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HomeMy WebLinkAboutCC 7 FINAL P.M. 90-104 01-21-91eoo- -)ATE: JANUARY 21, 1991 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: FINAL PARCEL MAP 90-104 RECOMMENDATION CONSENT CALENDAR NO. 7 1-21-91 Inter - Com It is recommended that the City Council adopt Resolution No. 91-7, as submitted or revised approving Final Parcel Map 90-104. BACKGROUND On July 9, 1990, the Planning Commission adopted Resolution No. 2795 recommending to the City Council approval of Tentative Parcel Map 90-104, a request to consolidate 5 parcels into 3 to accommodate a 45,376 square foot retail/restaurant center. The City Council approved Tentative Parcel Map 90-104 on September 41 1990 by adopting Resolution No. 90-79. This approval included numerous conditions to be met prior to approval of the Final Map, which the applicant has complied with. The Final Map is now ready for recordation with the Orange County Recorder's office. Prior to recordation, the Final Map must be reviewed and approved by the Planning Commission and the City Council. The Planning Commission reviewed Final Parcel Map 90-104 on January 14, 1991 and recommended approval. The subject site is bounded by the I-5 freeway on the north, Newport Avenue on the east, "B" Street on the west and existing residential development to the south. CONCLUSION The resolution approving the Tentative Parcel Map for this project included numerous conditions which were required to be satisfied prior to recordation. All required conditions and revisions have been met. Staff has determined that the Final Map is in conformance with the Tentative Map approval, the City Subdivision Code and the State Subdivision Map Act. Based upon this conformance, it is City Council Report Final Parcel Mapa 90-104 January 21, 1991 Page 2 recommended that the City Council adopt Resolution No. 91 -approving Final Parcel Map 90-104. 9-ZA Beth Schoemann Christine A. Shingl n Associate Planner Director of Community Development BBS:CAS:kbc\fm90-104.bbs Attachments: Resolution No. 91-7 Community Development Department 1 V 3 4 5 G 8 9 1 Cl' 11 i, 12i 13 14 15' 16 17' 18 19 20'. 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 90-104. The City Council does hereby resolve: I. The City Council finds and determines as follows: A. That Final Parcel Map 90-104 has been submitted by CMS Development to consolidate 5 parcels into 3 for a retail/ restaurant center. B. That a public hearing was held by the Planning Commission on July 9, 1990. At this hearing the Planning Commission recommended approval of Tentative Parcel Map 90-104 to the City Council. Subsequently, the City Council approved Tentative Parcel Map 90-104 on September 4, 1990. C. That following tentative map approval, the applicant filed Final Parcel Map 90-104 that conforms with the approved tentative parcel map, as permitted by the Subdivision Map Act. Certain modifications to conditions imposed were approved. D. This project is Categorically Exempt, Class 15 from the requirements of the California Environmental Quality Act for the subject project area. E. That the proposed subdivision is in conformance with the Tustin Area General Plan, and Subdivision Map Act. F. That the site is physically suitable for the type of development proposed. G. That the site is physically suitable for the proposed density of development. H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. I. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public -at - large, for access through or use of the property within the proposed subdivision. 1 3 4 5 6 7 8 9 10� 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-7 Page 2 J. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. K. That the Final Map is in substantial conformance with the Tentative Map. II. The City Council hereby approves Final Parcel Map 90-104 subject to Final Approval of City Engineer. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of January, 1991. RICHARD EDGAR Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF.ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. MARY E. WYNN, City Clerk and ex -of f icio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is ; that the above and foregoing Resolution No. was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the day of , 1990, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk G/!y Ge- &rY2/L SUBDIVISION AGREEMENT THIS AGREEMENT made this J day of, , 1990, by and between the CITY OF TUSTIN, CALIFORNIA, a municipal corporation, herein called "CITY" and i -Ford en I Col. it W I T N E S S E T H herein called "Subdivider". That in consideration of the City's approving the Final Map of Parcel Man No.90-104 the Subdivider hereby agrees to comply with all requirements of Chapter 16 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 far 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: 'C' _ Ij --- C�4 Y CLERK CITY OF TUSTIN By: 44,a MAYOR SUBDIVIDER ssacx Tplev!X/ �Ws}n !ge tei� Gcnitr- A- Cct m i -kal. Pa,r+n tr-5�h.i •P By: / M ACKNOWLEDGMENT BY CITY STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On • 7 19?/. before me the undersigned, a Notary Public in and for said ate, personally appeared :, 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. OFF"-' SEAL h •y VA!EM WHITEMAN "� f!OTHRY PU BLT -CALIFORNIA '� GRFilGE COUttlTY G+.7'0" r�L!G 2S, 1992 I� STATE OF CALIFORNIA ) ss. COUNTY OF ) Notary Public in and for said State INDIVIDUAL ACKNOWLEDGMENT On , 19 , before me, the and for the State of California, personally appeared known to me to be the person whose name is subscribed acknowledged to me that executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ss. COUNTY OF ) undersigned, a Notary Public in to the within instrument and Notary Public in and for said State CORPORATE ACKNOWLEDGMENT 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 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 ine 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. STATE OF CALIFORNIA ss. COUNTY OF Orange Notary Public in and for said State PARTNERSHIP ACKNOWLEDGMENT On December5, 7990 19 , before me, the undersigned,,a Notary Public in and for said State, persona y appeared Cody M. Small . known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. 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 thaL execuLed Lne 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. NOTARY PUBLIC in and for said State LIMITED PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF q On TU�2mLOA _, S 19?7,before me, the undersign d, a Notary Public in and for said State, personal y.appeared known to me to be the General Pa—r-tner--of the I invited partner in instrument, and acknow edged to me that such limited gp�ng, ship execut"Ait me. / . � 1WSR. . ,i RADA NOTARYIPUBLIC in and for said State LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS r mnAi nAn u o Ac i rur rn nen u n urn STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, the undersigned, a Notary Public in the aforesaid tat ,personal 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 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 ) 1 • Parcel .Map.No. 90-104 Bond Amount 450. 0 Bond No. 2047555 Expiration date CITY OF TUSTIN SUBDIVISION WARRANTY BOND WHEREAS, The City Council of the City of Tustin, State of California, and DEV IX/TUSTIN FREEWAY CENTER ASSOCIATES (hereinafter designated as "principal") have entered into an agreement whereby v principal agrees to install and complet�e/ certain designated public improvements, which said agreement dated �Q cam, -Gem 1970, and identified as project Parcel Map No. 90-104 (Future "B" Street Improvements) 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 DEVELOPERS INSURANCE COMPANY as surety, are held and firmly bound unto Tustin in the penal sum of Four Hundred and Fifty Dollars ' 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. 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 bo6d, 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 5th (SEAL) day of December 19 900 PRINCI FREEWAY CENTER ASSOCIATE; Address of Principal: 3199 A-3 Airport Loop Dr Costa Mesa. Ca 92626 SURETY: DE DOPERS INSURANCE COMPANY r (SEAL) By: David L. Miller Attorney in Fact Address of Surety: 333 Wilshire Ave Anaheim. Ca 92801 1, APPROVED AS TO FORM: C'I,TY OF TUSTI By: C(;XATTORNEY APPROVED AS TO CONTENT: 6y: Y LNG I E R (ipGTiylr TS. 1i SN:sl 4/13/76 • STATE OF CALIFORNIA ) ss. COUNTY OF ) • INDIVIDUAL ACKNOWLEDGMENT On 19 , before me, the undersigned, a Notary Public in and for t e tate oCalifornia, personally appeared known to me to be the person whose name is subscribed to t e w t In 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 fn and for said tate, personally appeared known to me to be the and known to me to be the persons who executed the within instrument on beMf f o the corporation therein named, and acknowledged to m,^ 