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1981-0807_BELFORD TERRACE_E12_Agenda Reportw 'w• AGENDA ITEM August 7, 1981 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Grading Surety, Tract 9382 Ortega Highway (Maurer) SITUATION The developer has completed all the grading and drainage improvements for Tract 9382. The work has been inspected by the Building and Safety Division and found to be in conformance with the approved grading plan and the City's Grading Code. The developer, therefore, requests that the grading surety be released at this time. The grading surety being considered is as described below: Surety No. Underwriter Amount 009098 Covenant Mutual $35,000.00 Insurance Co. FINANCIAL CONSIDERATIONS There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Authorize staff to release the grading surety for Tract 9382. 2. Do not authorize staff to release the grading surety for Tract 9382. 3. Refer to staff. RECOMMENDATION By motion, authorize staff to release the grading surety, in the amount of $35,000 for Tract 9382. Respectfully submitted, b. W. W. D. Mu f�"I WDM: JGG/nep Attach. FOR CITY COUNCIL. AGENDA .... - ,wiz STATE OF CALIFORNIA ) ss. 11 1 256S%f'(i 798 a COUNTY OF Ora ge_ n m On ihis__15—day of- ._DQ.LL:fib@. C_ _--, 19__-7-7 before me_—.BdY(]R ra ) ihPitnp__ c a Notary Public in and for said State personally appeared _.-Robert--X.--E4) Intt oknown to me to be the—_—_ President, and ---- --- p, -- R. K. ELLIOTT CONSTRUCTION AND co known to me to be the ___________Secretary of -- n MM pp fk�((�� t u the corporation that executed the within instrument and knownD U V er b•Pxecuted the within n m f= instrument on behalf of said corporation, said corporation being m m e o known to me to 6e one o4 the partners of — o a 0 aQ the partnership that executed the within instrument, and acknowl- edged to me that such corporation executed the same as such .....................................1-1 ....... partner and that such partnership executed the same.OFFICIAL SEAL rt BARBARA J. SHELTON o WITNESS my hano and official seal. , i ` No Sxy Pcb;(c. Ca'ifarnia E O2ANCE COUNTY moo, Signature — ._ _—_ A.tY Commission E;pi: ea Au-'. 70, 1981 ; Barbara J. S iton — Name (Typed or Printed) (This area fm afTciel notarial seal) STATE OF CALIFORNIA ss. n COUNTY r i On this—l,ry__day of.. __..D8G8.616_eY ___, 19 -77 ---,before me_ Barbara J— Shat tnn c aa Notary Public in and for said State personally appeared __Robert E. Maurer _ known to me to be the President, and o A < o known to me to be the_ -- _Secretary of_. _M$S.I_C_@.C._��1LP�OIif17EnY CO. —, t u the corporation that executed the within instrument and known to me to be the persons who executed the within cc T m F instrument on behalf of said corporation, said corporation being A q c known to me to he one of the partners -_— o ._ �E �alfnrrf TPrYara ¢a the partnership that executed the within instrument, and acknowl- ....... .""""' `oK OFFICIAL SEA p LL edged to me that such corporation executed the same as such L BA43AR,q J, SHELTO partner and that such partnership executed the same. N 0 Notory Pnb^.; , Ca'IOamia eoi WITNESS my hen d off�<ial seal. �'� f;_,:i ^CiJ71TY E ......;! Ccatm._; w: fa;y-t Au �. 30. 14 LLSignature _ .—__ _ _______. ...81..... Barbara J. Shelton Name (Typed or Printed) (TMs area for official notarial seat) rLA L -j C._ ....1 CONSTRUCTION COMPANY CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: Mr. Joe Gaffney Dear Mr. Gaffney; CI RECEIVED Jug 1q 12 3') Ptd "R I July 22, 1981 RE: Maintenance & Fine Grading Bond #9098 - Tract 9382 As the grading of Tract 9382 has now been completed, we hereby request the release of the above referenced bond and rider to this bond which at present, is in the amount of $35,000.00. After presentation of this request to the City Council, would you please notify the surety, Covenant Mutual Insurance Co., of the actions taken by the Council. If you have any questions concerning this request, or if I may be of further assistance, please do not hesitate to call. Sincerely, MAURER ELLIOTT CONSTRUCTION CO. R.K.,Elliott RKE/js cc: Bob Maurer Mike Khamis • AGENDA ITEM February 17, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Exchange of Grading Surety, Tract 9382, Belford Terrace (Maurer) SITUATION The major grading work for Tract 9382 has been completed by the developer. The remaining work at this time is limited to the fine grading that will be done around the last 31 houses as those houses are completed. The developer, therefore, requests that the City accept a new Maintenance and Fine Grading Bond in the amount of $35,000, and release the existing bond in the amount of $160,000. The major grading work has been accepted by the Building and Safety Division. Also, the landscape maintenance duties have been assumed by the Landscape Maintenance District for this tract. The grading bond to be released is as described below: Bond No. Amount Company 009098 $160,000 Covenant Mutual Insurance Co. FINANCIAL CONSIDERATION There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Accept the new Maintenance and Fine Grading Bond in the amount of $35,000, and release the old grading bond in the amount of $160,000 for Tract 9382. 