the aforesaid Civil Code in the sum of twelve 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 stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3032) 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 ,d be fully performed, then this • tion 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 STHday of MAY • 2000 PRINCIPAL: John A. & Mary M. Prescott (SEAL) By: C ti. a By: /7t 7L 330 W. Main Street • Tustin. CA 92730 ADDRESS (SEAL) • DEVELOPERS INSURANCE COMPANY SURETY By: 7 hi 4 MICHAE J. H SEL, By: ATTORNEY-IN-FACT 17780 FITCH, SUITE 200 IRVINE, CA 92614 • (949) 263-3300 - ADDRESS APPROVED AS TO FORM: • / / • CITY ATTORDIE C • APPROVED AS TO CONTENT: • l� • ITY ENGINEE • S:`Temp!mesVBoiler Plates\Monumentatian AerecmentALabor and Materials Bond.doc • • ? ALL JRPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On this 9th day of May, 2000, before me, Jill M. Gibbons, Notary Public, Personally appeared, John A. Prescott and Mary M. Prescott Names of Signers X 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. rJILL M.GIBBONS Witness my hand and official seal. ° COMM.#1254828 y s=^ Notary Public-California y n W 7 KT, ORANGE COUNTY My Comm: ic!:Feb.25,2004 1 �,7 � L. Signat re of Notary CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Individual(s) Corporate Officers Title(s) X 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: Labor and Material Bond,Bond No. 825752S NUMBER OF PAGES: 2 DATE OF DOCUMENT: May 5,2000 SIGNER(S) OTHER THAN NAMED ABOVE: Michael J. Hensel, Attorney-in-Fact • I •1 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 5, 2000 , before me, CYNTHIA S. INGRAHAM PERSONALLY APPEARED MICHAEL J. HENSEL 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 t CYNTHIA S. INGRAHAM the person(s) acted,executed the instrument. ? W �'t'yter'-� Lorimxmp.N 1188015 rr^^ %i rj NUBIIC.CAUFORNIA V! r.,� r WITNESS my hand and official seal. „ YET Sento 1880 CO• NY ires June 25,2002 Signatu /A l�l.v ?6 liAli This area for Official Notarial Seal 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 815752S TITLE OF TYPE OF DOCUMENT TITLEISI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 5, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTRY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT •...ONUMENTATION AGREEMENT•) THIS AGREEMENT, made this 5th day of May, by and between the CITY OF TUSTIN, a municipal corporation, herein called "CITY" and John A. & Mary M. Prescott, L.P., herein called "SUBDIVIDER". WITNESSETH WHEREAS, Subsivider has prepared and offered to City for acceptance a final map no. 99-161 and WHEREAS, Section66495 of the Government Code requires that monuments be set by Subdivider before recordation of the final tract map or that Subdivider contract for a bond such obligations. NOW, THEREFORE, Subdivider hereby agrees to furnish and install all four monuments for Final Parcel Map No. 99-161 on or before November 15,2000, in accordance with the provision of law, and furnishes a bond/cash in the sum of 2.000 and 00/100 dollars. APPROVED AS TO FORM: CITY OF TUSTIN � ( A BY <� G-- BY: U G'� / : CITY ATTO`i ✓ c MAYOR ATTEST: SUBDIVIDER: John A. & Mary M. Prescott L.P.. t 1 .11 ! es: `ak • BY: CITY CLERK/DEPUTY _ h.24-e L (�,�nLErtic 330 w. Main Street Tustin, CA 92780 ADDRESS Alf/ IJRPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On this 9th day of May, 2000, before me, Jill M. Gibbons, Notary Public, Personally appeared, John A. Prescott and Mary M. Prescott Names of Signers X 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. JILL M.GIBBONS _� COMM.