HomeMy WebLinkAboutCC 7 P.M. 88-179 03-18-91DATE:
TO:
FROM:
J
MARCH 11, 1991
WILLIAM A. HUSTON, CITY MANAGER
CONSENT CALENDAR NO. 7
3-18-91
Inter - Com
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEMENTS - PARCEL MAP NO. 88-179
RECOMMENDATION:
That the Tustin City Council, at their meeting of March 18, 1991,
accept all public improvements related to Parcel Map No. 88-179 and
authorize the release of the following bonds:
Faithful Performance No. 965948S ................ $30,000.00
Labor and Material No. 965948S .................. $15,000.00
Monumentation No. 965949S ....................... $ 11000.00
BACKGROUND:
Parcel Map 88-179 is bounded by Seventeenth Street and Vandenberg
Land and is generally located between Enderle Center Drive and
Prospect Avenue.
As a condition of approval of the Parcel Map, the developer was
required to construct certain public improvements consisting of
curb and gutter, sidewalk, street paving street lights and utility
connections. Additionally, as part of this process the developer
was required to post surety bonds to guarantee that the work would
be completed. These bonds are summarized as follows:
Faithful Performance No. 965948S ................ $30,000.00
Labor and Material No. 965948S .................. $15,000.00
Monumentation No. 965949S ....................... $ 11000.00
Subdivision Warranty No. 965948S ................ $ 3,000.00
DISCUSSION:
All public improvements have been completed to the satisfaction of
the Public Works Department/Engineering Division, and all
monumentation has been placed per the requirements delineated on
the Parcel Map.
Staff recommends that the City Council accept all the public
improvements related to Parcel Map No. 88-179 and authorize the
release of the Faithful Performance, Labor and Material and
Monumentation bonds related to said Parcel Map.
The Subdivision Warrant Bond No. 965948S in the amount of $3, 000.00
must remain in effect for a period of one year after the City
Council accepts the public improvements.
Bob Ledendecker Je y Otteson
Director of Public Works/ Associate Civil Engineer
City Engineer
BL:JO:ccg:jo88-179
0
City of Tustin
March 29, 1991
James E. Collings
Colco Ltd.
1520 Brookhollow, Suite 35
Santa Ana, CA 92705
Dear Mr. Collings:
Office of the City Clerk
Per City Council action on March 18, 1991, we are returning the
following bond(s) to you:
Faithful Performance -
Labor and Materials -
Monumentation -
sincerely,
&""f -),la" � t —'
Beverley Whi
Deputy City Clerk
Encl
VW/brl
9659485 -
$30,000.00
965948S -
$15,000.00
9659595 _
$ 1,000.00
300 Centennial Way • Tustin, California 92680 • (714) 544-8890
.. ,o,`Y • •
�.n
Sa City of Tustin
March 19, 1991
James E. Collings
Colon Ltd.
17320 Red Hill Avenue, Suite 190
Irvine, CA 92714 V'
Dear Mr. Collings:
Office of the City Clerk
1
Per City Council action on March 18, 1991, we are returning the
following bond(s) to you:
Faithful Performance -
Labor and Materials -
Monumentation -
Sincerely, l
Beverley WAe
Deputy City Clerk
Encl
VW/brl
9659485 - $30,000.00
9659485 - $15,000.00
9659595 $ 1,000.00
300 Centennial Way • Tustin, California 92680 • (714) 544-8890
0
EXECUTED IN TRIPLICATt�
FAITHFUL PERFORMANCE BOND
Parcel Map No. 88-179
Bond Amount $30,000.00
Bond No. 9659485
Premium $600.00
WHEREAS, the City Council of the City of Tustin, State of California, and
LTD. -PROSPECT a Limited Partnership
(hereinafter designated as "principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement dated — A�— , 195; and identified as project
PARCEL MAP NO. 88-179
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 INDEMNITY COMPANY OF CALIFORNIA
, as surety, are held and firmly
bound unto the City of Tustin (hereinafter called "City"), in the penal sum of
Thirty thousand dollars ($30,000.00)
lawful money of the United States, for the payment of which sum well and truly to me
made, we bind ourselves, our heirs, successors, i executors and administrators, jointly
and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal,
his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as
therein provided, on his or their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees incurred by City in successfully enfnrrinn �ti
The surety hereb
alter y stipulates and'
ation or addition to agrees
that
thereunderor the terms Of -the
the specifications
obligations on this bond,
extension of time
•
no change,
agreement
accompanying the
extension of time,
or to the work
and same shall to be performed
It does here Y waive In anywise
alter notice o{ affect its
vork ation or additi any such
or to the specifi change
cations, °q to the terms o{ the
In witness whereof agreement or.
this instrumentt0 the
rrety above named
on the 1`h day of has been duly Jul executed by the Principal and
(SEAL)- 1988
(SEAL.)