2. Do not accept the new grading bond. 3. Refer the matter back to staff. RECOMMENDATION By motion, authorize staff to accept the new Maintenance and Fine Grading Bond in the amount of $35,000, and then to release the old grading bond in the amount of $160,000 for Tract 9382. Respectfully submitted, W: D . � W. D. Murp WDM:JGG/pjs Attachment FOR CITY COUNCIL AGENDA ... ' J/ 1, a GOWSTRRa.:': r ON c j jRECEIVED 53 PI( ' I CITY OF SAN JUAN CAP JS TR Ahir City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: Mr. Joe Gafney Dear Mr. Gafney: L January 29, 1981 RE: Grading Bonds, Tracts 7673 s 9382 Pursuant to our telephone conversation today regarding the final acceptance of grading in Tract 7673, (Mission Woods), and a reduction of the grading bond amount for Tract 9382, (Belford Terrace). As all grading in Tract 7673 has been completed, we hereby request final acceptance of all grading within this tract from the City. Upon acceptance by the City, we also respectively request the exoneration of the grading bond for this tract. The status of grading in Tract 9332 is substantially complete with the exception of yard swales around each home. Therefore, we would also like to request a reduction in the grading bond amount from $160,000.00 to $35,000.00. Please review these requests at your earliest convenience, and advise us of your decision. Sincerely, MAURER ELLIOTT CONSTRUCTION CO. R.K. Elliott RKE/ j s cc: Mr. Bob Maurer ��� 4� c �i�ll �lr�i �l�O/rlfrlJ>l6 72400 PASEO AOELANTO SAN JUAN CAPISTR ANO, OALIFO;,'nA 92675 PHONC 491-1171 December 17, 1980 Robert Maurer Maurer/Elliott Construction Co. 14841 Yorba Street Tustin, CA 92680 Re: Landscape Maintenance, Tract 9382 Dear Bob: Subsequent to your submittal of the designated slope engineering information to the City Engineer for reviewal, the City of San Juan Capistrano will now accept landscape maintenance responsibilities for Tract 9382. Thank you for your cooperation in re- establishing the area where slippage occurred and verifying what actions were taken to provide stabili- zation. Should any problems regarding landscape maintenance develop after this acceptance, please feel free to contact the City to discuss them. Sincerely, CITY `O1F�SAN JUAN CAPISTRANO Cynthia S. Ferguson Administrative Assistant CSF/rem 0 0 7. APPROVAL OF REDUCTION OF SURETY FOR PUBLIC IMPROVEMENTS vaoh�► TRACTS 7673, 8485 AND 9382, ORTEGA HIGHWAY (MAURER) '(38) Written Communications: (85) Report dated January 20, 1981, from the Director of Public Works, requesting reduction of Faithful Performance surety . requirements for Maurer/Elliott Construction Company. The report further states that staff has reviewed the tracts and concurs with the developer that a reduction of the Faithful Performance surety is appropriate. Reduction of Surety: ' The following changes in surety were accepted: PREVIOUS ACCEPTED TRACT PURPOSE •SURETY SURETY 7673 Labor & Materials $ 28,500 $ 28,500 7673 Faithful Performance 538,572 50,000 8485 Labor & Materials 128,500 128,500 8485 Faithful Performance 663,624 128,500 9382 Labor & Materials 36,000 36,000 9382 Faithful Performance 521,927 50,000 vaoh�► 1 ' group COVENANT MUTUAL INSURANCE COMPANY Bond No. 006251 SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) , KNOW ALL MEN B Y THESE PRESENTS, That BELFORD TERRACE as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO for the use and benefit of any and allperson ntitled to f le claim under Section 11612, Business and Professions Code of the State of California, in the sum of Five �undred le One ThotffMA ($ 521,927.00 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, Contract with the Obligee, dated the agreed to complete the following improvements: That WHEREAS, the Principal entered into a certain Agreement or — day of 19_ , wherein the Principal has SUBDIVISION IMPROVEMENTS, TRACT NO. 9382 as more fully set forth in said agreement. NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur- nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. THEAGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified in this bond. TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of the State of California. Signed and sealed this 9th day of JANUARY , 197_ (Executed in Triplicate) COVENANT MUTUAL INSURANCE COMP BYI Barbara Blumer, Attorney -in -Fact 260 S.Los Robles, suite 214, Pas en, California, 91101 Address State of California County of Los Angeles ss. On this ( 9th day of January , 192& before me personally came BARBARA BLUMER to me known, who being by me duly sworn, did depose and say: that he is Atforney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name OFFICIAL SEAL i MARVA J. LYNN �.