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 Pub is in and for said State PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) On December 5, 1990 , 19 , before me, the undersigned, a Notary Public M and for said State, personally appeared Cody M. Small known to me to be one of the partners of the partnership that executed the withiA iinstrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Adan, �- isEA�otl�arry vuolic in andtor said Mate C, .. M. ADAMS Nct: --olic-CdUomb Lo ORANGE COUWIY My CommWlan Bgft June 3,1994 -3- ACKNOWLEDGEMENT OF PRINCIPAL: STATE OF CALIFORNIA ) Gp, ) SS. COUNTY OF b a -n d ) ON am Jopti_. � � l � � p 195'0 before me, the undersigned, a Notary u �c in and or the said State, personalTy appeared _ �'�Jd .� M . S!'Y2Cc-L�w known to me to e and , known tome to be -the Secretary of. the Corporation that executed the within insttument, knowd/to me to be the personsV 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. -CIAL SEAL C�, JiNA M. ADAMS No! cry Public-Ccftmia ORANGE COUNTY My ConvrMon EV M "m 3,1944 10 ACKNOWLEDGMENT OF SURETY: STATE OF CALIFORNIA ) SS. COUNTY OF ). No ary 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 bete 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- MPOWER OF ATTORNEY OF N'9 059794 I NITY COMPANY OF CALIFOO 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 31st 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 Attorney(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 the true and lawful Attorneys) -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 authorityto 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 issigned by facsimile under and by authority of the following resolutions adopted bythe respective Boards of 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 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 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 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 2nd day of January, 1990. INDEMNITY COMPANY OF CALIFORNIA By Gerald A. Sauvageau, Pr6Sdent tAP ANY ` �tapf ORb f ' ATTEST z OCTA ' r ,3j 1961 0 By HarrA. Crowell, Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY By Gerald A. Sauvageau, President 91NSUq, Q�N4peF aRbtbp O 2 fQ ATTEST w YAR. 2T, o > IB1p i By Har4b. Crowell, Secretary On January 2, 1990, before me, the undersigned. a Notary Public in and for said Stale, 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 behallof 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 4Y_4, `n M ?�� Notary Public CERTIFICATE OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN •� 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 of this Certificate. This Certificate is executed in the City of Anaheim, California, this5t] day of December , 1990. INDEMNITY COMPANY OF CALIFORNIA �'I DEVELOPERS INSURANCE COMPAN/Y � BY By L.C. Febiger L.C. FIeDi ie r Senior Vice President !/ w>d 4P.`j94aYlgAIBPRiC.B2R 1b . �tfh OT; Senior Vice President' ID -310 REV. 12/89 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Tusti�nl, St DEV IX/TUSTTN FFFFwav rrm, n r,� r, A /,nr i Paresl,Map -No. 90-104 Bond`Amount $4,500.00 Bond No. 204755s Premium: $90.177 of California, and. (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% � S , 1990, and identified as project Parcel Map No. 90-104 (Future "B" Street Improvements) 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,.a.re held and firmly bound unto the City of Tustin (hereinafter called "City"), in the penal sum of Four Thousand Five Hundred 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 becrnne 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 e e 7 • 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 performed thereunder or the specifications accompanying the same shall in anywise afrLct Jts 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 an surety above named on the 5th day of December 19 90, (SEAL)' DEV IX TUST FREEWAY CENTER ASSOCIATES Pri nci . LLrn,Li tr_d h-" a By: ' By: 3199 A-3 Airport Loop Dr Costa Mesa Ca 92626 Add re ress (SEAL) DEVELOPERS INSURANCE COMPANY Surety David L. Miller, Attorney -in -Fact By: 333 Wilshire Ave Anaheim, Ca 92801 Address APPROVED AS TO FOR CITY ATTOW w` APPROVED AS TO CONTENT: JGR:s1 TCH:14 2/25/16 -2- ACKNOWLEDGEMENT 01' PNINCIPAL: STATE OF CALIFORNIA ) ) SS. COUNTY OF Orange ) ON December 5, 1990 , 19 before me, the —undersigned, a Notary Public in -and or the said tate, persona y appeared Cody 'Elie Small known to me to be . e Pre