#1254628 m ° "'t't Witness my hand and official seal. W ._ ._�, Notary Public-California y Y W waif-4; ORANGE COUNTY 7 - My Cor m.Exp.Feb.25,2004 [ Signatt re of Notary , CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Individual(s) Corporate Officers Title(s) X 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: Monumentation Agreement NUMBER OF PAGES: 1 DATE OF DOCUMENT: May 5, 2000 SIGNER(S) OTHER THAN NAMED ABOVE: None At This Time • BOND ISSUED IN THREAD I •)CEL MAP NO. 99-161 COUNTERPARTS BOND NO 815753S AMOUNT 52.000.00 PREMIUM AMOUNT $50.00 / SUBJECT TO MONUMENTATION BOND RENEWAL KNOWN ALL MEN BY THESE PRESENTS: That John A. & Mary M. Prescott, L.P. as, and hereinafter referred to, collectively as "Principal", and DEVELOPERS INSURANCE COMPANY 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 two 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 Final Parcel Man No. 99-161 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 5th 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 November 15th 2000 ; and WHEREAS, the construction and installation of such monuments shall be at the sole cost and expense of Principal; and • ; •i . NOW THEREFORE, if Principal shall faithfully perform all agreements contained in such Monumentation Agreement, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements and obligations contained in such Monumentation Agreement, then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the Monumentation Agreement, or of the work to be performed thereunder shall in any way effect it obligation of this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder; and PROVIDED FURTHER, that in case suit brought upon this bond, a reasonable attorneys' fee, to be fixed by the Court, shall be paid by Principal or Surety. PRINCIPAL: John A. &Mary M. Prescott. L.P. BY: • e . FAaat- c- P Address of Principal: 330 W. Main Street Tustin. CA 92780 SIGNED AND SEALED THIS 5TH DAY OF ' ''Y 2000 SURETY: DEVELOPERS INSU', •E COMPANY 0 BY: 1� S - ttome rn Fact MIFHAEL J. HENSEL (Seal) Address of Surety: 17780 FITCH, SUITE 200 IRVINE, CA 92614 APPR VED AS TO FORM: CITY ATTO• APPROVED TO CONTENT: ./..-10,-,: CITY ENGINES S:\Templatcs\Boiler Plates\Monumentation Agreement\Monumcntation Bond.doc • i • ALL r uRPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On this 9`h day of May, 2000, before me, Jill M. Gibbons, Notary Public, Personally appeared, John A. Prescott and Mary M. Prescott , Names of Signers X 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. JILL M.GIBBONS Witness my hand and official seal. .- _ COMM.#7254828 co— ��,_' : Notary Public-California m - , 'r ORANGE COUNTY My Comm Exp.Feb.25,2084 /-/Q `-M 4, �// e pOns^O — Sigi re of Notary CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Individual(s) Corporate Officers Title(s) X 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: Monumentation Bond. Bond No. 815753S NUMBER OF PAGES: 2 DATE OF DOCUMENT: May 5, 2000 SIGNER(S) OTHER THAN NAMED ABOVE: Michael J. Hensel, Attorney-in-Fact • 0-) STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 5, 2000 , before me, CYNTHIA S. INGRAHAM PERSONALLY APPEARED MICHAEL J. HENSEL 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 +'^+ + + CYNTHIA S. INGRAHAM the person(s) acted, executed the instrument. Lit .: il`'�A N �(1 r_- •"lit,, Comm.81188015 WITNESS my hand and official seal. W c:1 fin . NOTARY PUBLIC CALIFORNIA y � . �My Comm.Expires June County 5,2002 la SignatuO 'Iu.JEt / - At This area for Official Notarial Seal 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 815753S TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL • ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR • ❑ OTHER: MAY 5, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY/I ER) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE I0-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF • • • INITY COMPANY OF CALIFOF• AND uEVELOPERS INSURANCE COMPANY P.O.BOX 19725, IRVINE,CA 92623• (949)263-3300 