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HomeMy WebLinkAboutCC 9 RELEASE OF BONDS 11-05-90DATE: TO: FROM: SUBJECT: OCTOBER 30, 1990 WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONSENT CALENDAR NO. 9 11-5-90 Inter - Com ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 13038 RECOMMENDATION: That the Tustin City Council accept all public improvements within Tract No. 13038 and authorize the release of the following Improvement Bonds: Faithful Performance No. 52410585 ---------------- $303,000.00 Labor and Materials No. 52410585 ----------------- 151,500.00 Monumentation Bond No. 52410586 ------------------ 8,500.00 BACKGROUND: As a condition of approval of Tract No. 13038, the Developer, Irvine Pacific was required to post certain Improvement Bonds to insure the completion of the public improvements associated with the development that is located at the southeasterly corner of Irvine Boulevard and Myford Road. DISCUSSION: The Developer, Irvine Pacific, has completed all required public improvements to the satisfaction of the Public Works Department and it is requested that the City Council authorize the release of the following bonds: Faithful Performance No. 52410585 Labor and Materials No. 52410585 Monumentation No. 52410586 The Subdivision Warranty Bond No. 52410587, in the amount of $30,300.00 must remain in effect for a one year period after the City accepts the public improvements. 44�'�- Bob Ledendecker Director Public Works/City Engineer BL:ccg T� Office of the City Clerk City Of Tustin 15222 Del Amo Avenue Tustin, CA 92680 (714) 544-8890 FAX (714) 832-0825 March 4, 1992 T. Patrick Smith The Irvine.Company 550 Newport Center Drive Newport Beach, CA 92660 Dear Mr. Smith: Per City Council action on November 5, 1990, the following bond(s) for Tract No. 13038 is being returned to you: Subdivision Warranty No. 52410587 $30,300 Sincerely, p Beverley Whi Deputy City Clerk Encl TR,. _ , MAP 13038 BOND NO. 5241 0587 DUPLICATE ORIGINAL AMOUNT $30,300.00 EXPIRAT'TON DATE PREMIUM: $121.00 CITY OF TUSTIN EXECUTED IN THREE ORIGINFlL COUNTERPARTS SUBDIVISION WARRANTY BOND WHEREAS, The City Council of the City of Tustin, State of California, and THE IRVINE COMPANY dba IRVINE PACIFIC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated ': %? -�.�7 Z 0` 19P'� and identified as project TRACT 13038 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 TRANSAMERICA INSURANCE COMPANY as surety, are held and firmly bound unto Tustin in the penal sum ofTHIRTY THOUSAND THREE HUNDRED 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 +hn. nin cnorifiori anti in all rpcnpcts 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. 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 Tustin in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 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 24th day of FEBRUARY 1988. PRINCIPAL: IRVINE PACIFIC'° (SEAL) By: T. Pa rick Smith, Vice President By: atricia G. White, Assistant Secretary Address of Principal: 1 PARK PLAZA, SUITE 1000, IRVINE, CA. 92714 SURETY: TRANSAMERICA INSURANCE COMPANY (SEAL) By: / /x iia :EFRIS Attorney in Fact Address of Surety: 4111 ALAMEDA AVENUE BURBANK, CA. .91510 „APPROVED AS TO FORM: CITY OF APPROVED AS TO CONTENT: CITY ENGINEER TS. 12 SN:sl 4713/76 -2- 0 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 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 24th day of FEBRUARY 1988, PRINCIPAL: IRVINE PACrIFIC (SEAL) By: T. Pa�jrick Smith, Vice President By: 7 cLu LcJyr9tc� Patricia G. White, Assistant Secretary Address of Principal: 1 PARK PLAZA, SUITE 1000, IRVINE, CA. 92714 SURETY: TRANSAMERICA INSURANCE COMPANY (SEAL) By: �' I"-'.� RIS Attorney in Fact Address of Surety: 4111 ALAMEDA AVENUE BURBANK, CA. 91510 ATTORNEY IN FACT ACKNOWLEDGMENT STATEOF CAIg'O�A Caat"Ir Ura g On this 24th -ANY of February 1988 • m the yew . before me, a Notary Public in and for said appeared R.S. Terns m _Cofy State of California, residing lhentin, duly commissioned and sworn. personally b pa'eaOWT da.a m asc, ❑ prtend rase am tLe se sia@c d coee satfdacYary evid to be the person whose rum is subscribed to this instrument as the &tiny sin fact of T ra n s a me r i C a I n s u ra n c e Co m pa n y and acknowledged to me that Vie ❑ aYe subscribed the name of K • 5 . I ern S surety, and D1h 0 beir own mum as attorney in fact. _ thereto as IN WITNESS WHEREOF. 1 have hereunto set my tend and affixed my official sal, the day and year stated in this certificate above. OFFICIAL SEAL JUDITH A. BENSON<,.