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)