HomeMy WebLinkAbout11 RELEASE OF BONDS 06-06-94AGEN DA
NO. 11
~TE:
JUNE 6, 1994
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: ACCEPTANCE OF PUBLIC I~PROV~S ~ RELEASE OF BONDS FOR
PARCEL MAP 91-265
RECOMMENDATION
That the Tustin City Council, at their meeting of June 6, 1994,
authorize the release of the following bonds for the indicated amounts:
Faithful Performance Bond 3S74841900 ......... .... $43,914.00
Monumentation Bond 3S74542100 ................... 11,500.00
FISCAL IMPACT
None
BACKGROUND
The subject Parcel Map is for Jamboree Plaza located adjacent 'to the
northwest corner of Jamboree Road at Edinger Avenue.
A~ a condition of approval, the Developer, Clay Capital, Inc., was
required to post the following bonds:
Faithful Performance Bond 3S74841900 ......... '... $43,914.00
Monumentation Bond 3S74842100 ................... 11,500.00
Subdivision Warranty Bond ....................... 55,800.00
DISCUSSION
The Developer has completed the public improvements and monumentations
as required per the City approved drawings and the improvements and
monumentations have been accepted bythe City. The Subdivision Warranty
Bond is to remain in effect for one year from the date of acceptance.
Robert S. Ledendecker
Director of Public Works/City Engineer
RSL:WEH: ccg: pm91-265
Junior Civil Engineer
ATV O • •
t ri 7ee
S C Office of the City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
June 15, 1994
Clay Capital Inc.
C/O Wanda Chihak
3002 Dow Avenue, Suite 220
Tustin, CA 92680
Per City Council action on June 6, 1994, the following bonds for
Parcel Map No. 91-265 are being returned to you:
Monumentation Bond - #3S74842100
Faithful Performance Bond - #3574841900
If you have any questions, please call me at (714) 573-3026.
Sincerely,
Beverley Whitkj
Deputy City Clerk
Encl
(-41,
Parcel Map No. 91-265
Bond Amount $43 , 914 . 00
Bond No. 3S 748 419 00
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Tustin, State of California, and
Clay Capital, Inc. , a 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 q cZ , 199.7?, and
identified as project Parcel Map No. 91-265
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 Lumbermens Mutual Casualty Company
, as surety, are held and firmly
bound unto the City of Tustin (hereinafter called "City") , in the penal sum of
forty three thousand, nine hundred fourteen and 00/100 dollars lawful money of
the United States, for the payment of which sum well and truly to me 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
avncncoc anA face i nnl nAi nn rancnnnhl a a1*4-r.rnn ,t e Fe.^c .«....rr..A L... n:4... . .,
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by
the principal and surety above name on the 2nd day of April
19 93
(SEAL) Clay, C. pital, Inc. California Corporation•
By: Kemper Real Estare Ma.gemen Co is pul authorized agent
By: _ .11ii A afe A ec'
Wanda Chihak, e President
By:
STATE OF CALIFORNIA, rL;•.•.
COUNTY OF LOS ANGELES, ) SS. I mpere insurance
On this 2nd day of April 19 93 , before me KATHRYN E. POSTEL
personally appeared Loraine M. Gardner
',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
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.
000000 00000000000000000000000000
,C
�g OFFICIAL SEAL :
-:4h\ KATHRYN E. POSTEL
: ey;,m7 NOTARY PUBLIC.CALIFORNIA :
LOS ANGELES COUNTY • , c "111-- •
Si• My Comm.Exp. Feb.22, 1994 : mil' 'A .
OOOp•0000000 n 0 000090000000000000 Kathryn E. Postel NOTARY PUBLIC
•
itar
Ar
CIT ,TTORNEY
APPROVED AS TO CONTENT:
Grri ,� 22 -c-3
CITY ENGINEER
re
A
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by
the principal and surety above name on the 2nd day of April ,
19 93
(SEAL) Clay C. pital , Inc. California Corporation
By: Kemper Real Este e�Ma'zgemen/Co,I is .ul authorized agent
By: _ ._ Jt'AA __s e t
Wanda Chihak, y a President
By:
3002 Dow Avenue, Suite 220
Tustin, CA 92680
Address
t (SEAL) LUMBERMENS MUTUAL INSURANCE COMPANY
44 Sur ty rn
r By: a(t-uk4--�' ' �/"a-4-c'1
By: Loraine M. Gardner, Attorney-In-Fact
� r.