� NOT..PY PUELIC C L FU,NIA f R p.L r;F ICE IN = 9rao (N /Ji afJ(IC) LOS ANCELES C;UNTY My Commission E;:pires Copt. 29, 1980 @ mumunnnnun,nmm�nn„nminnnnuunnwmununnnnnunwu..... innnii 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney lsl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may In its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical Im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER 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 execution of any bond, undertaking, recognizance or other written obligation in the nature there• of; such signature and seal, when so 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, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: I. ' Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By 40J,01219, k. Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. ..... Notary Public ar: M ,y My commission expires March 31, 1978 tai, •y�Ltt3; r�:? e,. ....... i CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 9th day of JANUARY 1978 --Z . a. G. mz� Assistant Secr® 0 group COVENANT MUTUAL INSURANCE COMPANY Bond No. 006251 SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) KNOWALLMENBYTHESEPRESENTS,That Il fF01M TERRACE as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CI'T'Y OF BAR JUAN CAPI9TRM for the use and benefit of any and al] rson5�ent�' ledIo le cl im der ction 11 12, Business and Professions Code of the State of California, in the sum of ;�Windred at neo ($ 521,927.00 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, Contract with the Obligee, dated the agreed to complete the following improvements: as more fully set forth in said agreement. That WHEREAS, the Principal entered into a certain Agreement or — day of , 19_ , wherein the Principal has , TRACT NO. 9382 NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur- nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. THE AGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified in this bond. TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of the State of California. Signed and sealed this 9th day of JANUARY , 19T8 (Mment" in Tripllests) COVENANJINUTUA INSURANCE COJ�APANY / By�(i( Z-ir / Harbarn Mumer, Attorney -in -Fact 260 B.Los Robles, suite 21h, Pasades, California, 91101 Address State of California County of Los Angeles ss. On this 9th day of January , 197-8-, before me personally came BARBARA BLUMER to me known, who being by me duly sworn, did depose and say: that he is AHorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. .............................................. III II IIIA II 1111111 III IIII 1 1 I'll n111111111111D1D1 C ICIAL SEAL l f y�r l LI RVA J Lf;'6 Aht/� �l • �%raLf ^ N T ^ r IC C' -' NIA 9 gmuD (NOt f�{� �IC� My Commission Expire-, Sep:. 29, 1980 �ulununnnuunnlnllnnulllnullllnnulnulnunnuuunruunuununuuuuannunnnwil ... • i group COVENANT MUTUAL INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS Bond No. 006M That BZLTM rARRAM as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut a��u�rizzeedd to�sacctt s=urety business in the State of California, as Surety, are held and firmly bound unto MM for the use and benefit of any and all rsOn n ' o le cl ' der ctio 11 12, Business and Professions Code of the State of California, in the sum of �e ���_ rs ($ 54•SIM.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal entered into a certain Agreement or Contract with the Obligee, dated the day of 19_ , wherein the Principal has agreed to complete the following improvements: MBDIVMOB W t VZK0W , 2RWr NO. "82 as more fully set forth in said agreement. NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur- nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. THE AGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified in this bond. TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of the State of California. Signed and sealed this iZ2 day of aANIS*T (fteaateR is Triweate) 1978 . COVENA ,IU INSURANCE CO Y BY 11111112`111"s Attorney -in -Pact 9" s.Un flues. mite 211. Tasaiea. emmift• Address State of California County of Los Angeles On this 6th day of FEBRUARY , 1978, before me personally came HAROLD R. SMITH to me known, who being by me duly sworn, did depose and say: that he is Afforney(s)-in-Facf of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. uNrtnlUN l r l n - , '„ .,n rmnew ® C LJiC2lt_ a r:? n r , �. 