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HomeMy WebLinkAboutCC 7 RELEASE BONDS 11-15-93AGE N DA.I ,-, CONSENT CALENDAR NO. 7 JATE: NOVEMBER 15, 1993 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJEC~ RELEASE OF DUPLICATE BONDS FOR PARCEL MAP NO. 91-265 RECOMMENDATIONS: That the Tustin City Council authorize the release of the following bonds for the indicated amounts: Monumentation Bond No. 3574792600 ............. Subdivision Warranty Bond No. 3574792500 ...... $ 11,500.00 54,764.85 FISCAL IMPACT: None BACKGROUND: The subject Parcel Map is located at the northwest corner of Jamboree Road and Edinger Avenue, known as Jamboree Plaza. To expedite the processing of the final map, the above bonds were submitted to and accepted by the City November 11, 1992. However, changes to the final map were being made and construction was occurring in the public right-of-way. As a result, bond amounts were changed prior to final approval of the parcel map. New bonds were issued to the City April 2, 1993 in the following amounts. Monumentation Bond No. 3574842100 ............. Faithful Performance Bond No. 3574841900 ...... Subdivision Warranty Bond No. 3574842000 ...... $ 11,500.00 43,914.00 55,800.00 DISCUSSION: The Developer is making the request to release only those bonds issued November 11, 1992. Robert S. Ledendecker Director of Public Works/City Engineer RSL:WEH: ccg: pm91-265 Wendy E.UHallman Junior Civil Engineer • • O� OT Cis * Office of the City Clerk City of Tustin 300 Centennial Way Tustin, CA 92680 (714) 573-3026 FAX (714) 832-0825 November 18 , 1993 Mark Yorita Clay Capital Inc. 3002 Dow Avenue, Suite 220 Tustin, CA 92680 Dear Mr. Yorita: Per City Council action on November 15, 1993 , the following bonds for Parcel Map No. 91-265 are being returned to you: Subdivision Warranty Bond - 3S 747 925 00 - $54 , 764 . 85 Monumentation Bond - 3S 747926 00 - $11, 500 . 00 If you have any questions, please call me at (714) 573-3026. Sincerely, C / ro Beverley Whi -e Deputy City Clerk Encl 'I lgl 53 Ppf__) LOS_A, I (1-3 LICY)/9-4/6.__ titin> 1-7 163 • Nov. 12 ' 92 15153 0041KEMPER R . E . 8-6353 P . 2 Parcel Map No. 91-265 RECEIVED — BOND AMOUNT $54.764,@5 BOND NO. 3S 747 925 00 NOV i a ieo9 EXPIRATION DATE 11/ 17/93 COMMUNITY DEVLEOPMENT CITY OF TUSTIN SUBDIVISION WARRANTY BOND WHEREAS, The City Council of the City of Tustin, State of California, and Clay Capital, Inc.la California Corporation (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated , 19_, and identified as project Parcel Map No. 91-265 is hereby referred to and made a party 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 Lumbermens Mutual Casualty Company as surety, as held and firmly bound unto Tustin in the penal sum of fifty four thousand, seven hundred sixty four and 85/100 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 4* shell • • STATE OF CALIFORNIA, ) r� • narlonal COUNTY OF LOS ANGELES, ) SS. 'reams lcomPales On this 17th day of November 19 92 , before me KATHRYN E. POSTEL personally appeared Loraine M. Gardner personally known to me (or proved to on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of I.‘ Lumbermens Mutual Casualty Company and acknowledged to me that he (she) subscribed the name of said company thereto as Surety and his (her) own name as Attorney-in-Fact. • OFFICIAL SEAL •• ;wl• KATHRYN E. POSTEL ; • a `. NOTARY PUBLIC.CALIFORNIA • • "7 LOS ANGELES COUNTY • ilk ,At 4 I A ec —.1 rM • My Comm. Exp. Feb,22. 1994 Kathryn E. Po>te NOTAR• PUBLIC Nov . ' 12 ' 92 15 : 54 00111KEMPER R . E . 1-71.836- 833 P . 3 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 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 named, on the 17th day of November 1992 • PRINCIPAL: Clay Capital. Inc., • a California Corporation (SEAL) Kemper Real Estate Management ans.) Compa , its duly authorized 1 agent BY: Vice President "--7 Address of Principal: 3002 Dow Avenue, Suite 220 Tustin, CA 92680 T ermens Mutual Casu 1ty Company (SEAL) BY: Lo aine M. Gardner, Attorney-InFact Address of Principal : 17800 Castleton Street City of Industry, CA 91748 APPROVED AS TO FORM; CITY OF TUSTIN By: CITY ATTORNEY APPROVED AS TO CONTENT: By: CITY ENGINEER • LUMBERMENS MUTUAL CASUAISY COMPANY r---n Hose Office: Long Grove, IL 60049 •, mstm:3 ICL'OiPP.R ara POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, • corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Loraine M. Gardner of Los Angeles, California AAAAAAAAAAA • its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the data of issuance of this power and ending December 31, 1993, unless sooner revoked for and on its behalf as surety, and as its act end deed: Any and all bonds and undertakings provided the amount of no one bond or undertakin: exceeds ONE MILLION DOLLARS ($1,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1993. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Lumbermens Mutual Casualty Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 04 day of September ,19 91. Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY , F.C.NoCullough, Secretary by J.S.Kemper,III,Senior Vioe President (OVER) . . . • •' STATE OF CALIFORNIA } 55. COUNTY OF CONTRA/COSTA } On 9,S1 1(v , 1992, before me, Catherine Christie, personally appeared Dennis Klimmek, personally known to me 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, and that by his/her/their 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. ? " ^ " — - f ,ey Catherine Christie _jan valt Comm. #958232 ^ • 0 :�qn NOTARY PUBLIC-CALIFORNIA9 Signature: i DI/�e— 2 we,. i CONTRA COSTA COUNTY () trCWY My Cannt.Empires Mar. t, 1996 My commission expires: 3/1/96 0 0 STATE OF CALIFORNIA, ) ran COUNTY OF LOS ANGELES, ) SS. icemen Insurance_ . comranles L On this 17th day of November 19 92 , before me KATHRYN E. POSTEL personally appeared Loraine M. Gardner .A personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of 1 Lumbermens Mutual Casualty Company and acknowledged to me that he (she) subscribed the name of said company thereto as Surety and his (her) own name as Attorney-in-Fact. • OFFICIAL SEAL • 1 NOTARY PUB E. POSTEL : . ; ����5 • NOTARY PUBLIGCALIFORNIA • LOS ANGELES COUNTY • .e "Iii A _ L ��� a My Comm. EiD.feb.22, 1994 Kathryn E. Po el NOTARY P II BLI C 'No.:`� 12 92 15 : 58 000 4VEMPER R . E . 1-711838-8353 P . 6 Parcel Map No. 91-265 RECEIVED NO. 3S 747926 00 AMOUNT $1'1,500.00 NOV t 8 1fi°? PREMIUM $245 .00 COMMUNI Y tooPMENS CITY OF TUSTIN MONUMENTATION BOND KNOWN ALL MEN BY THESE PRESENTS: That Clay Caita pl Inc a California Corporation as, and hereinafter referred to, collectively, as "Principal", and LUMBERMENS MUTUAL CASUALTY COMPANY a corporation organized and existing under the laws of the State of ILLINOIS and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin, hereinafter referred to as the "CITY" , in the sum of eleven thousand five hundred dollars , for the a p yment 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. 91-265 for approval and acceptance of such streets and easements; and WHEREAS, as a condition precedent to the approval of said _parcel map and the acceptance of the dedication of such streets and easements, Principal is required to construct and install survey monuments or agree to zonstruct and install such monuments and execute and deliver to the City a bond m a form approved by the City, securing the faithful performance of the Lgreement of Principal to construct and install such monuments, pursuant to the trovisions of Section 11592 of the Business and Professions code of the state f California; and WHEREAS, Principal , by that Monumentation Agreement, dated dovEniaee/b, I9aL, a copy of which is attached hereto as Exhibiii "B" has agreed to instruct and install such monuments/ and WHEREAS, Principal shall complete the construction and installatinn No4'• . 12 92 15 : 59 00. KEMPER R . C . 1 - 7 '.•638-8353 P . 