..unr,1 p,,•,.,
11o73d7e3Redhill Av eIIeral Partner
v Irvine enUe Suite 1g0
dress California 92714
uretynity Company of
California
BY:
{a
TO CONTENT:
GMENT OF SURETY:
'ALIFORNIA
ORANGE SS.
Colco Ltd
Principal r os p e c t
By:.
By/:ames E. Coll'
Ings, 4?a
K' Nichols
Jr., Atto
P 0. Box 3 may in
334Fact
Adress m, California
92803
V
he unders'
gHe � a Notary pub JUL y 1 8
K• NICHOLS JR In an
=b=the Attorney in Fa ,•+
r said to+
ip
0
Al
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 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
the partnership that executed the same.
WITNESS my hand and official seal.
LIMITED PARTNERSHIP ACKNOWLEDGMENT
NOTARY PUBLIC in and for said tate
,� . OFFICIAL SEAL
STATE OF CALIFORNIA ) D.%NN MARIE BEEBE
NOTARY PUBLIC - CALIFORNIA
COLWry
COUNTY OF ORANGE ) ss. •aa- "� �"EOFFICE "'
„,__m, tlT Gammi.:;ien Exp. Sept 16, I988
On Jul 18
19 be ore
me, a un 1111 ersigne ,
a
otary Public
in and for said State, persona
ar
y appeared James E. Collings
known to me to be the General
Partner of Colco
Ltd. -Prospect
,
the limited
partnership that executed the
limited partnership executed
within instrument,
the same.
knowledged to
\
me thaLlsuch
/
WITNESS my hand and official seal.
and torlsaid State
MITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS
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.
JOINT VENTURE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On
NOTARY PUBLIC in and for said State
POWER OF ATTORNEY OF M 026465
MNITY COMPANY OF CALIF IA
�
/EVELOPERSINSURANCE( IVANY
P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471
NOTICE: 1. All power and authority herein granted shall In any event terminale on the 31st day of December, 1988. -
"it' '.' ` 2, This Power of Attorney Is Vold If altered or If any portion Is erased. - -
-r �-... 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.
` l 4. This Power of Attorney should not be returned to the Afforney(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***H.K.NICHOLS, JR., MARLENE A. BAKER, LEONARD W. MILLER, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of sold 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 Attorneys) -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 Attorneys) -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 ball 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 INDEM14ITY 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 attorney(s) 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 by facsimile, and any such Powerof Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so afflxed and in the future with respect to any bond, undertaking or contract of
suretyship to which it Is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed bytheir respec-
tive Presidents and allested by their respective Secretaries this 20th day of October, 1986.
INDEMNITY COMPANY OF CALIFORNIA
By
Jerome J.w eney, President
ATTEST /fin
By—
Harry 8. Crowell, Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY^^ `—
By
,,P AMY Jerome J el3ney, President
5\NaUR�
{etepPOR4jf n o P4aRFO RRteo
ATTEST i +kIB1B1•� i
w 1967 O �� D
w n
Nn�(Ir00.+\�? --t•i�/ ° �[/ro PP�i•�
By
Harry . Crowell, Secretary
On December 15, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Harry C. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to bathe persons who executed the within Instrument as President end Secretaryon behalf of Indemnity Company of California and as
President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed k.
WITNESS my hand and official seal.
Signature
[ Notary Public
CERTIFICATE
OFFICIAL SEAL
j VIRGINIA M. LOUMAN
»'j►'Y�'✓) NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My Commission Expires Mar. 13, 1989
The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of
Directors of said corporations set forth In the Power of Attorney, are In force as of the date of this Certificate.