N° 7- 0 6 0 8 7 7- NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally. but not jointly,hereby make.constitute and appoint ***James E. Mary, Virginia M. Louman, Joan M. Wynn, Michelle Haase, Cynthia S. Ingraham, Marie T. Roussere, Michael J. Hensel,Nell Amyx,jointly or severally*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24, 1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December, 1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 1 11�J�• BY • V By ! VW_ 9' I Dan F.Vincenti,Jr. Dante 1 incenti,Jr. President DMPAU YOZ P•sitlent I 5tH5URg4, ;-,(1.? ocr s 0 r ATTEST °?MAR.2]J o Akidr4444 �' 196] a a 19)9 a"By 04/ //FUPt ' B A/A—Z(0r O 4(/GpP t Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) I SS. COUNTY OF ORANGE ) On December 22, 1998,before me,C.Hollister, personally appeared Dante F.Vincenti,Jr.and Walter Crowell,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 y hand and official seal. he• y 4,� C.HOLLISTER 1 t 0:A>!�y?., COMM.41192615 Signature �' CE C. _ Mi' �%9p Notary Public California- VR.P., ORANGE COUNTY O ��'�'-' My Comm.Expires AUG. 11,2002 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this5TH day of MAY , 2000 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY %J/J/��� Ot,PANYOo ]�p//1'//� - / - // 5omm,,N B �t tCi �=e PDggl .� (��%/ _/ bQ OpPO 11�F Y Imo/ 3— OCT 5 a r By �� x/ ■ Jo S.MAR.2] O William T.Sherer ` ?, 1967 ?, William T.Sherer V p1 Ion �i Senior Vice President °y //Fpe3 kR Senior Vice President "'p\q//GOR,1.'r # # 10-314 REV(12/98) CiTr C ,agg-- •SUBDIVISION AGREEMENT THIS AGREEMENT, made this 5th day of May, by and between the CITY OF TUSTIN, a municipal corporation, herein called "CITY" and John A. & Mary M. Prescott, L.P., herein called "SUBDIVIDER". WITNESSEETTH� That in consideration of the City's approving th F i� nal Parcel Map No. 99-161, 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 guarantees and warrants that for a period of one (1) year following completion and acceptance by the City that said improvements shall be free of any defective work or labor done or defective materials furnished. CITY OF TUSTIN BY: L = , • / MAYOR ATTEST: SUBDIVIDER: n�, �f� John A. & Mary M. Prescott L.P.. .� O1CX� C.J1 baS2 . BY: sue_ c p. CITY CLERK/DEPUTY 330 w. Main Street Tustin, CA 92780 ADDRESS ALLWRPOSE ACKNOWLEDGEENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On this 9th day of May, 2000, before me, Jill M. Gibbons, Notary Public, Personally appeared, John A. Prescott and Mary M. Prescott , Names of Signers X 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. ra r�.� JILL M.GIBBONS Witness my hand and official seal. S COMM.#1254628 m Notary Public-Califomla (p W My Comm.Exp.Feb.25,2004 Sig lure of Notary 9://ge712- CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Individual(s) Corporate Officers Title(s) X 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: Subdivision Agreement NUMBER OF PAGES: 1 DATE OF DOCUMENT: May 5, 2000 SIGNER(S) OTHER THAN NAMED ABOVE: None At This Time . BOND ISSUED IN THREE (• cel Map No. 99-161 COUNTERPARTS and Amount. 52.500.00 Bond No. 8157525 • Expiration Date PREMIUM INCLUDED IN THE PERF BOND SUBDIVISION WARRANTY BOND • WHEREAS, the City Council of the City of Tustin, State of California, and John A. & Mary M. Prescott. L.P. hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and 2000 complete certain designated public improvements, which said agreement dated nigY25, 1t , and identified as Final Parcel Man No. 99-161, 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 DEVELOPERS INSURANCE COMPANY as surety, as held and firm bound unto Tustin in the penal sum of two thousand five 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 stipulat agrees that no change, extension , 