9 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, than thi 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 and way effect its obligation on 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 is brought upon this bond, a reasonable attorneys ' fee, to be fixed by the Court, shall be paid by Principal or Surety. PRINCIPAL: Clay Capital, Inc. , (SEAL) BY: Kem•eraReas'± Lstaat.e°na°nagement • ' •O= S • au Orgen BY. a en Vi•r Presa.ent Address of Principal ; 3002 Dow Avenue. Suite 220 Tustin CA 2680 SURE LUMBERMENS MUTUAL CASUALTY CO BY: GIAAAIX. yy LORAINE N. GARDNERFact (SEAL) Address of Surety: 17800 Castieton City of Industry , CA. 91748 APPROVED AS TO FORM: CITY ATTORNEY 1PPROVED AS TO CONTENT: CITY ENGINEER LUMBERMENS MUTUAL CASU COMPANY • /---, Ho Office: Long Grove, ZL 60049 mamma n Itemren=MT! POWER OF ATTORNEY _ms Know All Men By These Presents: That the Lumberaens Mutual Casualty Company, • corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Loraine M. Gardner of Los Angeles, California *********** its true and lawful agent(s) and ettorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the data of issuance of this power and ending December 31, 1993, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertak exceeds ONE MILLION DOLLARS ($1,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Luabermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1993. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Lumbermen: Mutual Casualty Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: ^VOTED. That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly celled and held on the 23rd day of February, 1988: ^VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermen: Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 04 day of September .19 91. Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY 2_.. z .)41,1 *"..-117- F.C.MoCullough, Secretary by J.S.Xesper,III,Senior Vice President (OVER) • • • STATE OF CALIFORNIA ss. COUNTY OF CONTRA//COSTA ) On inilkaltit.fik — I l0 , 1992, before me, Catherine Christie, personally appeared Dennis Klimmek, personally known to me 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, and that by his/her/their 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. 1 ^ ^ ^ ^ " ^ ^ ^ ^ ^ ^ t�.""�c+ Catherine Christie U ya�..{► '_ Comm. #958232 /� Olt!,, ,�-{',f Q gl�'ii:�qM "TARP PUBLIC-CALIFORNIA° Signature: I OIL 2 s �� CONTRA COSTA COUNTY C) .r.S1:n MY Con Expires Mar. 1, 1686 a My commission expires: 3/1/96 NOJ,: 12 ' 92 15 : 55 001110KEMPER R . E . 1 - 7 :40836-8353 P . 5 • MONUMENTATION AGREEMENT This agreement made and entered into this p' /4Q4.4 day of �oVF,ul�cv, 19_ ,L , by and between Clay Capital, Inc. , A California Corporation hereinafter referred to as "Subdivider" and the City of Tustin, a municipal corporation, hereinafter referred to as "City" . WHEREAS, Subdivider has prepared and offered to City for acceptance a final map of Parcel Ma No. 91-265 and WHEREAS, Section 11592 Business and Professions 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 Ma No. 91-265 on or before VovEMeAC /b , 1 9`i� in accordance with the provision of law, and furnishes a bond/cash in the sum of Eleven thousand five hundred and no/100 dollars CITY OF TUSTIN BY: MAYOR SUBDIVIDER Clay Capital, Inc., By: Kemper Re st_ . -aManifornia Corporation its du lyy tho i 7 agetto Company, $Y'_r , Vice Corp• 'ation Acknow edgemenbsidei EXHIBIT "B" ALL=P4JRPOSE ACKNOWLED ENT • NO 209/ /J CALIFORNIA CAPACITY CLAIMED BY SIGNER f State of County of CONTRA COSTA ❑ INDIVIDUAL(S) r__. '� /� / 1 DI CORPORATE GIB af+1 4"'l-'/ 1 On L. STEVENSON OFFICER(S) vP / tJOY. 110 I89y before me, / DATE / NAME TITLE OF OFFICER-EG-'JANE DOE NOTARY PUBLIC TTTLE(S) / I - ❑ PARTNER(S) I I/+/ personally appeared D nn ig H�� %4W t- ❑ ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) ❑ TRUSTEE(S) / .9 $$ personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR �An _-. ._____-.:_---._.. ....._.-.._--.._. : knowledged to me that he/she/they executed ❑ OTHER: Y' : ,:, ,,,,,,, ,, .,,,,�.,,,,,,,,,-,„1 - the same in his/her/their authorized / Fy ,ewG., O F F I C I A L S E A L ; capacity(ies), and that by his/her/their / 9 5 • L. STEVENSON ; signature(s) on the instrument the person(s), / ., '` '2! NOTARY PUBLIC CALIFORNIA ; or the entity upon behalf of whichtheperson(s) SIGNER IS REPRESENTING: / sr CONTRA COSTA COUNTY . acted, executed the instrument. NAME OF PERSONS)OR ENTRY(IES) 197 commnsmn notes April 7,1995 ♦ / ''' ''.,' '..�'' °N N'N Witness my hand and official seal. / / 1• 4 / • c / SIGNATURE OF NOTARY / ATTENTION NOTARY:Although the information requested be is OPTIONAL,It could prevent fraudulent attachhmentt_of this certificate to uneuttgr¢ed document. THIS CERTIFICATE Title or Type of Document 1 IAnu Mrr , veel h2�1� l( MUST BE ATTACHED / TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above / I O 1991 NATIONAL NOTARY ASSOCIATION•8.235 Rennet An.