This Certificate Is executed in the City of Anaheim, California, this 18 day of July _ 198 B.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY \NaUq
BY C,Y"%'/ t, I[ y ` eOCT 4 = BY
Thomas H. Tyre[44r., '° n 1881 ao Thomas H. Ty4l, Jr., J IB1B ;
Executive Vice President'1i �[/roP+\ j? Executive Vice President
ID 310 REV. 12/87
EXECUTED IN TRIPLICATE
Pa, eap No. 88-179
Bona Aount 815.000.00
Bond No. 9659485
Premium incl. in Performance Bond
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Tustin, State of California, and
COLCO ••0 m :
(hereinafter designated as "principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement dated
419�d ; and identified as project
Parcel Map 88-179 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 Fifteen thousand dollars
($15,000.00) 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.
T+ _____- . .
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 time,
a+Iteration or addition to the terms of said agreement or the specifications
accompanying the same shall in any manner affect its obligations on this bond, and it
does hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and
surety above named on the 18th day of July 19 Bg
PRINCIPAL:Colco Ltd.-Prosoa t yflrit d N
1 nershi
(SEAL)
APPROgl�,;.:
G.
APPROVED AS TO CONTENT:
ACKNOWLEDGMENT OF SURETY:
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS.
By:
ames E. Collings,
Partner
17320 Redhill Avenue, Suite 190
1T�1-Lna- I'alifnrni 971/
Address
SURETY•Indemn;t
y Cmm�any �F r^�ao--ni
By:
By: 11. K. chols, Jr., Attorney in Fact
P. 0. Box 3343
Anaheim, California 92803
ress
ON JULY 18 19 88 ,
before me, the undate, personally
ersigne a Notary Pub is in and for said t
appeared H. K. NICHOLS, JR.
known to me to be the Attorney in Fact of INDEMNITY COMPANv nc rAI TCnMnlT
i
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 that executea tne 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
the partnership that executed the same.
WITNESS my hand and official seal.
ED PARTNERSHIP ACKNOWLEDGMI
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
NOTARY PUBLIC in and for said State
OFFICIALEEAL
DA"iYN MARIE BEEBE
.
NOTA,YPUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commisien Exp. Sept 16, 198E
On Jul 16 ; 19 BQ before me, the undersigned, a Notary Public
in and for said State, persona ly appeared James E. Collings ,
known to me to be the General Partner of Colco Ltd. -Prospect the limited
partnership that executed the within instrument, an ac owledged to Ine that such
limited partnership executed the same.
WITNESS my hand and official seal.
orlsaid State
IMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING
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 PUBLIC in and for said State
.,JOINT VENTURE ACKNOWLEDGMENT
,STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 19_, before me, the undersigned, a Notary Public
0
EXECUTED IN TRIPLICATE Parcel.Map No. 88-179
Bond No. 965949S
Amount 1,000.00
Premium $50.00
CITY OF TUSTIN
MONUMENTATION BOND
KNOWN ALL MEN BY THESE PRESENTS: That COLCO LTD. -PROSPECT a Limited
Partnership as, and hereinafter referred to, collectively, as
"Principal", and INDEMNITY COMPANY OF CALIFORNIA
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 $1,000.00 , 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
tract of land designated as Parcel Map No.88-179 forapproval 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
WHEREAS, Principal, by that Monumentation Agreement, dated
19 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 /JP— 19L; 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.
(SEAL)
PRJj IPAL: Colco Ltd^- �ct, a Limiter
I\ Partnership
es E. Collings;
Partner
ress of Principal:
17320 Redhill Avenue, Suite 190
-2-
SURETY: Ll.—emnity Company of California
By
tt neyn Fact
"l y' H. K. Nichols, Jr.
(SEAL) Address of Surety:
P. 0. Box 3343
Anaheim, California 92803
APPROVED T .FORM:
lty Attorney
APPROVED AS
TO CONTENT:
City Engineer
ACKNOWLEDGMENT OF SURETY:
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS.
ON JULY 18 19 88
before me, the undersigned a Notary Public in and for said tate, personally
appeared H. K. NICHOLS, JR.
known to me to be the Attorney in Fact of INDEMNITY COMPANY OF CALIFORNIA
, Surety, and known to me to bete person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
on behalf of the said SUR M COMPANY
WITNESS my hand and oTT'Icial seat.