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 the5TH day of MAY , 2000 PRINCIPAL: John A. & Mary M. Prescott (SEAL) By: Y „, • • • • By: e 330 W. Main Street • • Tustin. CA 92780 ADDRESS • (SEAL) DEVELOPERS INSURANCE COMPANY SURETY\Li) By: MICHAEL J. ENSEL, By: ATTORNEY-IN-FACT • 17780 FITCH, SUITE 200 • IRVINE, CA 92614 • (949) 263-3300 ADDRESS APPROVED AS TO FORM: • CITYY R rd. I I APPROVED AS TO CONTENT: • • CCITY ENGINEER • SyTenn,lates`Thiler Plates`Nlonum,entation.AgreementASubdivision Warmty Bond.doc ALLWRPOSE ACKNOWLEDGEENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On this 9th day of May, 2000, before me, Jill M. Gibbons, Notary Public, Personally appeared, John A. Prescott and Mary M. Prescott , Names of Signers X 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. i cown.�#1254eza Witness my hand and official seal. - rt Notary Public-California y w , , ', ORANGE COUNTY My Canm�Exp.Feb.25-2004 [ H, ( ,f� J ` Sign ure of Notary / NQ( ��, CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Individual(s) Corporate Officers Title(s) X 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: Subdivision Warranty Bond, Bond No. 815752S NUMBER OF PAGES: 2 DATE OF DOCUMENT: May 5, 2000 SIGNER(S) OTHER THAN NAMED ABOVE: Michael J. Hensel, Attorney-in-Fact • • STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 5, 2000 ,before me, CYNTHIA S. INGRAHAM PERSONALLY APPEARED MICHAEL J. HENSEL 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 cct>+ CYNTHIA S. INGRAHAM the person(s) acted, executed the instrument. n �f;. COMM.81188015 in �'1 ' care.) NOTARY PUBLIC•CALIFORNIA _ .2,1, Sacramento County WITNESS my hand and official seal. x¢an' My Comm.Expires June 25,2002 Signatu - " I RAILA _ This area for Official Notarial Seal 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 815752S TITLE OF TYPE OF DOCUMENT TITLEISI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE la ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 5, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITYQESI DEVELOPERS INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY F • I NITY COMPANY OF CALIFO AN EVELOPERS INSURANCE COM NY P.O. BOX 19725,IRVINE,CA 92623•(949)263-3300 N°- 0 6 0 8 6 8 NOTICE: 1. All power and authority herein granted shalt in any event terminate on the 31st day of March.2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable.the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS.that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint ***James E. Mary, Virginia M. Louman, Joan M. Wynn, Michelle Haase, Cynthia S. Ingraham, Marie T. Roussere, Michael J. Hensel, Nell Amyx,jointly or severally*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is.authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December,1998. INDEMNITY COMPANY OF CALIFORNIA �^I DEVELOPERS INSURANCE COMPANY By '1CJr , r11, VAiutaX.1,� By • _k• V� '� I.• Dan I F.Vincenti,Jr. Dante•' incenti,Jr. /President MPANxp P sident pdSUgq 400 POAImn acpr0 gran ;9By ATTEST 7 °a By WO 4 t ��x'Aht17—/j//g Walter Crowell Walter Crowell --• - Secretary Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On December 22, 1998,before me,C.Hollister,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,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 y hand and official seal. _ _ -----_ _ �ppppssi., C.HOLLISTER • a jallat.ti COMM.N 1192615 i Signature affs.eiHi C /1. - Notary_ !ice' }?q! Nota Public-California *4"?y Com ORANGE AUG. 20020 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 5TH day of MAY 2000 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY // Z5BY 7 // /BY /�� �/ i 3 ./�I ei 2�MAR.27 ao William T.Sherer V 2„ 1967 ° William T.Sherer V i 1979 la Senior Vice President °y� rtF*nHJ� Senior Vice President \yfF ID-314 REV.(12/98)