17800 Castleton Street
i .,
City of Industry, CA 91748
Address
APPROVED S 0 F RM:
CIT TTORNEY
APPROVED AS TO CONTENT:
CITY ENGINEER
LUMBERMENS MUTUAL CASUAT:511000MPANY • Minna/ ICemreR CO
Hoer 0:fics: Long Grove, IL 60049( I
POWER OF ATTORNEY --- \\\
Know All Men By These Presents:
That the rmf5 � u Casualty ome an a cpoat rganized and existing under the laws of the State of
Itno and sa iC al off in orrIoni does by appoint
Loraine M. Gardner of Los Angeles, California
od
its true and lawful agent(s) and attorney(s)-in-fact, to ma ems,er ec te, se 1,a sooneivrrvod rig tend period
beginning with the date of issuance of this power and ending
behalf as surety, and as its act and deed:
Any and all bonds and undertakings. *********
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This
within the does not permit authority he same obligation
at forth be split into two or more bonds in order to bring each such
bond
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 executed and acknowledged byC Ittssaregularly eleccteed amply ficers at intents l purposes,
fice in Long Grove,sI same oiis been duly
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 which ismhreinafter set Company on
hereby certified to 1988
by the Long
undersigned Secretary as being in
accurate copy
full force and effect: s"VOTED, That the Chairman of the Board, the President, or any Vice President,, or their1{aYppoontteesi designated sig_
agents and
writing and filed with the Secretary, or the Secretary shall have the power
attornsys-in-fact, end to authorize them to execute contracts an behalf lfndemnily and Company, and
ttach the seal of
obligatory in the Company
thereto, bonds any and such officers undertakings, raeogn appoint agents for acceptance of process."
thereof, and any such off ieers of the Company may apps of
resolution adopted by is Committee and of the Board of Directors ofunthe Company at a meetingfdulya called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Boad, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the
attorney, the
bonaleof t executed Company, and of
certifications by the Secretary, may be affixed by facsimile on any power
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 end 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
`
a °
by J.S.Keaper,III,Senior Vice President
f.C.MeC++l lough, SeoratrY
(OVER)
AFr . 13 93 16 : 06 0000 KEMPER R . E . 1-714-838-8333 P . 2
• ( • •
•
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA ) • •
•
COUNTY OF e /tII (U 457 )
On this day of / 1 , 19 9'J, before me, •
eft/ha/At ,h/t.i (-e._ , Not. . p •lic, personally appeared
Nm(17 d Sad.)
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. yy,, �
NOTARY SEAL C�2l/ICJL(i
_ a a — a a - a w . w
a"`"4.,_ Catherine Christie signature of Notary
0' t Comm. 6958232
M �
0,.�•= q• • u+rvtsuc-cmuwarrUp
Vc.a4 CONTRA COSTA COUNTY n
F .."n;:. ^_ My Comm.Expires Mar.t, e-B i
•
v . r v
CAPACITY cIATMED BY SIGNER: SIGNER IS REPRESENTING:
Name o! erson(s) or Entity(ies)
Individuals) Ely /PERL E57-47E
X Corporate V IPE f o:D> `r Kim ' • - //01•
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness ,
Guardian/Conserva(tor
Other:
•
r
THIS CERTIFICATE musty ATTACH£P ,10 THE, DOCUMENT DESCRIBED TO THE
RIGHT: l /1 Yoh 1
•
Title or Type of Document:
•
Number of Pages: Data aDocument: •
Signer(s) 'Other Than Named Above: • .
.
PARCEL MAP' 91-265
BOND N . 3S 748 421 00
AMOUNT $11, 500. 00
CITY OF TUSTIN
MONUMENTATION BOND
KNOWN ALL MEN BY THESE PRESENTS: That Clay Capital , 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 and 00/100 dollars , for 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
straots and onsomants to public uso, and has filed with tho City n finnl.
