Loading...
1993-0622_GLENFED DEV CORP._Retention Release MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L.HAUSDORFER ll 1 GIL JONES Dew USE t' m(ORFORAIE0 CAROLYN NASH ($91114 3 1961 JEFF VASQUEZ • V. 1776 • I • CITY MANAGER GEORGE SCARBOROUGH June 22, 1993 Mr. Mark Sanchez GlenFed Development Corporation 16601 Ventura Boulevard, No. 200 Encino, California 91436 Re: Release of Performance Bonds, Private Street Improvements (Tracts 12423 & 12262 Dear Mr. Sanchez: Enclosed is a certified copy of the following bonds held as surety for the above- referenced project: PURPOSE AMOUNT Performance Bond $102,270 and reduced by No. 6154410 City Council Action of July 16, 1991 to $34,030 Performance Bond $81,547 and reduced by No. 6154413 City Council Action of July 16, 1991 to $27,150 The Performance Bonds are released per the April 20, 1993, City Council approval of the transfer of assignment of Improvement Agreements, Tracts 12262 and 12423, from GlenFed to CCL Realty. If you have any questions, please do not hesitate to call. Very truly yours, 01-10 p27 . a/zi,r- ' Dawn M. Schanderl Deputy City Clerk Enclosure cc: William Huber, Director of Engineering & Building Safety Theodore Simon, City Engineer Sam Shoucair, Associate Civil Engineer Fidelity and Deposit Company of Maryland 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Performance Bond No. 6154410, dated February 8, 1988, in the amount of $102,270 and reduced to $34,030 by City Council Action of July 16, 1991, regarding private street improvements, Tract 12262, Glenfed Development Corporation. 2. Performance Bond No. 6154413, dated February 8, 1988, in the amount of $81,547 and reduced to $27,150 by City Council Action of July 16, 1991, regarding private street improvements, Tract 12423, Glenfed Development Corporation. (SEAL) ka/—' tia 411?-d- /2-L DAWN M. SCHANDERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 22nd day of June, 1993. Done 6153ettamed fat . RELEASED tis,'72'-.1a the cam theuvai DATE' q PERFORMANCE BOND 7/� /q - , . O 1 �` � . � , ,; �, ' 4x3/50 INITIALS/Ca-164 . • . LL MEN BY THESE PRESENTS: 44 That Glenfed Development Corporation i e i y an eposi om any as Principal, hereinafter called CONTRACTOR, and of Maryland as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Eighty One Thousand Five Hundred Forty Seven--- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated February 8 , 1988 , entered into a (describe agreement): Private Streets , Tract No . 12)423 which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 8th day of February , 19 88 , at Pasadena California. PRIPAL Glenfed Developmart Corporat 1/01-' i , t2 A V•P_ APPROVED AS TO FORM (NOTARIZATION AND SEAL) kNO CAT. NO.gfaLiSi?kAtAA 7 A rtTY ATTORNEY TO 1945 CANN00737 (8-84) _ (Corporation) STATE OF CALIFORNIA J TICOR TITLE INSURANCEMary l a COUNTY OF Los An eles On February 8 , ]-- before , 19 8$ ss• said State, personally appeared before personal! itc Fu me, the undersigned a Notary Public in and for a + yknowntomeorprovedtome 11 r of satisfactory evidence to be the °n the basis the within instrument as the Person who executed = President,and Sr• Vlee -I n�i 1 17 �m n < personall kno or • Prove d to me on the basis of satisfactory evidence meto be the person who, executed the s" V1ce presldxent Within instru - ment as the �� OFFICIAL SEAL that executed the within instrument and acknowledged ANGELA f the Corporation � S, M. RYf3K>� to me that such corporation executed the within instru- horA�v �t� R1ent pursuant toby-laws ♦1W '' PRINCIPAL N board of directors, its Los A �+ ora resolution of its `, `'S O•ON'r WITNESS myM9 Comniisson FXp.'Nov. Ary: and and of icial seal. . , Signature ii (This area for official notarial seal) ; A 0 • , • Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Corn- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,pplicies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute aid appoint Charles F. Wilson of Los Angeles, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article V!, Section 2, of the By-Laws of said Company, and i. now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .21st day of April , A.D. 19 ..81. FIDELITY AND DEPOSIT COMPANY OF MARYLAND opEP°s,N ATTEST• : SEAL ? C c By aj":"SiL ........ ;1 Assislanl Secretary Vice-President STATE OF MARYLAND 1 SS: CITY OF BALTIMORE f On this 21st day of April , A.D. 19 81before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporat Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. •i Notary Public Co .ossion Expires..Iuly---..1.*...1.882 .`'., CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the C IDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of Febr..uary , 19-88-.. Lt428Ctt.-012 Assista Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK - , . . ori STATE OF_._— Gaal i: s 9� A COUNTY OF Lop Angele SS: On this 8th day of February , in the year 12 8 8 , before me LINDA L. CHIPMAN , Notary Public, personally appeared CHAILEL1._IJI ON. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named, and acknowledged to me that the corporation ..�+.-f++.�...+-..........-.. executed it. 9 ,•,- 4., ,•; ,, OFFICIAL SEAL LINDA L. CHIPMAN nr, Acknowledgement Certificate r w4 �+ Notary Pubfic CaFfornia 9� Principal Office In s e r`�Y Los Angeles County �.