HomeMy WebLinkAbout09 RELEASE OF BOND 05-16-94N0. 9
' S _ 5-16-94
tx D
AEN A
�, i - . Y
ATE:I Inter -Com '�
MAY 16, 1994 �S'�
TO: WILLIAM A. HUSTON, CITY MANAGER =
FROM: _ PUBLIC WORKS, DEPARTMENT/ ENGINEERING DIVISION
SUBJECT: RELEASE OF BOND FOR PARCEL MAP 88-315
RECOMMENDATION
That the Tustin City Council, attheir meeting of May 16, 1994,
authorize the release of the following bond for the indicated amount:
Monumentation Bond No. 52413002 ................. $525.00
FISCAL IMPACT
None
BACKGROUND
The subject parcel map is bound to the north by Tustin Ranch Road, south
by Myford Road, east by'Irvine Boulevard and west by Heritage Way.
As a condition of approval, the Developer, The Irvine Company, was
required to post the following bond:
Monumentation Bond No. 52413002 $525.00
DISCUSSION
The monumentation has been completed as required per the City approved
drawings and has been accepted by the City.
Robert Ledendecker
Director of Public Works/City Engineer
RL:WEH:ccg:re188315
Wendy. Hallman
Junior Civil Engineer
O �
SGS C�� Office of the City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
May 31, 1994
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
Per City Council action on May 16, 1994, the following bonds for
Parcel Map No. 88-315 and 88-316 are being returned to you:
Monumentation Bond - #5241 3002 - $525.00 (88-315)
Monumentation Bond - #5241 3001 - $525.00 (88-316)
If you have any questions, please call me at (714) 573-3026.
Sincerely,
vlJ-�
Beverley W i e
Deputy City Clerk
Encl
0
CITY OF TUS1iN
MONUMENTATION BOND
•
Parcel Map si;-315
Bond No. 5'4i30U
Amount 5525.On
KNOWN ALL MEN BY THESE PRESENTS: That THE IRVINE COMPANY
as, and hereinafter referred to, collectively, as
"Principal", and TRANSAMERICA 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 $525,00 , for the
paY.��Ot of which Principal and Surety hind themselves, their heirs, administrators,
r
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 v:ith tre City a final subdivision map for such
tract of land designated as Parcel Map No SS -315 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 *^c_
ty u a ori a form approved by the City,
securing the faithful performance of the Agreement of Pr',ncipal to construct and
Install such monuments, pursuant to the provisions of Sections 11592 of the Business
and Professions Code of the State of California; and
v WHEREAS, Prin pal, by that Monumentation A94mcnt, dated NOVEMBER 1,
19 -_Ly a copy of which is attached hereto as Exhibit "R", has agreed to construct and
install such monuments; and,
WHEREAS, Principal shall complete the construction and installation of such
monuments on or before NOVEMBER 1
19 90 and
WHEREAS, the construction and installation of such monuments shall be at
the sole cost and expense of Principal; and
NOW THEREFORE, if Principal shall faithfully perform all agreements
contained in such Monumentation Agreement, then this obligation shall be null and
void.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements
and obligations contained in such Monumentation Agreement, then this obligation shall
remain in full force and effect.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no
change, extension of time, alteration or modification of the Monumentation Agreement,
or of the work to be performed thereunder shall in any way effect 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 peformed
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: The r �ne Company, A Michigan
f�G�/'f Corporation
By
C Bradle�; s n, Vice President
BY
b ; aurmes .. avanaug;, ssis an etre a y
Add /5 of Principal:
The Irvine Company
550 Newport Center Drive
Newport Beach, Ca. 92660
-2-
STATE OF OR L" )
as.
COIINTY OF 2 )
On this Z day of TerI&CA in the year,/, before me, the undersigned, a
/Natary ublic in an for said State, personally appeared
1 1q,9Q t'i�&5nnf andr�1FJ/lJt'S >P01'19AI19a t4
t personally known to me (or proved to me on the basis of satin a ory evidence) to
y be he persona /Zj
vho executed the within instrument as ( Qt; Si t5Ni and
1r C
Y. , respectively, on behalf of the carpo=ation cherein gamed
and acknowledged to me that the corporation executed it.
5 my hand and official seal.
Notary Public i 99and fo said State
STATE OF CALIFORNIA
COUNTY OF
On C C'�� l << before me, the undersigned, a Notary Public in and for
the sad d tate sona�ly appeared personally known to
me or roved to me on the basis of satisfactory evidence i��he persons(sl whose
riame(s) is/are subscribed to the within instrument and acknowledged than
executed the same.
WITNESS my hand and official seal. OFFICIAL SEAL
NANCY ANNE TOWNSEND
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
1 My Commission Exp. lune 25, 1993
I
I
SURETY: TRANRI4nauZ
-INSURANCE COMYANT
. -
By R. S TERRIS/.:
kvcrn-eytr
(SEAL)Address of .Surety;
4111 ALAMEDA AVENUE
BURBANK, CA 91510
APPROVEDVRM;
APPROVED AS TO CONTENT:
�`t'l vim-,-` /e -l6 -'5�q
ty Engineer
.3-
Transamerica • Transarlift
Insurance Company
Insurance Services
A SIOCk C / HoN ONICS: LOS Angeles. Caldom a
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti-
tute and appoint R, S. TERRIS OF IIWINE, ORArGE CO., CALIFORNIA
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to
execute and deliver and affix the seal of the Company thereto, if a sed is required, bonds, undertakings, recognizances or
other written obligations in the nature thereof, as follows: A;y AND ALL BONDS AMID UNDERTAKINGS, UNLD=
IN MDUNT, IN ANY SINGLE INSTANCE, FOR OR ON BEHALF OF THIS COMPANY, IN ITS BUSINESS
AND IN ACCORDANCE WITH ITS CHARTER
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to
these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full
force and effect.
ARTICLE VII
SECTION 36. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of
indemnity, endorsements, stipulations, waivers, consents of sureties, re -insurance acceptances or agreements, surety and
cosurety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance
business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice
President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii)
the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any
Vice President to give such authorization; provided that all policies of insurance shall also beer the signature of a Secretary,
which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the
President. A facsimile signature of a former officer shall be of the some validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person
authorized to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and seeded by a facsimile under and by the authority of the following resolution adopted
by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execu-
tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature
and seal, when to used being hereby adopted by the Company as the original signature of such officer and the
original seal of the Company, to be valid and binding upon the Company with the same force and effect as
though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its
proper officer and its corporate seal to hereunto affixed this 31st day of August 119 87
State of California )
County of Ins Angeles ) u
By //// �—
fd.H. Tanner, Vice President
On this 31st day of August , 19 87 , before me Hazel Yamasawa, a Notary Public in and for the
said County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to
me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM-
PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the
seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to
authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporation.
OFFICIAL SEAL
HAZEL YAMASAWA
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires SePL 30, 1989
G�s�L
Hazel Yamasawa, Notary Public
in and for the County of Los Angeles, California
I
(Continued) 6-86
i
•
CITY OF TUSTIN
MONUMENTATION BOND
•
Parcel Map SP -11 c,
Bond No.. 5241 SOUL
Amount jt2,
KNOWN ALL MEN BY THESE PRESENTS: That'HE IRVINE COMPANY
as, and hereinafter referred to, collectively, as
"Principal", and 'TRANSAMERICA 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 $525.00 . for the
payment of which Principal and Surety bind themselves, their heirs, administrators,,
f'
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.B8-3I6 for approval and acceptance of such
streets and easements; and
WHEREAS, as a condition precedent to the approval of said tract .rap 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 Sections 11592 of the Business
and Professions Code of the State of California; and
WHEREAS. .Prr .al, by that Honumentatron A90cnt, datCd NWENBY.R 1,
19y 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 1
19 90 and
WHEREAS, the construction and installation of such monuments shall be at
the sole cost and expense of Principal; and
NOW THEREFORE, if Principal shall faithfully perform all agreements
contained in such Monumentation Agreement, then this obligation shall be null and
void.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements
and obligations contained in such Monumentation Agreement, then this obligation shall
remain in full force and effect,
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no
change, extension of time, alteration or modification of the Monumentation Agreement,
or of the work to be performed thereunder shall in any way effect 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 peformed
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.
_R,. PRINCIPAL: The ne Company, A Michigan
�!7 Corporation
By
-;
By
ra gy ison, ice rest en
r.,, >— ,;•a�mes .. avanaug ssrs an ecre a y
r
"~ AddVess of Principal
..c,
The Irvine Company
550 Newport Center Drive
Newport Beach, Ca. 92660
-2-
•
•
STATE OF/ )
as.
COUNTY 0
On this �' day of in the year, before me, the undersigned, a
N ary ublic in and or said State, personally appeared
` and cTgm P
14
personally known to me (or proved to me on the basis of,atisfory evidence) to
be//��he persons who executed the within instrument as t ( �._Sil�t / and
c 177. rCGC_ �. respectively, on behalf of the corporation therein named
and acknowledged to me that the corporation executed it.
S my hand and official seal. OFFICIAL SEAL
20 DIANE YOUNG
(4
°o NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
(Y!/'Lc� — My comm. expires DEC 29, 1992
Notary Public in Ond for aid State
STATE OF CALIFORNIA
COUNTY OF
On (Y ll>P1�2 lC� lCt ,c( before me the undersi ned, a Notary Public in and for
the said State, persona y appeared cZ� j ,personally known to
me or roved to me on the basis of sa is ac ory evidence�fhe persons(s) whose
vame(sg is/are subscribed to the within instrument and acknowledged that ltd
Executed the same.
14ITNESS my hand and official seal.
OFF)= SEAL
NANCY ANNE TOWNSEND
•�p0,' NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
�Y o ORANGE COUNTY
`�•, My Commission Exp. lune 25, 1993
M
(SEAL)
SURETY: RAr�;ICA UF/NCi: COiInNY'
Attorney act
Address of Surcty:
4111 ALAMEDA AVENUE
BURBANK, CA 91510 ;
AED RM:
yttor
ney
APPROVED AS
TO CONTENT:
-3-
ity Engineer
Transamerica • Trans, *a Insurance Company
Insurance Services A SIoCk Company m
/ Hoe Office: Loa Angel", Caidomis
Poasr of Attorney
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti-
tute and appoint R. S. TEREIS CF I v ,.E, ORArGE CO., CALI:OPS:IA
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to
execute and deliver and affix the seal of the Company thereto, if a sed is required, bonds, undertakings, recognizances or
other written obligations in the nature thereof, as follows: A; y AND ALL BONDS AND UNDO, UNLIMITED
IN MULINT, IN ANY SINGLE INSTANCE, FOR OR ON BDVJF OF THIS COMPANY, IN ITS BUSINESS
AND IN ACCORDANCE WITH ITS CHARTER
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attomay (s) -in -Fact, pursuant to
these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full
force and effect.
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of
indemnity, endorsements, stipulations, waivers, consents of sureties, re -insurance acceptances or agreements, surety and
cc -surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance
business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice
President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii)
the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any
Vice President to give such authorization; provided that all policies of insurance shell also bear the signature of a Secretary,
which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the
President. A facsimile signature of a former officer shall be of the same validity a that of an existing officer.
The affixing of the corporate seal shell not be necessary to the valid execution of any instrument, but any person
authorized to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted
by the Board of Directors of the Company at I meeting duly called and held on the 17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By -lows and the Company seal may be affixed
by facsimile to any paver of attorney or special power of attorney or certification of either given for the execu-
tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature
and seal, when so used being hereby adopted by the Company as theoriginal signature of such officer and the
original seal of the Company, to be valid and binding upon the Company with the same force and effect as
though manually affixed:"
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its
proper officer and its corporate seal to hereunto affixed this 31st day of August 1987
UH. Tanner, Vice President
State of California )
County of Los Angeles ) a
On this 31st day of August 19 87 , before me Hazel Yamasawa, a Notary Public in and for the
said County and State, raiding therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to
me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM-
PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the
seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to
authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporation.
�.
OFFICIAL SEAL
HAZEL YAMASAWA
m NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY Hazel Yamasawa, Notary Public
y Commission Expires sept. 30, 1989 in and for the County of Los Angeles, California
1719 D
(Con tinopoi I 6-86