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
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 11592 of the Business and Professions Code of the State
of California; and
WHEREAS, Principal , by that Monumentation Agreement, dated .4a151-d_,
19 93, 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 (fn 7 , 1999 ; and
NOW THEREFORE, Principal shall faithf( 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 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. rr
PRINCNIP411: Clay Capes Inc. a
STATE OF CALIFORNIA, '"
COUNTY OF LOS ANGELES, ) SS. ICempeR maanes
On this 2nd day of . April 19 93 , before me KATHRYN E. POSTEL
personally appeared Loraine M. Gardner
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
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.
I •66.66.66••b••bb b•bbb••bbb••••••
• a b • OFFICIAL SEAL 0
: 0,c,.„1,44 KATHRYN E. POSTEL ; I A
• WY) NOTARY PUBLIC.CAUFORNIA : ois`, tt,I� 2 , Q__It"-
6 ..,,,,< LOS ANGELES COUNTY • i
My Comm.Exp.Feb.22, 1994 a Kathryn E. Poste.' NOTARY PUBLIC
City of Industry, CA—x/48
•
APPROVED j :
CITY A i' V Y
APPROVED AS TO CONTENT:
)9 af G -4-.-- f4 t/9 t
CITY NGINEER
NOW THEREFORE, , Principal shall faithfr-O 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 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.
PRINC Pe : Clay Ca. : Inc. a
if Cal ' io , •ora on
By: Kemper Real Estate Manageje-t Jm'an7�,j ' , !��' on/d agen
(SEAL) BY' L,�� /I 41_4I _ f
ands ChihakeW e President
BY:
Address of Principal :
3002 Dow Avenue, Suite 220
Tustin, CA. 92680
SURE : nLUMB(ERMENS MUTUAL CASUALTY COMPAD
BY: O n`GZuLt i ,5zU 4I
Attorney in Fact
Loraine M. Gardner
(SEAL) Address of Surety:
17800 Castleton Street
City of Industry, CA 91748
APPROVE)/ ORM:
CITY LA i'-V Y
APPROVED AS TO CONTENT:
h7�rG ez.saC. 4L/93
CITY NGINEER
Lt MW.i.TIMENS MUTUAL-CASUAL. COMPANY •
Home Ofifice: Long Grove, IL 60049 ICemrea Innonance
nanona
con
POWER- OF ATTORNEY --
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, a 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 attorney(s)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date 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. AAAAAAAAA
EXCEPTION: NO AUTHORITY is granted to wake, 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 Compaq•"
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: p,,,.,,` LUNBERMENS MUTUAL CASUALTY COMPANY
a
F.C.MeCullough, Secretary by J.S.Keeper,IIl,Senior Vice President
(OVER)
Apr . 13 ' 93 . 16 : 06 0000 KEMPER R . E . 1-714-838-8353 P . 2
c � (7- Ili
•
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
n �/ •
COUNTY OF Orel- £k — )
/y On this ...at day of , 19r) , before me,
as 4 e.-- , Public, personally appeared
i , , UA ar
Nssoe(s)of Signet)
personally known to me - OR
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies) , and that
by his/her/their signature(s) on the instrument the person(s) ,
or the entity upon behalf of which the person(s) acted,
executed the instrument.
- witness my hand and official seal.
NOTARY SEAL /
wow - i. w n A .+ •. t
Signature of Notary
L'++(, Catherine Christie k
V=� rst}ya Comm. #958232 //��
:::, Y OTARY PUBLIC-CALIFORNIA°
Q i q CONTRA COSTA COUNTY C)
�?'OVC..� My Comm.E<pires/Mar. 1:1996 i •
CAPACITY CLAIMED BY SIGNER: • SIGNER IS REPRESENTING:
• N- - o Pers n s) or Entity(ies)
_ Individual(s) 7
�
r Officers vies ?RS/ a//:a7/ilr�f/.a.Zu1T
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney—in—Fact
Trustee(s)
__ Subscribing Witness ,
Guardian/Conservator
Other:
•
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE
RIGHT: IhD WVtn c „l]]Sc`I/ 01).1P
Title or Type of Document:
Number of Pages: Date of Document: • t
Signer(s) 'other Than Named Above: .. -
•
/C~ 0
•
'kss) Office of the City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
June 28 , 1995
Wanda Chihak
Clay Capital, Inc.