� NOTARY PUBLIC - CALIFORNIA N Public ORANGE COUNTY �Y My Can-. Expires Jan. 18, 1994 MY opntnussion expires aaoso—,o �/ TS. 12 SN:sl 4713/76 -2- ACKNOWLEDGMENT BY CITY STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 0 On , 19 , before me the undersigned, a Notary Public in and for said State, persona ly 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, INDIVIDUAL ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) Notary Public On , 19 , before me, the undersigned, a Notary Public in and for the State of California, personally appeared , known to me to be the person whose name is subscribed to the within instrument and acknowledged to,me that executed the same. WITNESS my hand and official seal. NOTARY PUBLIC in and for said State CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA 1 ss. COUNTY OF ORANGE ) i OnAF � , 19, before me, the undersigned, a Notary Public in and for said State, personally appeared T. Patrick Smith known to me to be the Vice President and Patricia G. hlte known to me to be the Assistant Secretary persons 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 by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. (, 1q OFFICIAL SEAL C V'tRGINIA M. t7�D'MlpUGH . � C I i (1 �� �'i 4 . , fl •`:4" N Aft PUBLIC in nd or sa)d State NOTARY PU",LIC- CALIFORNIA v , GRANGE CWNTV MY C"ISSION Fxv. CCT.25.1991 PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. CUUN I Y OF On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , known tome to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official ,seal. NOTARY PUBLIC in and for said State IIF Transamerica * Transrica Insurance Company A St, eey / Home Officer Los Angeles. California II Insurance Services Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti- tute and appoint R.S. TERRIS OF IRVINE, OuAD-.GE CO. , CALIFORNIA its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances at other written obligations in the nature thereof, as follows: Ap,y AND ALL BONDS AND UNDERTAKINGS, UNLUUTED IN AMOUNT, IN ANY SINGLE INSTANCE, FOR OR ON BEHALF OF THIS COMPANY, IN ITS BUSINESS AND IN ACCORDANCE WITH ITS CHARTER and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attomey(sl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re -insurance acceptances or agreements, Surety and co -surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by a, facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as theoriginal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed:" IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 31st day of August 19 87 By //// Cd.H. Tanner. Vice President State of California County of Los Angeles ) Ss On this 31st day of August 19 87 , before me Hazel Yamasawa, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM- PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of. Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. aw 0)FFICIAL SEALHAZLYAMASAWA NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN I LOS ANGELES COUNTY I My Commission Expires SeptZ. 30, 198811 ..,,,wn..,«w,w.. r„� r.µr„� , ,r ,. ....la 1719 D (Continued) G y� Hazel Yamasawa, Notary Public in and for the County of Los Angeles, California 6-86 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 thdL executedwitnin instrument and known to me to be the persons who executed the within instrument on behalf of the corporation, said corporation being known tb 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 , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the General Partner of 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. NOTARY PUBLIC in and for said State LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS GENERAL PARTNER OF LIMITED 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 corpora [ion 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 19 , before me, the undersigned, a Notary Public &the within instrument, and acknowledged to me that such joint venture executed the same. WITNESS my hand and official seal. NOTAR'! PUBLIC in and for said State Tract "ip I W 4 • Bondc� 8i nn i�gg • Bond 51tii�" PREP Ul i Ii;C LUDEC :N PE"FOi''NCE DO�ID EXECUTED IN THREE ORIGINAL COUNTERPARTS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Tustin, State of California, and THE IRVINE COMPANY dba IRVINE PACIFIC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated and identified as project TRACT No. 13038 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 (contnencing 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 One hundred fifty-one thousand, five hundred 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. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of 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, so as to give a right of action to them or their assigns, in any suit brought upon this bond, subject to the priority of City. /-3a-?c_E Should the condition of this* be fully performeu, then this oblig* 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 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 24th. day of February , 19 88, The Irvine Company dba PRINCIPAL: IRVINE PACIFIC (SEAL) By: a rl < mith, Vice President By: i f a 3 e6 sslstant Secretary I Park Plaza, Suite 1000, Irvine, CA 92714 Address --. TonnlcntncPyrp iNCIIP.GNCF CWIPANY ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CAWFORNIA County or ss. On this --3 rd.