t,dnO me ry o the Corporation that executed ilhe within instrument; known to bie 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. OFFICIAL SEAL CHRISTINA M. ADAAG ORANGE COUNIV »�Notary PUft-calftmb kV 1994 on ft" IR fl ACKNOWLEDGMENT OF SURETY: STATE OF CALIFORNIA ) SS. COUNTY OF ) a�11 • % am o5 - Nota y 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 w Fose name is ithin in subscribed to the wstrument, and acknowledged to me that he executed the same: on behalf of the said 14ITNESS my hand and official seal. Notary Public in and for said State. -4- Parcel Map No.. 90-104 Bond Aount $2,250.00 Bond No. 204755.E Premium: incl : per 5-r an -Ce 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 dated x),Q, ✓ -1 S Parcel Map No. 90-104 1990, and identified as project (Future "B" Street Improvg-is hereby referred to and made a part hereof; and ments 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 Two Thousand Two Hundred and Fifty 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. 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, 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 surety above named on the 5th day of December 1990. (SEAL) B, By.. Costa Mesa, Ca 92626 Address SURETY:- DEVELOPERS INSURANCE COMPANY (SEAL) By: By: at APPROVED AS EY rim APPROVED AS TO CONTENT: L. Miller, Attorney -in - Anaheim Ca 92801 ress JGR:sI TCH:14 2/25/76 STATE OF CALIFORNIA ) ss. COUNTY OF ) INDIVIDUAL ACKNOWLEDGMENT On 19 , before me, the undersigned, a Notary Public in and for the tate o a i ornia, personally appeared , known to me to be the person whose name is subscribed tote within instrument an acknowledged to me that executed the same. WITNESS my hand and official seal. Notary Public in and for sai tate CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On 19 , before me, the undersigned, a Notary Public in and for said tate; personally appeared , known to me to be the an , known to me to be the persons who executed the within instrument on behalf of the corporation t erein 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. Notary Public in and for said State PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) On December 5, 19pe90 , 19, before me, the undersigned, a Notary Public in and for said State, rsona pe y appeared Cody M. Small known to me to be one of the partners of the partnership that execute t e —within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. & OFFICIAL SEAL CHRISTINA M. ADAM Noto y PubUc-CditM O ORANGE COUNIY Notary 'Public innarmor said State ACKNOWLEDGEMENT OF PRINCIPAL: STATE OF CALIFORNIA ) ) SS. COUNTY OF ) ON QJCLY)b", 6-, , 10b before me, the undersigned, a Notary Public in and for the State, personally appeared Ccdcj M. _Si paQQ , known to me`i De the I rels1dent, a #, known tome to be the Secretary of the UorporattOn 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. CL, C � WITNESS my hand and official seal, p `U� OFFICIAL SEAL CHRISTINA M. ADAMS Notary Pubflc �// , _ .moi _ / d a /Y7 <y— ORANGE COUMY ={ yGCIJIIIIII,..(VV/II'Q J-'� � l (�(ll O MY °l^ NotAry Public in and for said State. ACKNOWLEDGMENT OF SURETY: STATE OF CALIFORNIA ) SS. COUNTY OF ) ON , 19 , before lie, 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 bete person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of the said 14ITNESS my hand and official seal. Notary Public in and for said State. -4- G/7'J GL.6�C, SUBDIVISION AGREEMENT THIS AGREEMENT made this C�9 day of 42 , 19'{0 , by and between the CITY OF TUSTIN, CALIFORNIA, a municipal corporation, herein called "CITY" and r��l Crnlcr 4ssocIC�GS_ herein called "Subdivider" & CA,I l...iry i d `ltr-4f shIio WITNESSETH That in consideration of the City's approving the Final Map of Parcel trap 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: C�l Y CLERK fflr ; 1 . -- By CITY OF TUSTIN B y : 4�� MAYOR SUBDIVIDER /s5oc�as Pe✓ W Tush F��tuxy Confer A 0-0-1,1', AS?- r1lU r'ni kol. POs r+nerMh1p STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) • ACKNOWLEDGMENT BY CITY On g• -7 199/, before me the undersigned, a Notary Public in and for sand —state, personal ly appeared 2icbAtn �B.�G�1—R, 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. OFFI 1,\TL ,r i 1 VALERIE WHITEMAN ' (/ a� rao �ARr P�,�. Notary Public in and for said d State ORANGE COUNTY MY comm. expires AUG 28, 1952 . 