3002 Dow Avenue, Suite 220
Tustin, CA 92680
Dear Ms. Chihak:
Per City Council action on June 6, 1994 , the following bonds for
Parcel Map 91-265 are being returned to you:
Subdivision Warranty Bond - 3S 748 420 00 - $55, 800. 00
Subdivision Warranty Bond - 100869980 - $55, 800. 00
If you have any questions, please call me at (714) 573-3026.
SiAcerely,
Its„
Si
Beverley Wh.ike
Deputy City Clerk
Encl
•
• •
NEAR NORTH INSURANCE BROKERAGE , INC .
A Member of the Near North National Group
.875 N.Michigan Avenue 312/280/5600
Chicago,Illinois 60611 Fax 312/280/5602
March 1, 1994 R M
City of Tustin 1
Tustin, California L. 5
!TUSTIN PUBLIC WORKS DEPT.
RE: Clay Capital, Inc. (Kemper Corporation)
Aetna Casualty and Surety Bond No. 100869980-95-019
Gentlemen:
Enclosed you will find the above-referenced surety bond for Clay Capital, Inc. in the amount of
$55,800.00. Please be advised there has been a change in the surety company representing
Clay Capital and Kemper Corporation.
Please acknowledge that the enclosed bond replaces and therefore releases Lumbermens Mutual
Insurance Company Bond No. 3S 748 420 00 by signing below and returning this letter to Near
North Insurance Brokerage; envelope provided. This letter will also serve to confirm that the new
bond assumes all liability presently incurred under the old bond.
Please feel free to contact us should you have any questions concerning this matter.
Sincerely,
NEAR NORTH INSURANCE INC.
Theresan E. Rowedder
Surety Agent on Behalf of Clay Capital and Kemper Corporation .
Enclosure
City of Tustin
Approved By:
• Chicago Dallas Los Angeles New York Tampa Washington DC
•
• PARCEL MAP NO. 91-265
F •AMOUNT $55, 800. 00
L NO. 3S 748 420 00
EXPIRATION DATE 04-02-95
CITY OF TUSTIN
SUBDIVISION WARRANTY BOND
WHEREAS , The City Council of the City of Tustin, State of California, and
Clay Capital , Inc. , a 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 !:l 2 . , 19g3, 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-five
thousand, eight 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
DV 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
:he covenants, conditions and provisions in the said agreement regarding the
;uarantee and warranty of said improvements as aforementioned and any
alteration thereof made as therein provided, on his or their part, to be kept
:nd performed at the time and in the manner therein specified, and in all
-espects according to their true intent and meaning, and shall indemnify and
the City o F
;ave .ur.^..lc.^, 2 �_y Tustin, 1tS officers, agents and employees, as
:herein stipulated, then this obligation shall become null and void; otherwise
t shall be and remain in full force and effect.
• •
try
11
1,
Kenna companies
,..�-,..... i•g '+
E OF CALIFORNIA,
SS.
TY OF LOS ANGELES,
19_13___, before me
KATHRYN B. POSTEL
A ril
2nd day of Gardner to be the
pis � Loraine M. evidence)
onally appeared on the basis of satisfactory
onallY known
to me (or proved to me vide evidence)
_��
on whose name is subscribed to this instrument as the Attorney-in-Fact thereto as
Com.anv of said company
ckno leds Mutual that (she) subscribed the name
acknowledged to me that he
own name as Attorney-in-Fact.
qty and his (her L
•••••••••••••••••••••••••••••••• C,, ��,��
• oFFICIAL.SEAL, e
,;,q�[p.. - KATHRYN E. POSTEL + aaV NOTARY PUBLIC
• p,-,,�J Nyom PE Feb ALIFGA99 , E. Post-
" LOS ANGELES CGUNT'f • Ka hryn
• My Comm.ExO. F .22. 1994 •
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The surety hereby st_ealates and agrees that n hange, extension of time,
• alteration or addition tillthe 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 2nd day of April 1993.
PRINCIPAL: Clay Capital , Inc.
a C 11ifpo is • •o ation
By: Kemper Real stateia . • Lxompany
(SEAL) BY: its d y au . .riz_J . ;.