-..._ ..._._.day of Ma Cc.h... .... in the year ..___19.$$._—____.—___ before ma a Notary Public in and for said Drd n92 .__....County. State of Califomla, residing therein, duly commissioned and swom, personally appeared R. S. Terris-....-. ...... .___ ❑ personally known to me. [$ proved to me on the bull or satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact oL_T.ran Sdmer-iGd---IRSBrdiiC-0—EOmpd ny------- and acknowledged to me that In he ❑ she subscribed the name oL._T Y dltSdmeL lLd—lnsur-dnGe-CAm ----_thereto as surely, and IJ his Q her own name as attorney in fact. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official sea], the day and year stated in this cerificata above. OFFICIAL SEAI. rEG2_��,r� JUDITH A BENSON �- a ...., .............. HDTARy PUtILdC Notary public ORANGE Go V� ' y Comm E;Pinl Jan Ig, 1"2 m expires. ....... CITY ENGINEER dGR:sl TCH:14 2/25/76 -2- /3039-5 r Transamerica Tra, erica Insurance Com • A Slq .,oYny /Home OnrC! LOa PniilG,n! Insurance Services POW+r of AHOmey KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti Lute and appoint R. S. TERRIS OF IR:INE, Oi U:GE CO., CALIc OES:IA its true and lawful Attomey(s)-m-Fact, with full power and authority, for and on behalf an the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: ,C;y ANTI ALL BONDS AND Uh1D=AKINGS, UNL121ITED IN AMOUNT, IN ANI' SIN= INSTAIa , FOR OR ON BEHALF OF THIS Cocu'ANY, IN ITS BUSINESS AND IN ACCORDANCE WITH ITS CHART"'R and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attnmay(s) in -Fact, pursuant to these presents, are hereby ratified and confined. This appointment is made under and by authority of the following bylaws of the Company which by-laws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents at sureties, m -insurance acceptances or agreements, surety and co -surety obligations and agreements, underwriting undertaking, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, NO and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President, A facaimife signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney, is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu. tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the anginal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 31st day of August .19 87 ` ..By/d'/ (.�.H. Tanner, Vice President State of California ) County of Los Angeles 1 ss On this 31st day of August , 19 87 , before me Hazel Yamasawa, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM- PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of mid corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. / I OFFICIAL SEAL � I HAZEL YAMASAWA I _ NOTARYALIGCALI[OpNIA PRINC LOS IPAL Hazel Ydm25dWd, Notary Pubic My Commissn EroFICE IN se: 5 0Z� io30, 1988 in and for the County of Los Angeles. California 1719 D (Continued) 6 86 INOUAL ACKNOWLEDGMENI • STATE OF CALIFORNIA ) ss. COUNTY OF ) On 19 , before me, the undersigned, a Notary Public in and for t o tate o a T ornia, 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. Notary Public in and for said State CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA 1 ss. COUNTY OF Orange ) On February 24, 1988, before me, the undersigned, a Notary Public in and for said State, persona ly appeared T. Patrick Smith known to me to be the VicePresident and Pat LVhite known to me to be the Assistant Secretary persons who executed the within instrument on be a f o the corporation therein 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. P,_ ffnauscAc iand 11C I Y't� VIRGINIA M. tkW'fiMKH i,_4 Notes Public in �an for 'said State �� j�� NCT A0.Y RFAIC-CAl6CFl11A , ttII.NGE C0.NiV �m COMISS191 EoI EXP. XT.m.laal PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On 19 , before me; the undersigned, a Notary Public in and for said State, personaT7y appeared 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. WITNESS my hand and official seal. -3- 13036-10 Notary Public in and for said State PARTNERSHIP ACKNOWLEDGMENT: ACKN06llJGMENT OF CORPORATIu,, ACTING 0 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 ,exe u e e 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 MITED PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) 55. COUNTY OF ) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the General Partner of 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. NOTARY PUBLICin and for said State LIMITED PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS GENERAL PARTNER OFLM D PARTNERSHIP STATE OF CALIFORNIA 55. 