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. STATE OF CALIFORNIA ss. COUNTY OF .Notary Public in and for said State CORPORATE ACKNOWLEDGMENT 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 me 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 PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF ) On ()•,QaMbt4_ 5 IWO, before me, the and rsigned, a Notary Public in and for said State, personally appeared Cab � Jn .1Y12 do known to me to be one of the partners of the partn rs�hip that executed the within instrument, and acknowledged to me that such partnership executed the same. 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 and known to me to be the of the corporation thaL execuLed rne within 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 ) ss. COUNTY OF On Dacp—rnbeA-- 5 , 19'10, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the -General Par-tner oflp. lyl usfin Fr,rc(AAi Ctn+c. Climited partnhin instrument, and acknowledg d to me that such limitsh8&9=%4 same. Notary Role-ccpLop harQRngQFIOO�tpRA�V'ci seal. NUTARY PUBLICICijnland for said State LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS CCU DA I DAD AI D C t TMTTCr) DAD IJ DCl1TD STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in the aforesaid tate, 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 ) Parcel Map No.90-104 _ Bond Amount 818,000.00 Bond No. 2047545 Expiration date CITY OF TUSTIN SUBDIVISION WARRANTY BOND WHEREAS, The City Council of the City of Tustin, State of California, and DEV IX/TUSTIN FREEWAY CENTER ASSOCIATES {4 r (hereinafter designated as "principal") have entered into Un agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated S , 1990, and identified as project Parcel Map No. 90-104 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 DEVELOPERS INSURANCE COMPANY as surety, are held and firmly bound unto Tustin in the penal sum of Eighteen Thousand Dollars 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. 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 5th day of December , 1990, (SEAL) I By: By: Address of Principal: 3199 A=31fAirport',L'oop Dr Costa Mesa. Ca 92626 SURETY: PPVELOPERS INSURANCE �COMPANY ' (SEAL) Dy:ivi.!��6�d, David L. Miller .Attorrfey in Fact . Address of Surety: 333 Wilshire Ave :._.- a SI APPROVED AS TO FORM: CITY OF TU rt Lam. W -ATTORNEY APPROVED AS TO CONTENT: Dy: CITY ENG1. 7R TS. 12 SN: s1 4/13/76 • STATE OF CALIFORNIA ) ss. COUNTY OF ) • INDIVIDUAL ACKNOWLEDGMENT On 19 , before me, the undersigned, a Notary Public in and for the State of CaMiToMnia', personally appeared known to me to be the person whose name is subscribed to within instrument and acknowledged to me that executed the same. WITNESS my hand and official seal. Notary Public in and for said tate CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 19 , before me, the undersigned, a Notary Public fn and for said tate; personally appeared known to me to be the and known to me to be the persons who executed the within instrument on behM of the corporation therein named, and acknowledged to m- 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 in and for said State PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF On WCUylbk- 5 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared L4 l"il - $Yyl&—D— known to me to be one of the partners of the pe partne s ip that executed the wit-Tiin - imstrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. CHRISFFICIALSEAL TINA M. ADAM Notcry Public-CdMoMia ORANGE COUNTY My CortuNaion Ex;*" June 3, 1994 -3- � n Qdam -- otarN— y 'Funlic in and for said State • ACKNOWLEDGEMENT OF PRINCIPAL: STATE OF CALIFORNIA ) SS. COUNTY OF ) ON before me, the unders gr d� a appeared (( pp known to me to be the a ry known to me To • 990 r the sa 19% e, persona y — ary o the Corporation that executed tlhe within instrumefit, known 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. OFRCIAt SEAL CHRISTINA M. ADAMS Notary ORANGtl COUNTY ^ ORANGE on Exo My ��3 q N tary Public in and for said State. ACKNOWLEDGMENT OF SURETY: 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 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 samF on behalf of the said I4ITNESS my hand and official seal. Notary Public in and for said State. -4- 10POWER OF ATTORNEY OF N2 059793 MNITY COMPANY OF CALIFOWK 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 31st 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 Atiorney(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 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 o1 the acts of said