�; � My Comm. Exp.Apr. 11, 1989 L4427(CAI-5M, 7-86 4660 MEMORANDUM June 9, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Associate Civil Engineer '5( S • SUBJECT: Glenfed Assignment to CCL Realty of Improvement Agreements, Tracts 12262 and 12423 The response to your attached memo regarding the subject bond exoneration is as follows: CCL has provided bonds through their builder, Newport National, to replace the Glenfed ones for Private Improvements only and does not have the obligation to provide additional sureties. Therefore, Glenfed bond No's. 6154410 and 6154413 that have been replaced with Newport National (for CCL Realty) bond No. 134671 and bond No. 13423, respectively, can now be released (City Council approved the transfer of assignment from Glenfed to CCL Realty on April 20, 1993). The Public Improvements are not the responsibilities of CCL Realty. They still belong to Glenfed and they should remain in full force. As to the insurance issue, yes, CCL Realty/Newport National has to provide insurance as required by the Improvement Agreement. I contacted Mark Knepper of Newport National at (619) 438-5885, extension 204 and was informed that he will send a new Certificate of Insurance as soon as possible. If you need further assistance, please let me know. SS:ssg cc: William M. Huber Ted Simon CherylyJohnson Fico Aguilera 1 6154413 • the term thin* PERFORMANCE BOND ,`RELEASED KNOW ALL MEN BY THESE PRESENTS: DATE_214213...,___ INITIALS That Glenfed Development Corporation i e i y an eposi om any as Principal, hereinafter called CONTRACTOR, and of Maryland as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Eighty One Thousand Five Hundred Forty Seven--- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated February 8 , 1988 , entered into a (describe agreement): Private Streets , Tract No . 12423 which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 8th day of February , 19 88 , at Pasadena , California. PRI PAL Glenfed Developmant Corporal • 1 1AP. -11?, (Alag-6 \).. . APPROVED AS TO FORM (NOTARIZATION AND SEAL) • sLrQ 1� J. ' R. SHAW, CITY ATTORNEY SURETY Fidelity and Deposit Company of Maryla .40.4.---------sr, 4,.. -‘.....Z.___ ar es . ri son , A orney-in- act (NOTARIZATION AND SEAL) v CAT. NO. NN00737 t TO 1945 CA(8-84) (Corporation) J TICOR TITLE INSURANCE STATE OF CALIFORNIA } COUNTY OF Los Angeles SS. On February 8 , 1988 before me, the undersigned, a Notary Public in and for t said State, personally appeared `i ak Fujii personally known to me or proved to me on the basis w of satisfactory evidence to be the person who executed c the within instrument as the Sr . Vice W z President,and W i 1 1 i am R _ Willis ipersonally known to me or •• • + OFFICIAL SEAL proved to me on the basis of satisfactory evidence to be ' ,71,;•.-:., , ANGELA M. RYBKA • the person who. executed the within instrument as the �.,�. °- ' NOTARY PUBUC-CALIFORNIA Vice President = sic4�i•. o PRINCIPAL.OFFICE IN I i of the Corporation •I• LOS ANGELES COUNTY �Ir that executed the within instrument and acknowledged My Commission Exp. Nov. 6, 199:, to me that such corporation executed the within instru ment pursuant to its by-laws or a resolution of its board of directors. WITNESS m and and offFial seal. r Signature y Ty V(p� i ( ,( / ('( (This arca forf S _f 1(,�_ � (l official notarial seal) . L r r 4 Power of Attorney r FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME coma, BALTIMORE.MO. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executiv,Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by arid with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Charles F. Wilson of Los Angeles, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hercb) certify that the aforegoing is a true copy of Article V!, Section 2, of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st _ _ .. .. .. day of April , A.D. 19 ..81. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Zro"P.3.714, ATTEST: SEAL gl e By . .. . c Assistant Secretary Vice-President STATE OF MARYLAND l SS: CITY OF BALTIMORE J On this 21st day of April , A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore, duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporat Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. �:�or�sr•y°._ :. Notary Public Co .Ission Expires-July-..1. _1.982 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- ciallzauthorized bythe Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND EPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of February 19 88 111 LI42sCtf.-012 Assists Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK • California • STATE OF_,t_ YY 11 SS: COUN') ()F___rLLQS__A%1gP.l as 1 On this 8th day of February , in the year 1.2 5 8 , before me LINDA L. CHIPMAN , Notary Public, personally appeared CHARLES F. WILSON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named, and acknowledged to me that the corporation executed it. +•+•.•-•••••••••• ►, ti OFFICIAL SEAL t J a. LINDA L. CHIPMAN Acknowledgement Certifi Notary PubkaCahfornia � a Principal Office In c+_ ' Los Angeles Ccunty L4427 ICA1-3M, 7 22,t;:"Q* $ My Comm. Exp.Apr. 11, 1989