BY: Wand r AL_ /i (. U
Address of Prin •: 1 :
3002 Dow Avenue, Suite 220
Tustin, CA. 92680
SURETY LUMBERMENS MUTUAL CASUALTY COMPANY
(SEAL) BY: lrl ,f/LCbt( ' l
L raine M. Gardner, Attorney-In-Fact
Address of Surety:
17800 Castleton Street
City of Industry, CA 91748
'PROVED AS TO FORM:
_TY OF TUST
��
BY:
C • ATTORNEY
APPROVED AS TO CONTENT:
BY: L .cLe z/P3
CITY ENGINEER
S6
'LLMBERlMENS •MUTUAL CASUSTY COMPANY 14.4e
home Office: Long Grove, IL 60049 i :gfMgl
KC!DIPC'Rance
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POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, a 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 attorney(s)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date 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. AAAAAA***
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 sold
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 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 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 end 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 Cowpony has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 04 day of Sptasber ,19 91.
Attested end Certified: LUMBERMENS MUTUAL CASUALTY COMPANY
t,awa� S
F.C.Mocullough, Secretary by J.S.Keape ,Senior Vice President
(OVER)
Apr . 13 ' 93 16106 0000 KEMPER R . E . 1-714-836-8333 P . 2
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ALT PURPOSE ACRNOWtEmoNENT
STATE OF CALIFORNIA ) •
fl( ) •ss: •
COUNTY OF / / (�U"J/lJ� )
,n this 2 / day of , 1S , before me,
a leA.v' AAA. i , Notar Public, personally appeared
Nroap)&Signet)
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.
witness my hand and official seal. """ " "
NOTARY SEAL _ eilh ' orit ( /
�` ��, Catherine Christi: gnature of Notary
Bite 1��F±- Comm. #958232
cg tire: d �TARY PUBLIC-CALIFORNIA
` - COSTA COUNTY
_ _ W Comm.&Ores Mar, 1_1998'
CAPACITY GAINED BT SIGNER: SIGNER IS REPRESENTING:
Name o Person(s) or Entity(ies)
_ Individual(s) 0 : 0
corporate WE re IbE//r i '
Officers �u ��
Title(s)
Partner(s)
_ General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness .
Guardian/Consersgtor
Other:
THIS RIGHT: ZFZCATE MUST EADIvATTACHED ioNJ ou of nii (,7NT�SCRIBED TO THE
Title or Type of Document:
,(T-�I ` �
Number of Pages: Date of Document:
Signers) Other Than Named Above:
• P•CEL MAP NO. 91-265
BOND AMOUNT $55,800.00
BOND NO. 100869980-95-019
EXPIRATION DATE 4/2/96
CITY OF TUSTIN
SUBDIVISION WARRANTY BOND
WHEREAS, The City Council of the City of Tustin, State of California, and
Clay Capital, Inc., a 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 April 2 19 93 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
The Aetna Casualty and Surety Company
as surety, as held and firmly bound unto Tustin in the penal sum of
Fifty Five Thousand Eight Hundred and 00/100 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;
in any judgment render. •
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 2nd day of April , 1995
PRINCIPAL:Clay Capital, Inc. a California Corporation
(SEAL) BY :
BY:
Address of Principal :
3002 Dow Avenue, Suite 220
Tustin, California 92680
SURETY: The Aetna/ .sualty and Surety Cc mpany
(SEAL) BY : / 1 �/.i L. A .'/ L.'4
Theresan E. Rawedder, Attorney-in-Fact
Address of Surety:
151 Farmington Avenue
Hartford, Connecticut 06156
APPROVED AS TO FORM:
CITY OF TUSTIN
BY:
CITY ATTORNEY
APPROVED AS TO CONTENT:
BY:
CITY ENGINEER
S6
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State of Illinois
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County of Cook
On this 2nd day of April , 19 95 before me personally appeared
Theresan E Rowedder , known to me to be the Attorney-in-fact of The Aetna Casualty and Surety Company
the corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my offi e 'n the aforesaid
county, the day and year in the certificate first above written. • n
"OFFICIAL SEAL" S ' (Notary Public)
Mary Lisa Schuler
Notary Public, State of Illinois
My Commission Expires 2/23/97 {
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THE AETNA CASUALTY AND SURETY COMPANY
Etna • Hartford,.eCticut 06156
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS,THAT THE AETNA CASUALTY AND SURETY COMPANY,a corporation duly organized under the laws of the
State of Connecticut.and having its principal off ice in the City of Hartford.County of Hartford.State of Connecticut.bath made,constituted end
appointed,and does by these presents make,constitute and appoint
Robert E. Duncan, Geoffrey E. Heekin, Donna Wright, Patricia Thurmond
Theresan E. Rowedder, Garry L. Wesselink, Jennifer Brown, Connie Mizaur *
of Chicago,IL ,its true and lawful Artorneylsl-in-Fan,with full power and authority hereby conferred
to sign, execute and acknowledge,at any place within the United States,or, if the following line be filled in,within the area there desig-
nated ,the following instrument's):
by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,
recognizance,or conditional undertaking and any end all consents incidents thereto
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and to authorizedoH ers off THE AETNA CASUALTY AND SURETY COMPANY,end all the acts of said AnorneylsltimF tt pursuant to the authority herein
given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company.which Resolutions are now in lull force
and eh ear.
VOTED:That each of the following officers:Chairman.Vice Chairman,President,Any Executive Vice President,Any Group Executive,Any Senior
Vice President,Any Vice President,Any Assistant Vice President.Any Secretary,Any Assistant Secretary,may from time to time appoint Resident
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Vice Presidents.Resident Assistant Secretaries,Anomeys-in-Fact,and Agents to act for and on behalf of the Company and may give any such
appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds.
recognitances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional lundenaking,and any of
said officers or the Board of Directors may at any time remove any such appointee end revoke the power and authority given him or her,
VOTED:That any bond.recognizance,contract of indemnity.or writing obligatory in the nature of a bond.recognizance,or conditional undertaking
shall be valid and binding upon the Company when lal signed by the Chairman,the Vice Chairman,the President.an Executive Vice President.a
Group Executive,a Senior Vice President.a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to the power
prescribed in the certificate of authority of such Resident Vice President,and duly attested and sealed with the Company's seal by a Secretary or
Assistant Secretary or by a Resident Assistant Secretary.pursuant to the power prescribed in the certificate of authority of such Resident Assistant
Secretary:or lb)duly executed(under seal,if required(by one or more Anorneys.in-Fact pursuant to the power prescribed in his or their certificate
or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by f ecsimile under and by authority of the following Standing Resolution
voted by the Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY which Resolution is now in lull force end effect:
VOTED:That the signature of each of the following officers:Chairman.Vice Chairman,President,Any Executive Vice President,Any Group
Executive,Any Senior Vice President.Any Vice President,Any Assistant Vice President,Any Secretary.Any Assistant Secretary.and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident
Assistant Secretaries or Anorneys.in-Fact for purposes only of executing and attesting bonds and undertakings and other writings Obligatory in the
nature thereof.and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the
Company and any such power so executed and cenified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
in the future with respect to any bond or undertaking to which it is enacned.
IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President.
and its corporate seat to be neteto affixed this , 19 94
28th. Aril
THE AETNA CASUAL • a SURETY COMPANY
TNN
By l'-•o —ire j ey /.
State of Connecticut ` s �GeorytYTeorro�/
z.Hartford Assistant Vice President
County of Hartford
On this 28th day of April ,19 94 .before me personelir came GEORGE W.THOMPSON to me known,who.
being by me duly sworn.did depose ano say:that nersne is Assistant Vice President of THE AETNA CASUALTY AND SURETY COMPANY,the
corporation described in and which executed the above instrument:that nelane knows the seal of said corporation:that Inc seal affixed to the said
instrument is such corporate seal:and that ne/sne executed the said instrument on behalf of the corporation by authority of his/her office under
the Standing Resolutions thereof.
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r`atee -• N X 2aZ
�.•iejs`4
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ti-.. My commission noires August 31,199B Notary Public
Dorothy L Marti
CERTIFICATE
I.the undersigned.Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut.DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked:and
lunhermore,that the Standing Resolutions of the Board of Directors,as set forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut.Dated this 2nd day of
April .i9 95
By It ucQ, ^-"n
%O William T.DiRobens
S-1921-FIM113-931 Secretary
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