- - OFFICIAL SEAL
D%;NN MAAR;E BEEBE
NOTARY PUOUC - CALIFORNIA
FRLNCWAL OFFICE M
ORANGE COUNTY
My Canmk:m UP. SePt 16. 1988
ary Public�,i'n and f%or said State.
0
0
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 that executea the within instrument and known to me to be Me
—
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•ACKNOWLEDGI
NOTARY PUBLIC in and for said tate
OFFICIAL SEAL
STATE OF CALIFORNIA ) DA'NN MARIE BEEBE
NOTARY PUBLIC - CALIFORNIA
COUNTY OFORANGE
) ss. `� PRINCIPAL OFFICE IN
O R A N G E ) ORANGE COUNTY
MY Commi=ion EXP. Sept 16, 1968
On Jul 18 , 19 Btu before me, the undersigned, a Notary Public
in and for said State, persona ly appeared James E. Collings ,
known to me to be the General Partner of Colco Ltd. -Prospect the limited
partnership that executed the within instrument, an ac nowledged to me that�uch
limited partnership executed the same. 1
WITNESS my hand and official seal.
INUIARY PUBLIC In and for salt t—ate
LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS
GENERAL R NE OF LIMITED PARTNERNIF
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 PUBLICin and for said State
JOINT VENTURE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF 1
On 19 before me
POWER OF ATTORNEY OF N° 026466
EMNITY COMPANY OF CALI IA
AWEVELOPERSINSURANCE 4NY
\ O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999-1471
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of December, 1988.
2. This Power of Attorney Is void II 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
***H.K.NICHOLS, JR., MARLENE A. BAKER, LEONARD W. MILLER, JOINTLY OR SEVERALLY***
the true and lawful Attorney(,) -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 $7,500,000 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 saitl corporations full power of substitution and revoca-
tion; and all of the acts of said Attorneyls)-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 ball bonds.
This Powerof Attorney Isgranted and Issigned byfacsimile under and byaulhorityof thefollowing resolutions adopted bythe respective Boardsof Directorsof 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 attorneyls) 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 may be affixed to any such Powerof Attorney or to any certificate relating thereto by facsimile, and any such Powerof 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 contractor
suretyship to which It Is attached.
IN W ITNESS W HEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 20th day of October, 1986.
INDEMNITY COMPANY OF CALIFORNIA
By'
) Jerome J. Owpeney, President
ATTEST
Harry . Crowell, Secretary
STATE OF CALIFORNIA)
SS.
COUNTYOFORANGE )
DEVELOPERS INSURANCE COMPANY
By
Jerome J.t9l ney, President
pP AM Y l-/ \N S llq
♦o 4aPP eR4� c �P`'oPFOR4d'rp
z OCT.0. w ATTEST w kAR. 21 p
d o lee/ a � n 1879 v
By T'jny
Harry C. Crowell, Secretary
On December 15, 1987, before me, the undersigned, a Notary Public In and for said State, personally appeared Jerome J. Sweeney and HarryC. Crowell, personally known to me (or
proved to me 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 to me that the corporations executed it.
WITNESS my hand and official seal.
Signature
/ Notary Public
CERTIFICATE
.' . OFFICIAL SEAL
VIRGINIA M. LOUMAN
R` NOTARY PUBLIC -CALIFORNIA
4" ORANGE COUNTY
' My Commission Expires Mar. 13, 1989
The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify thatthe foregoing and attached Powerof Attorney remains Intuit force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of
Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate.