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 ) 55. COUNTY OF On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be one of the joint venturers of the joint venture that executed the within instrument, and acknowledged to me that such joint venture >xecuted the same. WITNESS my hand and official seal. NOTARY PUBLIC in and for said State i3 0 ae- ii IVID INDUAL ACKNOWLEDGMENT • STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 19 , before me, the undersigned, a Notary Public in and for the State of Caliornia, personally appeared , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that executed the same. WITNESS my hand and official seal. Notary Public in and for said State CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) On February 24 , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared T. Patrick Smith known to me to be the President and 7at LVIii to known to me to be the Assistant Secretary 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 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. F E 0 it I4 5 4 KTG IPL6 CItIF 9HIA M... C(fITY cPTF_S.G. STATE OF CALIFORNIA ) ss. COUNTY OF ) i i Notary Public, in,and for said State PARTNERSHIP ACKNOWLEDGMENT On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared 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. WITNESS my hand and official seal. Notary Public in and for said State PARTNERSHIP ACKNOWLEDGMENT; ACKNOWLEDGMENT OF CORPORATION ACTING' AS A PARTNER STATE OF CALIFORNIA ) ) ss. COUNTY OF. ) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the and known to me to be the of the corporation that 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. N T RY PUBLIC in and for said State /3039-ij Tract No, 13038 Bond No, 774 6 86 Amount 58 500 00 PREMIUri: $50.00 EXECUTED IN THREE ORIGINAL CITY OF TUSTIN COUNTERPARTS. MONUMENTATION BOND The Irvine Company dba KNOWN ALL MEN BY THESE PRESENTS: That IRVINE PN.rIFIC as, and hereinafter referred=to, collectively, as "Principal", and TRANSAMERICA INSURANCE COMPANY a corporation organized and existing under the laws of the State of California and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin; hereinafter referred to as the "CITY", in the sum of s8.5oo.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 Tract No. Iaona for approval and acceptance of such streets and easements; and WHEREAS, as a condition precedent to the approval of said tract map and the acceptance of the dedication of such streets and easements, Principal is required to construct and install survey monuments or agree to construct and install such monuments and execute and deliver to the City a bond on a form approvad 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 September / , 19by; 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 Monunentation 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. THE IRVINE COMPANY PRINCIPAL: aIRVINEACIF (SEAL) By d' �tk Smith, Vice President By Pa'Y White, Assistant Secretary Address of Principal: 1 Park Plaza, Suite 1000, Irvine, CA 92714. -2- ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA I Count, Or Qrange -( On m„ 3rd...._. _,,,_d„y or Fla r0i ..... in m..ear _....19flS _......... n r re,n, u Nota,, rush, in.,nd tot .,,d cnomc. Si to of c,liLn nl. rc,d,F herrn duH ct nmi„tined ind .w Orn rvnOn.tll% ............ -� nr..a,newr. e.,aenee .Irrenrd R S. Teals ... _❑re uAn. t,n•.g 9ru au nit on the hd. tobethe p 'o 'ho, e j, ob,cribed to thk in,lunle'll is the atliirncnr.t,t_ Tra t15amerka-1F5iiranCeClilipany — iind acknottledgedto a th,il (�j he pof she ,of ....Iransamer.iea 1Trill ra nee -Company --.---tneretti a n, ,Ore,,, and his ❑ her oen nu me az mtnrney in Gmt. IN WITNESS WHEREOF, I h'.,re hereunto ,u nit hind :md ul i.ed ni ,ftidal ,cel, the dtrw and ya r ,rumd in thie certificate hho,e. OFFICIAL SLAL `J JUDITH A BENSON NornRr w©uc cnu9of 7 OMNGE LOUNfY MY Cwnm, fagm )ve. 18, t 992 %3o3e-=? -3- _ 1 Q ry t.” runs lk City Engineer IFFF Insurance Coqm Insurance Services RSI T06ny,..m. 0.1`. L OSA dilO,ni] Poway of Anomay KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti me and appoint R. S. TERRIS OF IRVINE, ORAi:GE CO., CALI OLNIA its true and lawful Attomay(s)-im Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal if required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Ai,y AND UL BONDS AND UNDERTAKINGS, UN'LINLI= IN AMO UI, IN ANY SINGLE INSTANCE, FUR OR ON BEHALF OF THIS CCk'TANY, IN ITS BUSINESS AND TN ACCORDANCE WITH ITS CHARTER and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attomeyls) in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following bylaws of the Company which bylaws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re -insurance acceptances or agreements, surety and Co -surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Oirectors, (ii) the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also hear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Oirectars of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the Bylaws and the Company seal may he affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu. tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when sp used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused than presents to be signed by its proper officer and its corporate seal to hereunto affixed this 31st day of August .19 87 e t� - ! By ���� I H. Tanner, Vice President State of California ) County of Ios Angeles 1 ss On this 31st day of August , 19 87 , before me Hazel Yamasawa, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. f ! OFFICIAL SEAL HAZEL YAMASAWA 3 ' NOTARY PUBLIC CALIFORNIA j >- PRINCIPAL ANG L OFFICE IN i FILEICOUNTY t Los PR...N.......�M..W.....�...,.um Hazel Yamasawa, Notary Public y Commission E M es sec:. 30. 1988 € .�. in and for the County of Los Angeles, California 1719 D /Continued) 6-66 0 ACKNOWLEDGEMENT OF PRINCIPAL: STATE OF CALIFORNIA j ) SS. COUNTY OF ORANGE ) 0 ON Fehrlla l- 24, 19 88 before me, the undersigned, a Notary Pub is in and fort e said State, persona y - appeared T. Patrick Smith known to me to be the Vice Pre a i e known to me to be the Assistant Secretary- of the Corporation that executed the within instrument, known to me to be the persons who executed the within instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within instrument pursuant to i:ts by-laws or a resolution of its board of directors. WSTNESS my hand and official seal. .;gnu p CN'JK:C"J- J !n CG*'ISSLLJ: W, Da 2s.l,n 4.. ACKNOWLEDGMENT OF SURETY: STATE OFCALIFORNIA ) . ) SS. COUNTY OF ) Notary Publicitn'and for said State. i ON , 19_ before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Attorney in Fact of , Surety, and known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of the said WITNESS my hand and official seal. Notary Public in and for said State. _q_ STATE OF CALIFORNIA ) ) ss. COUNTY OF 0 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 thdL eXecULn ins rumen am mown o me o e 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 , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known tometo be the General Partner of 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. NOTARY PUBLIC in and for said State PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS DnDTvFD nC I TMIT7n DGR N PCW D 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 ?UBLIC in 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, personally appeared - , known to me to be one of the joint venturers of the joint venture that executed the within instrument, and acknowledged to me that such Joint venture executed the same. WITNESS my hand 2nd official -seal. N TAR'' PUBLIC in and for s id Stat=_ li SUBDIVISION AGREEMENT • THIS AGREEMENT made this Z# day'of F 1988, by and between the CITY OF TUSTIN, CALIFORNIA, a municipal corporation, herein called "CITY" and THE IRVINE COMPANY, dba IRVINE PACIFIC herein called "Subdivider' WITNESSETH That in consideration of the City's approving the Final Map of TRACT 13038 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 far 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: T:1 JGR:sl 2/25/76 TY CLERK /303B-/ CITY OF TUSTIN By : a�w MAYOR SUBDIVIDER The Irvine Company, a Michigan Corporation dba Irvine cificl By: I m\ T. Patrick Smith. Vice President Pat fVhite, Asst. Secretary 1 Park Plaza, Suite 1000 Irvine, CA. 92714 ADDRESS • ACKNOWLEDGMENT BY CITY• STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 19 , before me the undersigned, a Notary Public in and for said State, 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. CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On this day of 1988, before me the undersigned, a Notary Public in and for the Countof Orange, State of California, personally appeared RONALD B. HOESTEREY, persona ly 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. Janet M. Hester Notary Public in and for said County and State On Februar 24—19-84-oeTore-me—Lne unaersryneu ,—a—nv ca y—ru iin and tor said to e, persona y appeared T. Patrick Smith known to me to be the vice President and Pat White , known to me to be the Assistant Secretary of the corporation that executed the within instrument, known to me to be the person who executed the within iinstrument 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. e =PUDLIC—CALIFORNIA L f�hA 1 n hA M.ONW6H Nat' ry Public 'n b -d ' r said State ALIFORNIATYt:"*0TAjjy B.1991 PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF On 19 , before me, the undersigned, a Notary Public itrand for said State, personally appeared , 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 salve. WITNESS my hand and official seal. Notary Public in and for said State /303,9-Z OFFICIAL SEALJANET M HESTEROTARY E04 PUBLIC - CALIFORNIAORANGE COUNTY >My comm. eapites DEC 13, 1988 On Februar 24—19-84-oeTore-me—Lne unaersryneu ,—a—nv ca y—ru iin and tor said to e, persona y appeared T. Patrick Smith known to me to be the vice President and Pat White , known to me to be the Assistant Secretary of the corporation that executed the within instrument, known to me to be the person who executed the within iinstrument 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. e =PUDLIC—CALIFORNIA L f�hA 1 n hA M.ONW6H Nat' ry Public 'n b -d ' r said State ALIFORNIATYt:"*0TAjjy B.1991 PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF On 19 , before me, the undersigned, a Notary Public itrand for said State, personally appeared , 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 salve. WITNESS my hand and official seal. Notary Public in and for said State /303,9-Z PARTNERSHIP ACKNOWLEDG* ACKNOWLEDGMENT OF CORPORATIPACTING 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 e 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 ) On 19 before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the General Partner of 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. NOTARY PUBLIC in and for said State D PARTNERSHIP; ACKNOWLEDGMENT OF CORPORATION ACTING AS STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in the aforesaid State, persona y appeared known to me to be the and , known to me to be the of the corporation that executed the within instrument, known to me to 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 in and for said State, personally appeared , known to me to be one of the joint venturers of the joint venture that executed the within instrument, and acknowledged to me that such joint venture executed the same. WITNESS my hand and official seal. NOTARY PUBLIC in and for said State 3o3S-.3 • MONUMENTATION AGREEMENT This agreement made and entered into this Z 7 day of , 19� , by and between THE IRVINE COMPANY, dba, IRVINE PACIFIC 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 TRACT N0. 13038 ; 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 TRACT NC. 13038 on or before September , 19 89, in accordance with the provisions of law, and furnishes a bond/cash in the sum of Eight thousand five hundred dollars 13 o3B- !¢ CITY OF TUSTIN MAYOR SUBDIVIDER THE IRVINE COMPANY, d''ba`.,IRRV-INE PACIFIC BY: �� S �M Corporation Acknowledgement EXHIBIT "B" 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 suE_s_c_r17ed to the within instrument and acknowledged to me that executed the same. WITNESS my hand and official seal. Notary Public in and for said State CORPORATE (ACKNOWLEDGMENT ten` STATE OF CALIFORNIA ) ohrlLq�Nht�orJ � ) ) ss. COUNTY OF Orange ) On February 14 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared T. Patrick Smith _ known to me to be the VicePresident 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: 'TAI SEAL t h n m 1 rt U01 VIRGINIA M. HCDMWOM Nota y Publi inland or id State WNOTARY PUBLIC-CALIFCWIIA °�"CO�'� ._ _PARTNERSHIP ACKNOWLEDGMENT CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this Q day of— 1988, before me the undersigned, a Notary Public in and for the County of ange, State of California, personally appear?d RONALD B. HOESTEREY, personally nown to me 'Co be the MAYOR of the CITY OF TUSTIN, the municipal corporation that executed i,,ae 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. Janet M. Hester Notary Public in and for said County and State ' �'� JANET An RESTER •�m ' NOTARY PUBLIC -CALIFORNIA �;,,• ORANGE COUNry My comm. expires DEC 13, 1988 of the corporation that executed the within instrument and-kn"own-to-me ro-ue-uiic 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 /3039-/.5- • LIMITED PARTNERSHIP ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) • On 19 before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the General_Partner of the limited partnership that executed the within instrument, and acknow edged to me that such limited partnership.executed the same. WITNESS my hand and official seal. NOTARY PUBLIC in and for said State IP; 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 t e 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 fn and for said State, personally appeared , known to me to be one of the joint venturers of the joint venture that executed the within instrument, and acknowledged to me that such joint venture executed the same. WITNESS my hand and official seal. NOTARYBL C in and for said State /3a3B-16