•P.O.Gm 7184-Canna Park.CA 91304-7184 • {• : • • • • SUBDIVISION AGREEMENT THIS AGREEMENT is made and entered into to be effective as of day of (2f' , 1993by and between the CITY OF TUSTIN, CALIFORNIA, a municipal corporation, herein called "City" and Clay Capital, Inc. , a California Corporation herein called "Subdivider" . In consideration of City ' s approval of the Final Map of Parcel Map No. 91- 265 , the Subdivider hereby agrees to comply with all requirements of Article 9 , Chapter 3 , Part 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, with the Plans and Specifications to be approved by the Tustin City Engineer, with all work to be done to the satisfaction of the Tustin City Engineer. Subdivider shall furnish bonds to guarantee the faithful performance of this Agreement and payment for materials, equipment and labor used in performing 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 defective work, defective labor and defective materials furnished. CITY OF TUSTIN By: f1z Mayor ATTEST: i Clerk 1 ' SUBDIVIDE• : Clay Capital, Inc. , APP• el/ OF� 'IH: a C- iforn - Corporation / By: 1<w/I: Real + tate Ma ay: e t Company, Jr_ / , y au�'ori °d a!a J M G. ROURKE By: CITY ATTORNEY Wanda Chiha • ice President Apr . 13 ' 93 16 : 06 0000 KEMPER R . E . 1-714-838-8353 P . 2 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA/ �� II 11/ ) - lX lVI)t' W ) COUNTY OF """" �I 0 this 02/1.9L day of �� ru-x, , 19 7J , before me, _A.ALI �,' { , No ary lic personally appeared Na(:)of Stroll) 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 S - - - - - eill/ "+-" Catherine Christie �' Tti . N Signature of Notary t) ,T'i': Comm. #958232 --:"1; • AR► 'au PUBLIC•CALIFORNIA CALIFORX {_r.; ea COSTA COUNTY 11 Yr,,;,,.; Y►o00e►El Mar.1,1908 • • CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Name of Person(e) or Entity(iee) Individuals) XENPER. R&4t- Ait x corporate --Pkg ,p(4r- u ' :. Alas / "d& 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 ATTACHE TO HE _DO NT DE IBED TO THE RIGHT: �'�(����(Sl !61'h_ Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other Than Named Above: . • • Exhibit B • MONUMENTATION AGREEMENT This agreement made and entered into this alAci day of , 19 In, by and between Clay Capital , Incorporated, a California Corporation hereinafter referred to as "Subdivider" and the City of Tustin, a municipal corporation, hereinafter referred to as "City" . WHEREAS, Subdivider has prepared and offered to City for acceptance a final map of Parcel Map No. 91-265 ; and WHEREAS, Section 11592 Business and Professions Code requires that Parcel tract monuments be set by Subdivider before recordation of a final traot map or that Subdivider contract for and bond such obligations. NOW, THEREFORE, Subdivider hereby agrees to furnish and install all monuments for Parcel Map No. 91-265 on or before 6 r/ Z , 1999 , in accordance with the provision of law, and furnishes a bond/cash in the sum of eleven thousand, five hundred and 00/100 dollars. CITY OF TUSTIN APPR�,�? f1 F/M:�' BY: MAYOR JA . CITY ATTORNEYS SUBDI D R: a, : . 'tal, Inc. Ca f• n a- � „ •pratt on By: Kemper Real Estate M. :g�:q!e t imps y its �u.! aut�iorized BY:A AS J. 4 0 / �% l/ agent Wanda ' h'hha , Vice President 3002 Dow • -enue, Suite 220 Tustin, C• . 92680 Apr . 13 ',93 16 : 06 0000 KEMPER R . E . 1-714-838-8353 P . 2 • • • ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) • ) ss: COUNTY OF L4 rtTlZl.,0`71 ) A On this p 41 day of /P , 19992 , before me, L . h:s. •at- _jib l / , Not: y, Public, personally appeared Hama(,)of S)prf(e /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. t / r NOTARY SEAL J /% Catherine Christie P ()d�0 ��•s'�� Comm. #958232 S gnature of Notary Ol`iF�a+;.�0;8NOTARY PUBLIC-CALIFORNIA 2 'h-w CONTRA COSTA COUNTY n 1 ..1,k1:lia My Comm.ExpiraaMar..1, 1998 i • V V V V v V CAPACITY CLAIMED SY SIGNER: SIGNER IS REPRESENTING: Name of Person(s) or Encity(ies) Individual(s) Ko PER 4t E A-M _2.� corporate Vae r RE5iPe/l'1- L.:. L u Jr 'r. Officers Title(s) Partners) 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 RIGHT: A'(11�1 AT,E,cmneAdei Title or Type of Document: Number of Pages: Date of Document: Signer(s) 'Other Than Named Above: