HomeMy WebLinkAboutCC 4 PARCEL MAP 90-104 07-01-91CONSENT CALENDAR NO. 4
7-1-91
AGE NI"JA-
Inter-Com
I
...
ITE: JUNE 26, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
F-Ho'�: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
S%BJEEvT: ACCEPTANCE OF PUBLIC IMPROVEMENTS - PARCEL MAP NO. 90-104
RECOMMENDATION
That the Tustin City Council accept the public improvements within
Parcel Map No. 90-104 and authorize the release of the following
subdivision public improvement bonds:
Faithful Performance Bond No. 204754S $130,000.00
Labor and Materials Bond No. 204754S $ 65,000.00
Monumentation Bond No. 2047565 $ 2,320.00
BACKGROUND
As a condition of approval of Parcel Map No. 90-104, the developer,
CMS Development Company, was required to post certain improvement
bonds to guarantee the installation of the public improvements related
to Parcel Map No. 90-104. This parcel map is located on the west side
of Newport Avenue between the I-5 Freeway and "B" Street.
The developer has requested release of the following subdivision
bonds:
Faithful Performance $130,000.00
Labor and Materials $ 65,000.00
Monumentation $ 21320.00
DISCUSSION
All required improvements within the public rights-of-way have been
completed to the satisfaction of the Public Works
Department/Engineering Division. These improvements include street
paving, curb and gutter, sidewalk, domestic water and traffic signal
modifications.
It is requested that the City Council at their meeting of July 1,
1991, accept the public improvements within Parcel Map No. 90-104 and
authorize the release of the above mentioned bonds.
The subdivision warranty bond No. 204754S in the amount of $18,000.00
must remain in effect for a period of one year after the City Council
accepts the public improvements.
Bob Ledendecker Jerr Otteson
Director Public Works/City Engineer Associate Civil Engineer
E.r/6r.��n2i.v�
!�
SUBDIVISION AGREEMENT
THIS AGREEMENT made this
-61'day of �Ci� 1�6? by and between
the CITY OF TUSTIN, CALIFORNIA, a municipal corporation, herein called "CITY" and
Pe Ll /X/%crsA,✓Frtw,4tA tiT� Assou�%s% + Cl/,/ herein called "Subdivider".
WITNESSETH
That in consideration of the City's approving the Final Map of Parcel Map No. 90-104
the Subdivider hereby agrees to comply with all requirements of Chapter 18 of Article
V 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.
ATTEST:
TY CLERK
CITY OF TUSTIN
By: 6L:i/
&�
MAYUR
SUBDIVIDER
_. By: ._
CP��� Assau his ..
G'c'�k,/�h' HRtidP/Y
• 0
ACKNOWLEDGMENT BY CITY
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE )
On '7 19`y� before me he undersigned, a Notary Public in
and for sai d state, persona I I y appeared 21c61 -44-b ts-Fkk , known to me to be the MAYOR
and MARY E. WYNN, known to me to be the CITY CLERK, of the CITY OF TUSTIN, the
municipal corporation that executed the within instrument, and acknowledged to me
that said municipal corporation executed the within instrument pursuant to a
Resolution of the City Council of the CITY OF TUSTIN.
WITNESS my hand and official seal.
µ� _ �.
OFFICIAL SEAL
`..
VALERIE AEMAN -
NOTARY PUBLIC IC - -CALIF OR NIA Notary Public In and for said State
OW' -':GE COUNTY
Lly cor. m. cxp::.3 AUG 28, 1992
INDIVIDUAL ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 19 , before me, the undersigned, a Notary Public in
and for the State of California, personally appeared ,
known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that executed the same.
WITNESS my hand and official seal.
.Notary Public in and for said State
CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 19 , before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the an
known to me to be the of the corporation that
executed the within instrument ,.known to me to be the person who executed the within
instrument on behalf of the corporation therein named, and acknowledged to Ine thdt
such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and for said State
PART ERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF aA&f1C )
On �QCQCYI%ei-, J5 1
in and for said State, personal y a
known to me to be one of the partne
instrument, and acknowledged to mei
9`7LI\before mqqb� the undersigned, a Notary Public
ppeared C.WW m • Swo-u ,
rs of the partnersh p that executed the within
that such partnership executed the same.
11
PARTNERSHIP ACKNOWLEDGMENT; ACKNOWLEDGMENT OF CORPORATION ACTING
AS A PARTNER
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 19 , before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the and
known to me to be the
of the corporation that; e witnin instrument and known to me to be t e
persons who executed the'within instrument on behalf of the corporation, said
corporation being known to me to be one of the partners of
the partnership that executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC in and for said State
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF 0innp � ss.
On (�j,!CL-�jM°•bbz—, 6 1970, before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the General Par-tner-of f the limited
partnershi instrument, and acknowl dged to me that such
limited paltlejpfte exec.tb"*LlSEua_sam .
WITNE
LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS
STATE OF CALIFORNIA )
ss.
COUNTY OF )
Mal 4=9410=021914
On before me, the undersigned, a Notary Public in the
aforesaid State, personally appeared ,
known to me to be the and
known to me to be the of the corporation that
executed the within instrument, known to me to be the General Partner of
, a limited partnership, and acknowledged to me that said
corporation executed the within instrument, said persons known to me to be the
persons who executed the within instrument on behalf of the corporation therein
named, which in turn executed the within instrument on behalf of the limited
partnership therein named pursuant to the bylaws or resolution of the Board of
Directors of said corporation.
WITNESS my hand and official seal.
JOINT VENTURE ACKNOWLEDGMENT
STATE OF CALIFORNIA
Ss.
COUNTY OF
NOTARY PUBLIC in and for said State
On , 19 , before me, the undersigned, a Notary Public
// • MONUMENTATION
AGREEMENT
This agreement made and entered into this j t day of ayp_�
19q0, by and between
hereinafter referred to as "Subdivider" and thevCity of Tustin, a munic ipa
corporation, hereinafter referred to as "City".
WHEREAS, Subdivider has prepared and offered to City for,acceptance a final
map of Percel trap No. 90-104 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 90 dor{ on or before /�L � S 19�, in
accordance with the provisions of law, and furnishes a bond/cash in the sum of
Two Thousand Three Hundred and Twenty Dollars
CITY OF TUSTIN
AIA
MAYOR
SUBDIVIDER
Pe V I X /fus a Center QS'�
C� CO -11-o or j ieccL f'c rMersh i
By:
AP "`'
JAMES G. ROURKE
CITY ATTORNEY
orporat,T,6n ckn`tfwle
d�! M - b mci,l
EXHIBIT "B"
INDIVIDUAL ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ss.
On , 19 , before me, the undersigned, a Notary Public in
and forthe State er
of a ifornia, psonally appeared
known to me to be the person whose name is su s6 cribed tote within
instrument and acknowledged to me that executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 19 , before me, the undersigned, a Notary Public
in and for said State, persona y appeared
known to me to be the and
known to me to be the of the corporation that
executed the within instrument, known to me to e t e person who executed the within
instrument on behalf of the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board of Directors.
WITNF_SS my hand and official seal.
Notary Public in and for said State
PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA
1 ss.
COUNTY OF
On QUt;LMUA *5 19gQbefo e m the undersigned Notary Public
in and for sal tate, persona y appeared
known to me to be one of the partners of the partn rship t at executed t e witaiin
instrumely. acknowledned to me that such partnership executed the same.
c'Yt�- (1 ar x
Notary Public in an or sa N tate
PARTNERSHIP ACKNOWLEDGMENT; ACKNOWLEDGMENT OF CORPORATION
hQ n nnnrur
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On , 19_, before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the and
known to me to be the
of the corporation that executed the within instrument and known to -me to be the
persons who executed the within instrument on behalf of the corporation, said
corporation being known to me to be one of the partners of
PARTNERSHIP ACKNOWLEDGMENT; ACKNOWLEDGMENT OF CORPORATION ACTING
AS A PARTNER
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 19 , before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the an
known to me to be the
of the corporation tha exe u e e wi in ins rument and known to me to be the
persons who executed the within instrument on behalf of the corporation, said
corporation being known to me to be one of the partners of
the partnership that executed the same.
WITNESS my hand and official seal.
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA
NOTARY PUBLIC in and for said State
ss.
COUNTY OF �)
On 19gq before me, the undersigned, a Notary Public
in and for said State, personally appeared/_ 0'l • Sma-I I
known to me to be the General Partner of (�P�) X�ustin tfffu-n,i tt kf-" Simi ted
partners �*- fin instrument, and acknowledg to me that such
limited r� ,_ ip exe[rdr,t�e s ne.
Q44 . ������T'or said—State
LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS
GrNERAL PARTNERM PARTNERSHIP
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me, the undersigned, a Notary Public in the
aforesaid State, personally appeared
known to me to be the and
known to me to be the of the corporation that
executed the within instrument, known to me to be the General Partner of
, a limited partnership, and acknowledged to me that said
corporation executed the within instrument, said persons known to me to be the
persons who executed the within instrument on behalf of the corporation therein
named, which in turn executed the within instrument on behalf of the limited
partnership therein named pursuant to the bylaws or resolution of the Board of
Directors of said corporation.
WITNESS my hand and official seal.
NOTARY PUB IC in and for said State
JOINT VENTURE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On 19 before me, the undersigned, a Notary Public
in and for said State. oersnnal v ann-PA rad
POWER OF ATTORNEY OF N2 059795
IN MNITY COMPANY OF CALIFOR&
AND -DEVELOPERS INSURANCE COMPANY
P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 at day of December, 1990.
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 red Ink.
4. This Power of Attorney should not be returned to the Attorneys) -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
the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding $1,500,000 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 revoca-
tion; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, Insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney Is granted and is signed by facsimile under and by authorityof the following resolutions adopted by the respective Boards 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 corporation be, and that each of them hereby is. authorized to execute Powers of Attorney,
qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation 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 maybe affixed to any such Power of Attorney or to any certificate relating thereto byfacsimlle, and any such Power of Attor-
ney 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 severalty caused these presents to be signed by their respec-
fNe Presidents and attested by their respective Secretaries this 2nd day of January. 1990.
INDEMNITY COMPANY OF CALIFORNIA
By
Gerald A. Sauvageau, Pr idem
1xPAMy
`Oe eRPORd�f i
z BCT.s f
ATTEST w
,�j 1961 0
By—
Har C. Crowell, Secretary
STATE OF CALIFORNIA)
SS.
COUNTYOFORANGE )
DEVELOPERS INSURANCE COMPANY
By-�—
Gerald A. Sauvageau, President
9 \N SUq�
R� 400.FORR/4'p
ATTEST
By X�(
///JJJ ,1
// / //
Har C. Crowell, Secretary
On January 2, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Gerald A. Sauvageau and Harry C. Crowell, personally known to
me (or proved tome on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California
and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged t0 me that the corporations executed it.
WITNESS my hand and official seal.
Signature
/ Notary Public
CERTIFICATE
Q0OFFICIAL SEAL
VIRGINIA M. LOUMAN
NOTARY PUBLIC - CALIFORNIA
e� ' PRINCIPAL OFFICE IN
• `�./ a ORANGE COUNTY
My Commission Exp. Apr. 9, 1993
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and 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 o1 this Certificate.
This Certificate Is executed in the City of Anaheim, California, this 5th day of December 7990
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
y,P AMY \NSUR
00, �
��/4aRY0Rdf�� (/'JJ
i OCY (I. ` '
BY BY
L.C. Fiebiger W �' 1881 J a L.C. Flebiger
,/� y w
a
Senior Vice President Senior Vice President
10-310 REV. 12189
T
Tit' Office of the City Clerk
City Of Tustin
15222 Del Amo Avenue
Tustin, CA 92680
(714) 544-8890
FAX (714) 832-0825
July 10, 1991
Cody Small
DEV IX/Tustin Freeway Center Assoc.
3199 A-3 Airport Loop Drive
Costa Mesa, CA 92626
Dear Mr. Small:
Per City Council action on July 1, 1991, we are returning the
following bonds to you:
Faithful Performance
Labor & Materials
Monumentation
Sincerely,
Beverley Whit@
Deputy City Clerk
Encl
2047545 - $130,000
2047545 - $ 65,000
204756S - $ 2,320
\ 1
• • Parcel Map No, 90-104
Bond Amount g13o,000.00
Bond No, 2047545
Premium: $2,60T. -97 -
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Tusth'n,-State of CalifQ�'nia, and'
EV IX/TUSTIN FREEWAY _CENTER ASSOCIATES Vlr
(hereinafter designated as "principal") have entered into an agreement whe
principal agrees to install and complete certain designated public improvements,
which said agreement,dated 1VO, and identified as project
Parcel Map No. 90-104 ,,.
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
One Hundred Thirty Thousand 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 becrnn� 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 reasonahle attorney's fees incurred by City in successfully enforcing such
0
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
0
On December 5, 1990, before me, the undersigned, a Notary Public
in and for said State, personally appeared Cody M. Small , known to me
to be the General Partner of DEV IX/TUSTIN FREEWAY CENTER
ASSOCIATES, a California Limited Partnership the limited partnership
that executed the within instrument, and acknowledged to me that such
limited partnership executed the same.
WITNESS my hand and official seal.
2 �d �-
NOTARY PUBLIC in and for Said State
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.
STATE OF CALIFORNIA ;ss.
COUNTY OF Qran-ge
On December 5, 1990 _,before me, the undersigned, a Notary Public in and for
said State, personally appeared Cody M. Small__ -
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person($) whose names) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
WITNESS
myyhand and official
seal.
Signaturey"1K}� "�
'��
67F;CiAL SEAL
CH,?ISRP.,a M. ADAMS
Ncta-j .-ub3c-Callfcrnla
o ff` . o'J•' ORANGE COUNTY
My Commission E�k6f
June 3, 1994
(This area for official notarial seal)
! by the principal and
1990.
CER ASSOCIATES
('l�f /t1/ 1i w1l�.f'Lf�l i
-ive
no
STATE OF CALIFORNIA ORANGE 1ss.
COUNTY OF ORANGE 1
On DEC p 5, before me, the undersigned, a Notary Public in and for said State,
R :t
personally appeared DAVID L MILLE
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument as Attorney.
in -Fact on behalf of Developers insurance Company, the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Signature I"
DIC 304 (REV. 2185)
MY AIJURNeY
APPROVED AS TO CONTENT:
C TY NGINEER
JGR:sl
TCH:14
2/25/76
aura®
/.•:..-°:�„ OFFICIAL SEAL
,-4,Z, v RGINIA Mi LCIUMAN
IJOTAPY PORI. iC - CALIFORNIA
,y, 1 Pftl:^,Clpkt OFFICE IN
ORANGE COIiNTY
Ml4 Corterhsion Exp. Apr. 9, 1993
EEE .....oR
Phis area
-2-
Ll
0
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 performer
thereunder or the specifications accompanying the saine shall in anywise afrmct 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 ar
surety above named on the 5TH
(SEAL)
day of DECEMBER
By:
, 1990.
DEV IX/TUSTIN FREEWAY CENTER ASSOCIATES
Sri ncj,= Io#177 ( 7.5 L 7u—rtl. 774-7
3199 A-3 Airport Loop Drive
Costa Mesa, Ca 92626
dress
(SEAL) DEVELOPERS INSURANCE COMPANY
Surety
By:
David L. Mil er, Attorney -in -Fact
By:
APPROVED AS TO CONTENT:
C TY ENGINEER
JGR:s1
TCH:14
2/25/76
Anaheim. Ca 92801
Address
01
0 4`
ACKNOWLEDGEMENT OF PRINCIPAL:
STATE OF CALIFORNIA )
COUNTY OF G.1� ) SS.
ON DLt CLM bL& 5 t 99 O
before me, tb e undersigned, a Notary u is in and or
appeared Ck6tLly M
known to memo oe We
, 19
said tdte, personally
known to me to be the Secretary of.
the Corporation that executed the within instrument, known to me to be the persons
who executed the within instrument, on behalf of the Corporation herein named, and
acknowledged to me that such Corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
SEAL
OX :;T:NA ml. ADAMS
® Notc,y Public-CdMomlo
ORANGE COUNTY
My Cortmtvlon EVYane 3, 1994
ACKNOWLEDGMENT OF SURETY:
STATE OF CALIFORNIA )
SS.
COUNTY OF ). ..
Ono V"
CYC .W ag-
Notary Public in and for said State.
ON , 19
before me, the undersigned, a Notary Public in and for said State, personally
appeared
known to me to be the Attorney in Fact of
, Surety, and known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
on behalf of the said
WITNESS my hand and official seal.
Notary Public in and for said State.
-4-
•` Parce#Map No. 90-104
Bond Aount $65,000.00
Bond No. 2047545
Premium: incl in performance
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Tustin, State of California, and
DEV IX/TUSTIN FREEWAY CENTER ASSOCIATES
V
(hereinafter designated as "principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement datedS , 19 /`t), and identified as project
Parcel Map No. 90-104 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 Code of the State of
California.
NOW, THEREFORE, said principal and the undersigned as 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
and referred to in the aforesaid Civil Code in the sum of
Sixty Five Thousand 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 Code of Civil
Procedure, 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.
0
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
n
u
On December 5, 1990, before me, the undersigned, a Notary Public
in and for said State, personally appeared Cody M. Small , known to me
to be the General Partner of DEV IX/TUSTIN FREEWAY CENTER
ASSOCIATES, a California Limited Partnership the limited partnership
that executed the within instrument, and acknowledged to me that such
limited partnership executed the same.
WITNESS my hand and official seal. ' nal/}')
lv�- --- - 0—&'d1X -�*] , OFRCUUSFK NOTARY[PUBLIC in and for Said State
CHRISiWA M. gpgAAg
NotaryRubYaCdift is
ORANGE COUNTY
*�
s
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of "I'me,
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
STATE OF CALIFORNIA ^—
COUNTYOF Oran a 'ss.
On December 5, 1990
-----__-.before me, the undersigned, a Notary Public in and for ;NTER ASSOCIATES
said State, Personally appeared_COdy M,_Small____________
Personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
WITNESS my hand and official seal.
Signature—
CA
ignal ure_CA�µ M/ w L Q �
STATE OF CALIFORNIA ORANGE
COUNTY OF SAL ) SS.
On 100n /
personally appeared DAVID L. NItLEI
MA9ALADAW
alffornlatjjy6Wires94
(This area for official notarial seal ANY
M
before me. the undersigned, a Notary Public in and for said Slate.
personally known to me_ (or proved to me on the basis of samfac o,y
evidence) to be hi person who executed the within instrument as Attorney.
in -Fact on behalf of Developers Insurance Company, the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
I Signature
1 K
DIC 304 (REV. 2/85)
APPROVED AS TU CUN tN):
CI NGINE:R (,y6 7LIV4
JGR:s1
TCH:14
2%25/76
OFFICIAL SEAL
V'FtCIN'iA fl;. LWMAN
NOTa4y plM IC - CALIFChNIA
`RINCIFat C7F,CE IN
OFeJ1Z;E r0�PI 1'
C'y Camrus^u.^. x0. An;. 9. ;493
Seal
• 0.
Should the condition of this bond be fully performed, then this obligation shal
become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension a` .ine,
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 is
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 5th day of December 1990.
PRINCIPAL:DEV IX/TUSTIN FREEWAY CENTER ASSOCIATES
(SEAL) By:
—_ By:
3199 A-3 Airport Loop Dr
Costa Mesa, Ca 92626
Address
SURETY: DEVELOPERS INSURANCE -COMPANY
r
(SEAL) By:
David L. Miller, Attorney -in -Fact
3z
333 Wilshire Ave
Anaheim, Ca 92801
ress
APPROVED AS TO CONTENT.: .
W ze4z�
C-1-T'Y _2�NG1NR (4G div
*
JGR:sl
TCH:14
2%25/76
INDIVIDUAL ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF J
On , 19 , before me, the undersigned, a Notary Public in
and for the State of a ifornia, personally appeared
, known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that executed the same.
WITNESS my hand and official seal.
Notary Public
CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On '19 , before me, the undersigned, a Notary Publ'ic
in and for said State, personally appeared
known to me to be the- _ and
known to me to be the persons who executed the
within instrument on behalf of the corporation therein named, and acknowledged to Ine
that such corporation executed the within instrument pursuant to its by-laws or a
resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public
PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF !�� )
On � :fit L Jl' 199Q befor me, the undersigned, a Notary Public
in and for said tate, personally appeared _y M rjYYYL�_,
known to me to be one of the partners of the partne ship that executed the within
instrument, and acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
k I. *:.ALL 111.
CrF1^IAL SEAL
CHRISTINA M. ADAMS
® Notory Public-Cdttomta
ORANGE COUNTY
My COmrNmon 9>galres - 3 -
June 3.1994
0)
ACKNOWLEDGEMENT OF PRINCIPAL:
STATE OF CALIFORNIA )
COUNTY OF �I(- nc � SS.
ON /WC Qy
before me, the undersigned, a No
appeared '__f -0d4 L
known to me LO - De e
, known tome
ry Pub Iic
•)
/99c) A
and fort e said State, personally
ary
the Lorporation that executed the within ins%rument, known to ind to be the/jpersons
who executed the within instrument, on behalf of the Corporation herein named, and
acknowledged to me that such Corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors. (JCtiP�
WITNESS my hand and official seal.
Vofory Pubpc.0 ,�� III I ,%'�/�
MYCpry l_ I l� � 1 (iIU J—I 11 I
AM3,19pt Nc ary Public in and for said State.
ACKNOWLEDGMENT OF SURETY:
STATE OF CALIFORNIA )
SS.
COUNTY OF )
ON Ig
before me, the undersigned, a Notary Public in and for said State, personally
appeared
known to me to be the Attorney in Fact of
, Surety, and known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
on behalf of the said
I4ITNESS my hand and official seal.
Notary Public in and for said State.
-4-
Parcel Map No, 90-104
Bond Amount $2,320.00
Bond No. 2047565
Premium: $50.00
CITY OF TUSTIN
MONUMENTATION BOND
KNOWN ALL_.MEN BY THESE PpR T NTS: That DEV Ix/TUSTIN FREEWAY CENTER
zb
ASSOCIATES hl a
Q CC G� 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 $2,320.00 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 streets and
easements to public use, and has filed with the City a final subdivision map for such
Parcel Map
tract of land designated as No. 90-104 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 Sections 11592 of the Business
and Professions Code of the State of California; and
i
WHEREAS, Principal, by that Monumentation Agreement, dated S ,
1990, 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 v CJs J 19L; and
WHEREAS, the construction and installation of such monuments shall be at
the sole cost and expense of Principal; and
NOW THEREFORE, if Prircipal 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.
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On December 5, 1990, before me, the undersigned, a Notary Public
in and for said State, personally appeared Cody M. Small known to me
to be the General Partner of DEV IX/TUSTIN FREEWAYitCENTER
ASSOCIATES a California Limited Partnership the limd partnership
that executed the within instrument, and acknowledged to me that such
limited partnership executed the same.
WITNESS my hand and official seal. n /
n A( _ //
CORPORATION
SS
UTEOFCALIFORNIA `^'` A GE1SS.
NTY OF 1
On 5 tnon
SURETY: DEVECWERS INSURANCE COMPANY
ECO
.. , before me, the undersigned, a Notary Public in and for said Slate,
personally appeared DAVID L MILLER
personally known to me (or proved to me on the basis of satisfactory
`, evidence) to be the person who executed the within instrument as Attorney-
s in -Fact on behalf of Developers Insurance Company, the corporation therein
named, and acknowledged to me that the corporation executed it.
v
WITNESS my hand and official seal.
Signature
DIC 304 (REV. 2/85)
au.emew�
OPFICI? SEAL
f1nor
VIFIC111114 (ti ((]1�I�1'�.^1It
PUFJ IC C IiONidt
e
j.FAL OFFIfI- IN
Pk[LF-
Ary Canms<sn csp. Apr. 9, 1793
,.:a.es.1n+ar
77211 are- for Official Notarial seat
-3-
L
SURETY: DEVE ERS INSSUURANCE COMPANY
By
Attorney In Fact
David L. Miller
(SEAL) Address of Surety:
Anaheim, Ca 92801
APPROVED AS TO CONTENT:
�Ci t Eng eer t Engi eer
—.. —3_
ACKNOWLEDGEMENT OF PRINCIPAL:
STATE OF CALIFORNIA )
) SS.
COUNTY OF CA/— )
ON UY .t 44nobeo
before me, the undersigned, a
appeared
known to me o e e
i'
6. C1 ! V 19
ary PLIblic in and for t e said Stdr.e, persona y
, known to me to be the
Secretary of.
the Corporation that executed the within instrument, known to me to be the persons
who executed the within instrument, on behalf of the Corporation herein named, and
acknowledged to me that such Corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
"L SEAL
M.ADANA
�<,.,.. . �iic•ColBomh
® ORANGE COUNTY
My Comm don Exphes
June 3. 1994
ACKNOWLEDGMENT OF SURETY:
STATE OF CALIFORNIA )
SS.
COUNTY OF ). .
�d1�L�.�'1� � ► l • ll�l�t,my�
Notalry Public in and for said State.
ON 19
before ine, the undersigned, a Notary Public in and for said State, personally
appeared
known to me to be the Attorney in Fact of
, Surety, and known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
on behalf of the said
WITNESS my hand and official seal.
Notary Public in and for said State.
M