111; 7 -NIA glwq (N9f Public) N L' S C' IN i V ..... My Ccmral;sion C:,^,irs C,o . 23, M80 State of California County of Los Angeles On this BARBARA BLUDIER day of January , 191$, before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like Nauthority. IINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.....Ilmll,lllmnppl„p111111,IIIIIIIIIINII OFF Nl1 O.L ECACdw r 1 PAARVA J. LYNG ///Qhli�- �•r�L YI” k"'t"1 NCTi.AY PI. ;C C" If-CANIA q,aup p (No'/ar ublic) G.� LCC ANCULU C`UNTY My Commis^,ion Expires Scpt. 29, 1980 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY REGULATION BUILDING AND SAFETY GRADING PERMIT SURETY BOND KNOW ALL MEN BY THESE, PRESENTS: That and BELFORD TERRACE Bond No. 006380 Premium $9556.00 as Priri`�ipal, a corporation organized and existing under the laws of the State of LUNNLLI 1LU1 -- , and duly authorized to transact a surety busines in the tat of a ' orni a uret ar kd nd firmly bound unto dive Hun re i� r, ' h ut hh � the County of Orange in the just and full sum of �,,„ �-�--•y�.--4 � Tr+ 19E +±+ DOLLARS, for the payment of which, well and truly to be m><'dLf;ra rmc P'and Surety bind theimselves, their heirs, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is applicant under Grading Permit No. of the County of Orange, California, for an excavation or fill of 250 yards or more, on the following described property: TRACT NO. 9382, CITY OF SAN JUAN CAPISTRANO and 530 , 885.00 WHEREAS, the estimated cost of the work authorized by the permit is $ , NOW, THEREFORE, it is agreed that if the Principal shall: a. Comply with all the provisions of "The Excavating and Grading Code of the County of Orange", Article 4 of Division 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section 71.041 thereof; and b. Comply with all the terms and conditions of the permit to the satisfaction of the Director of Build- ing and Safety; and c. Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof, and d. Reimburse the County for any work the Director of Building and Safety deems necessary to complete, correct or otherwise undertake the work specified in the permit, or any work he deems necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; other. wise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the permit or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon the bond by the County or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal or Surety. IN WITNESS WHEREOF, the said Principal and said Surety have caused these presents to be duly signed and sealed this Pith day of FEBRUARY I97B f BELFORD TERRACE Pri (Pal By By r COVENANT MUTUAL INSURANCE COMPANY Sur y Harola K. bmitn#ttorney-in-Fact ® F0266250 (Executed in Triplicate) 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, Constitute and appoint HAROLD R. SMITH its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog. nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents,of surety or other written obligapons in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of sajd Altnrneyjsj-in-Fapt, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions Pf sectigp 1$ of the 4y -14w$ of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such 6001 by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney, FURTHER 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 execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so 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 fame force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: Ila Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By ._ Vice Pre6id t "pT'� On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. / all MOT,/y;:s,; Notary Public a w : : n , My commission expires March 31,. 1Q78 CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force end effect. Signed and sealed at Hartford, Connecticut, this 6th day of FEBRUARY 1978. Assistant Secrecy AGENDA ITEM January 20, 1981 TO; James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Reduction of Surety for Public Improvements - Tracts 7673, 8485 and 9382, Ortega Highway (Maurer) SITUATION The developer of the subject tracts, Maurer/Elliott Construction Company, has requested review and consideration of a reduction of Faithful Performance surety requirements. In August, 1980, the City Council approved a reduction and release of Labor and Material and Monumentation surety for the three tracts. Staff has reviewed the tracts and concurs with the developer that a reduction of the Faithful Performance surety is appropriate. The developer has submitted new Faithful Performance bonds in amounts necessary to warrant those public improvements which have not been accepted by the City. The attached exhibit sets forth all sureties held and/or replaced in accordance with this item. FINANCIAL CONSIDERATIONS i. Accept the new Faithful Performance sureties for Tracts 7673, 8485, and 9382, and release the Faithful Performance sureties currently held. 2. Do not accept the new sureties and do not release the existing sureties. 