Attorney(s)-in-Feat, 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, bondson financial institutions, lease bonds, insurance company qualifying bonds, self -Insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney Is granted and issigned by facsimile under and by authority of 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 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 may be affixed to any such Power of Attorney or to any cenificate 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 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 by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January, 1990. INDEMNITY COMPANY OF CALIFORNIA B Y Gerald A. Sauvageau, Pr ident 1kP AMy 40�0.aP0e4jf i ATTEST � 1967 0 ti��llr00.N��? By HarryC. Crowell, Secretary STATE OF CALIFORNIA) 1 SS. COUNTYOFORANGE ) DEVELOPERS INSURANCE COMPANY By 94' ` r . Gerald A. Sauvageau,.President S 1N SUq� J?4a0.FOB4roe ATTEST w YxR.2i n 0 /J W � IaiB U By X 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 to me that the corporations executed it. WITNESS my hand and official seal. Signature — " 4L� M 411-.A" l Notary Public CERTIFICATE YYYYYY OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC CALIFORNIA EQ PRINCIPAL OFFICE IN 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 Boardsof 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 5th day of December , 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY o1xP I.YY n etN SUq,� �O4ePPOR4. O CP PPPOg4 i OCT 4 � _ L.C. Fiebiger last `' a y L.C. Fiebiger Senior Vice President 'F / Foa+ 4t Senior Vice President r%OPN�YT ID -310 REV. 12/89 • MONUMENTATION AGREEMENT This agreement made and entered into this 19_22, by and between • S� day of �', 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. 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 �G/1c� 90—/oN on or before 19`J/, 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 By MAYOR SUBDIVIDER 0''V i,< A (2, C� 17; P6 By. / orpor 't n Acknowled Ccx,�y rn . Sma,l EXHIBIT "B" y Cen k -r- f rshAja INDIVIDUAL ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 19 , before me, the undersigned, a Notary Public in and for the State of Californ'la, personally appeared known to me to be the person whose name is subscribed tot e within instrument and acknowledged to me that executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ss. COUNTY OF Notary Public in and for said State CORPORATE ACKNOWLEDGMENT On , 19 , before me, the undersigned, a Notary Public in and for saidtate, 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 be 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. WITNESS my hand and official seal. Notary Public in and for said State PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF 0"019,,) ss. Ir On Q «/yet 5.1 9RD, before e, the undersi ned�allotary Public in and for saicT 'State, personall y appearedknown to me to be one of the partners of the partner hip t at exee wit instrument, and acknowledged to me that such partnership executed the same. e WITNd'T��F icCSAMs$IIWNO�./PUblic-Cd1foMbORANGE . COUNTY CoMMMon EWkw June 3. 1994 ���Ml�' ►�. - vtatiW / / b Notary Public in and for said State PARTNERSHIP ACKNOWLEDGMENT; ACKNOWLEDGMENT OF CORPORATION ACTING AS A PARTNf_R 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 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 T 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 STATE OF CALIFORNIA ) ) ss. COUNTY OF Onby� z; 1990, before me, the and rsign , a Notary Public in and for said State, personally appeared ,ad /97)�iyl. known to me to be the General Partner of DPt/ X ePrhe Zmited partners n instrument, and acknowled ed to me at such limited a ip eexgFfilil2�d g�s ne. CHRIaTi��A M. A NfS Nola:; >ublic-cdi 0ffft W I T n d a Commission Expk 1' al. My Commialon Exptresl4 June 3,1994 l in an or salt tate LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS N AR N MITED 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. JOINT VENTURE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On 19 NOTARY PUB IC in and for said State before me, the undersigned, a Notary Public 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 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 officia&seal. MCIALIM TARY PUBLIC in and for Said State CHRISTINA KADAIM Notary Rbk-Cdlbmb ORANGE COUNIV My Col. M. elon 0 " b"3,1994 CORPORATION STATE OF CALIFORNIA ORANGE SS COUNTY OF } OnDA I MI . before me, the undersigned, a