This Certificate Is executed in the City of Anaheim, California, this 18 day of J U I y 196 8
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
o,,P LNY° 9\N6bR,
` e4aPr OR/rbc+ Q � 4.P�00.POR4�'kc^
rfj y o w Y ✓� [ w +MAR. 27, �� p
By � t��� : ocr.a B
Thomas H. Tyrell r., d n 1961 do Thomas H. T II, Jr., leis n
Executive Vice President si'[/voa+���? Executive Vice President ° TrOa+�YrP
10 310 REV. 12/87
c:A--(] Ci4-rks C&fy
SUBDIVISION AGREEMEN�
THIS AGREEMENT made this /J' day of 1988, by and between
the CITY OF TUSTIN, CALIFORNIA, a municipal corporation, herein called "CITY" and
COLCO LTD. -PROSPECT, a Limited Pbrtnership , herein called "Subdivider"
WITNESSETH
That in consideration of the City's approving the Final Map of Parcel Map 88-179
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:
Y CLERK
I
CITY OF TUSTIN
By:
MAYOR
SUBDIVIDER
By: Colco Ltd. -Prospect, a Limi
Palktnership
ames E. C-ollings,
General
Partne
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE )
On this 4 day of.�' 1988, before me the undersigned,
a Notary Public in and for the C:9unty of Orange, State of California, personally
appeared RONALD B. HOESTEREY, personally known to me to be the MAYOR of the CITY
OF TUSTIN, and MARY E. WYNN, personally known to me to be CITY CLERK of the CITY
OF TUSTIN, the municipal corporation that executed the within instrument, and
acknowledged to me that said municipal corporation executed within instrument
pursuant to a Resolution of the City Council of the CITY OF TUSTIN.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
L�r.C.clic- /LL 1
anet M. Hester
Notary Public in and for
said County and State
�,. OFFICIAL SEAL
JANET M HESTER
r;�n< NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires DEC 13, 1988
s
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On July 25, 1988, before me, the undersigned, a Notary Public in and for
said State, personally appeared James E. Collings, known to me to be
the General Partner of Colco Ltd. -Prospect the limited partnership that
executed the within instrument, and acknowledged to me that such limited
partnership executed the same.
T WITNESS my hand and official seal.
'NOTARY PUBLIC in and for said state
OFFICIAL SEAL
8ILDA CRISTINA VOLUNTAD
a- m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires AUG 4, 19R9I
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
ACKNOWLEDGMENT B Y
On , 19 , before me the undersigned, a Notary Public in
and for said tate, personally appeared RICHARD B. EDGAR, 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.
Notary Public in and for said State
INDIVIDUAL ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 19 , before me, the undersigned, a Notary Public in
and for 7he State of Ca ifornia, personally appeared
known to me to be the person whose name is subscribed tote within instrument and
acknowledged to me that executed the same.
WITNESS my hand and official seal.
Notary Public in an 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, personal y appeared
known to me to be the an '
known to me to be the of the corporation t at
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 me that
such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board of Directors.
WITNESS my hand and official seal.
otary Public in and for said State
PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF) ss.
Oran9p
OnJulX 18 19 80 before me, a undersigned, a Notary Public
in and for said State, persona appeared J 3 s E. Collings
known to me to be one of the part s of t partnership that executed the within
instrument, and acknowledged to me t uch parn.,rshiexecuted the same.
WITNESS my hand and nffiri gaal
Parcel Map No. 88-179
•All&ond Amount T3,000.00
nd No. 9659485
xpiration date
Premium: NIL
CITY OF TUSTIN
SUBDIVISION WARRANTY BOND
WHEREAS, The City Council of the City of Tustin, State of California, and
(hereinafter designated as "principal") have entered into an agreement whereby
principal agrees to install and co Tete certain designated public improvements,
which said agreement dated 195 , and identified as
project PARCEL P N0. 88-179
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 INDEMNITY COMPANY OF CALIFORNIA
as surety, are held and firmly bound unto Tustin in the penal sum of
Three thousand dollars ($3,000.00)
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal,
his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement regarding the guarantee and warranty
of said improvements as aforementioned and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Tustin, its officers,
agents and employees, as therein stipulated, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
ACKNOWLEDGMENT OF SURETY:
g. STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
ON JULY 18 1988
beforelne, the undersigned, a Notary Public in and for said State, personally
appeared H. K. NICHOLS, JR. ,
known to me to be the Attorney in Fact of INDEMNITY COMPANY OF CALIFORNIA
, Surety, and known to me to bete person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
on behalf of the said SUR M COMPANY
WITNESS my hand and official seal.
_ OFFICIAL SEAL
DA'iVld MARIE BEEBE
NOTA{Y PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANW COUIM /10�� /
Mr CMIRI M EXP. Sept 16, 1988 Notary Public in and or 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 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 18 day of July , 19 88
PRINCIPAL:Colco Ltd. -Prospect, a Limited Partner
ship
(SEAL)By C
ames E. Collings, Fla V#irc=g
By- General Pa ner
Address of Principal:
17320 Redhill Avenue, Suite 190
Irvine, California 92714
SURETY: Indemnity Company of California
(SEAL) By:
H. K. 'Nichon, Jr.Attorney in Fact
Address of Surety:
P. 0. Box 3343
Anaheim, California 92803
APPROVED AS TO FORM:
CITY OF TUSTIN
By:
ATTORNEY
APPROVED AS TO CONTENT:
By:
CITY EN INEER
TS. 12
SN:sl
4/13/76
P ACKNOWLEDGMENT: ACKNOWLE
STATE OF CALIFORNIA )
ss.