3. Request further information. RECOMMENDATION By motion, accept the new Faithful Performance sureties for Tracts 7673, 8485, and 9382 and release the Faithful Performance sureties currently held. Respectfully submitted, W. D. Mur WDM:MB/rem Attachs. FOR CITY COUNCIL AGENDA ....;I • - / 7 r' TRACT 7673 7673 8485 8485 9382 9382 1/20/81 • E X H I B I T SURETY - TRACTS 7673, 8485, 9382 PURPOSE Labor & Materials Faithful Performance Labor & Materials Faithful Performance Labor & Materials Faithful Performance CURRENT SURETY $ 28,500 538,572 128,500 663,624 36,000 $ 521,927 PROPOSED SURETY $ 28,500 50,000 128,500 128,500 36,000 $ 50,000. =CCWSTRUC-n0aic0,-4PAP?V RECEIVED DEC 19 it is rim 180 CITY OF SAN JUAN CAPISTP,ANO d e 0 December 18, 1980 m N N C O Mr. Bill Murphy Director of Public Works/ City Engineer CITY OF SAN JUAN CAPISTRANO 32400 Paeso Adelanto m San Juan Capistrano, CA 92675 A Dear Mr. Murphy: We have completed all improvements for the three tracts we are building on Ortega highway, Tracts 7673, 8485 and 9382. We have had partial release of bonds for the above mentioned tracts, and at the present time the City is requiring us to maintain Faithful Performance Bonds for each of these tracts. The staff has been very helpful in authorizing partial release of bonds, however we have discovered that the bonding companv requires the premiums for the full amount of Faithbul Performance Bonds, and so we have not received credit for the releases on labor and material bonds. I know at the present time the City's policy is to require Faithful Performance Bond's for,one year after tracts have been accepted. Our completed bonds were released January 1980, and the other improvements with the exception of water were released in August of 1980. This would require us to maintain the Faithful Performance Bonds until August of 1981. We believe in these economic times that this is an additional financial hardship when all of the work has been completed and accepted. We would be willing to negotiate, with the City's permission, a reduction in 0 0 Mr. Bill Murphy December 18, 1980 Page 2 these original bond amounts so that we are not handicapped with premiums on the full amounts originally set for all of our tracts. We would like to ask you and the City Council for consideration in this matter. If there is any additional information you may -require regarding our bonds, we will be happy to provide same. Yours very truly, Partner REM/sd OTT CONSTRUCTION CO. aurer Cove�lallt 0 0 COVENANT MUTUAL INSURANCE COMPANY HARTFORD, CONNECTICUT SURETY RIDER To be attached to and form a part of Bond No. executed by Belford Terrace as Principal and by COVENANT MUTUAL INSURANCE COMPANY, as Surety, in favor of and effec- tive as of NnVPmh0r 5. 1979 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The Penal Sum of the bond From: One hundred sixty thousand & no/100------($160,000.00) To: Thirty five thousand & no/100-------($35,000.00) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein ex- pressly stated. This rider is effective on the 17th day of February 19 81 Belford Terrace By COVENANT AWTWAL/INSURANCE By—it�1 Arthur J. Clement Jr. 11 State of California County of Los Angeles f ss. On this 1246day of 19 5f�l before me personally came Arthur J. Clement, Jr. tome known, who being by me duly sworn, did depose and say: that he is Aftorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that if was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name ...�.,' C .,CIA AL T 11r k T. I -IR ., WO WNIA IN I•_ - .. -.s iipr. 27. 1984 State of California County of Los Angeles On this 7 ss. (Nofory Public) day of November , 19_L9, before me personally came Arthur J. Clement, Jr. to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)of Covenant Mutual Insurance Company, the Corporation described in and which exec the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said ins menf is suclI corporate s l; thaif was so affixed by authority granted to him in accordance with the By -Law of the said ^o ortion, an that a signed his name thereto by like authority. rvo- a,«o (Notary Public)