Notary Public in and for said State. personally appeared 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 DIC 304 (REV. 2185) 7his OFFICIAL SEAL VIRGINIA M. LOUNIAN np� n NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 9, 1993 cvvi+ecA 7his R 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 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. OFFICIALNOTARY/PUBLIC in and for Said State NA M. M. CHRISTINA ADAMS D Notary Public-Califomla ORANGE COUNTY My Com:nlalcn Exptres June 3, 1994 CORPORATION ATE OF CALIFORNIA ORANGE COUNTY OF }SS. On On 0 5 19M , before me, the undersigned, a Notary Public in and for said State. DAVID L MILLER m personally appeared = personally known to me (or proved to me on the basis of satisfactory y evidence) to be the person who executed the within instrument as Attorney- a in -Fact on behalf of Developers Insurance Company, the corporation therein Q named, and acknowledged to me that the corporation executed it. h WITNESS my hand and official seal. Signature 1),I A `x^' I I DIC 304 (REV. 2/85) OFFICIAL SEAL two= VIRGINIA M. LOUMAN NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Aly Commission Exp. Apr. 9, 1993 7his area for Official Notarial Seal R STATE OF CALIFORNIA Orange ;ss. COUNTYOF g 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 persons) whose names) 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_MU*_ 1! _)7 T/ (This area for official notarial seal)) TED PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On December 5, 1990, before me, the in and for said State, personally appeared to be the General Partner of DEV IX/TUST ASSOCIATES, a California Limited Partners that executed the within instrument, and ai limited partnership executed the same. WITNESS my . and official W OFRCIAL SEAL •CHR51M K& ADAMS MANGEMECOUNIV undersigned, a Notary Public ody M. Small , known to me V FREEWAY CENTER ip the limited partnership cnowledged to me that such CORPORATION S'I'A'I'E OF CA LIFORN IA ORANGE COUNTY OF /yip & DEC O �19M , before me, the undersigned, a Notary Public in and for said State, 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 - 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, w Signature \J 1� h4 DIC 304 (REV. 2185) OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY tn' My Commission Exp. Apr. 9, 1993 This area for Official Notarial Seal STATE OF CALIFORNIA Iss. COUNTYOF Orange , On December 5, 1990 ,before me, the undersigned, a Notary Public in and for said State, personally appeared COdy_M.._Smal personally known to me (or proved to me on the basis of satis- factory evidence( to be the person(s) whose name(s) is/a re su b - scribed to the within instrument and acknowledged to me that he/she/they executed ;he same. WITNESS my hand and official seal. ///►��/►//�/1 /y' R Signature_ - _ _ ^! .IAL SEAL CH' ::" NA `A. ADAMS No.c^/ Publlc-CdMortUp ORANGE COUNTY MY CMVrn 6p1= (This area for official notarial seal) 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 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. OFFICIAL SEAL NOTARY PUBLIC in and for Said State CHRISTINA M. ADAM m Notay Public-Calltanla ORANGE COUNTY Com ftan echo June 9, 1994 Q. ,CORPORATION STATE OF CALIFORNIA ORANGE }SS. COUNTY OF r� Onutc0.5 1890 , before me, the undersigned, a Notary Puo._. personally appeared DAVID L. MILLER personally known W so wh(oro proved d e on the basis of satisfactory Attorney. I� evidence) to be the person whn 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 Vi'I- -1 2185) "2185) 11r OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC - CALIFORNIA •Y,' PRINCIPAL OFFICE IN A .r• ORANGE COUNTY My Commission Exp. Apr, 9, 1993 This area for Official Norarial Seal STATE OF CALIFORNIA ass COUNTY OF Oran e 'On December 5 1990 _ _,before me, the unu, said State, personally appeared�Qdy_jN_ S_[plaJl__ _ personally known to me (or proved to me on the basis of satis. factory evidence) to be the person(;) whose name(;) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seat. Signature_VI_--- -Ad EAL C A ADAMS Naar:NG COUiTY ORANGE COUNTY My COmm1S5lpn Expires June 3, 1994 (This area for official notarial seal) I SrTATE OF CALIFORNIA !as. COUNTY OF 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(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_? ,e w'! L — aM — : OFFICIAL SEAL CPR5i1NA M. ADAMS Notay PubOc-Ctffomla or ORANGE My Comim don Expha Me 3,1994 (This area for official notarial seal(