COUNTY OF )
•
)GMENT OF CORPORATION ACTING
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 tne within instrument and known to me to be Me
—
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
NOTARY PUBLIC in and for said tate
STATE OF CALIFORNIA ) DA'NN MARIE BEEBE
$ $ . ...�' NOTARY PUBLIC - CALIFORNIA
COUNTY OF ORANGE y^ PRINCIPAL OFFICE IN
ORANGE COUNTY
OF Canmitson Exp. Sept. 16, 1968
OnJul 18 rsigned, a Notary Public
in and for said State, persona ly appeared James E. Collings
known to me to be the General Partner of Co1co Ltd. -Prospect the iimited
partnership that executed the within instrument, nowledged to Ine/that such
limited partnership executed the same.
WITNESS my hand and official seal.
LIMITED PART
STATE OF CALIFORNIA
COUNTY OF
NOWLEDGMENT OF
ss.
PORATION ACTING AS
n anal r.or s
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 PUBLICin and for said State
JOINT VENTURE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 19 before me, the undersigned, a Notary Public
in and for said State. oersonallv annaarprl _ ._
• MONUMENTATION •
AGREEMENT
This agreement made and entered into this /rP day of ,
192', by and between COLCO LTD. -PROSPECT, a Limited Partnership
hereinafter referred to as "Subdivider" and the City of Tustin, a municipal
corporation, hereinafter referred to as "City".
WHEREAS, Subdivider has prepared and offered to City for acceptance a final
map of Parcel Map No. 88-179 ; 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 /w�uiilugr)gon or before /� 19 in
accordance with fhe provisions of law, and furnishes a bond/cash in the sum of
One thousand dollars ($1000.00)
CITY OFF TUS(TJIINN
By� L,4
MAYOR
SUBDIVIDER Colco Ltd. -Prospect, a Limited
nership
By:
orporation Acknowledge nt
James E. Collings,�e
General Partner
EXHIBIT "B"
r
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On July 25, 1988, before me, the undersigned, a Notary Public in and for
said State, personally appeared James E. Collings, known to me to be
the General Partner of Colco Ltd. -Prospect the limited partnership that
executed the within instrument, and acknowledged to me that such limited
partnership executed the same.
r`!�J ,lfV lvl I,VJ`
WITNESS my hand and official seal.
NOTARY PUBLIC in and for said state
,;,°,..... OFFIC7A'- SEAL
HILDA CPN INA VOLUNiAD
m NOTARY PUBLIC - CA.i ff
OR NIq
ORANGE CCUNTY
MY comm. expires A
INA :lily Elf illl0l9F:114R�11l"A9Dili 4ul9111
STATE OF CALIFORNIA
COUNTY OF ORANGE )
On this / � day of1988, before me the undersigned, a Notary
P,Iblic in and for the County4ofralneZge, State of California, personally appeared
RONALD B. HOESTEREY, personally known to me to be the MAYOR of the CITY OF TUSTIN,
the municipal corporation that executed the within instrument, and acknowl dged to
me that said municipal corporation executed within instrument pursuant to a
Resolution of the City Council of the CITY OF TUSTIN.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
J:�� 16(,
Janet M. Hester
Notary Public in and for
said County and State
OFFICIAL SEAL
JANET M HEST ER
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. '.pins DEC 13, 1985
• ACKNOWLEDGMENT BY CIO
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On , 19 , before me the undersigned, a Notary Public in
and for said tate, personally appeared RICHARD B. EDGAR, 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.
Notary Public in and for said State
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 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 saidtate, personally appeared
known to me to be the an
known to me to be the of Me 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 me that
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
PARTNERSHIP ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF Orange )
On J 1 18 19 BQ beZpartner,&J�hat
undersigned, a Notary Public
in and for said State, persona appearedollings
known to me to be one of the part s of executed the within
instrument, and acknowledged to me t such part n ship a ecuted the same. /