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Home My WebLink AboutAGENDA REPORT 1991 0904 CC REG ITEM 08Hf i �iV1 MOORPARK 799 Moorpark Avenue NA,)(, .)ark Cali`t)rnia 93021 (805) 529 -6864 TO: The Honorable City Council FROM: Dirk Lovett, Assistant City Engineer DATE: August 20, 1991 SUBJECT: Exoneration of bonds, PD 1066 Moorpark Car Care, Inc. 75 Park Lane, Moorpark, CA OVERVIEW This requests authorization to reduce the subject surety bonds. DISCUSSION In February 1988, Mr. Leonard Liston submitted a Grading Bond for $2,900.00 and a Performance and Payment Bond for $39,600.00 as guarantees for the construction of public improver)T6nts at 75 Park Lane. As of June 26, 1991 all of the public improvements have been completed. By letter dated July 9, 1991, Mr. Liston has requested release of said bonds. a DRAINAGE During the course of construction, the developer modified the drainage patterns so as to transfer shoulder water from the west side to the east side of the street. The Engineering Department required the construction of a drainage swale to resolve the resulting ponding. It is recommended that this drainage pattern be monitored for a period of one year to insure its adequecy. • ARSIN • Authorize reduction of these bonds from 100% to 10 %. Hold the remaining 10% for a minimum period of one year during which time the Engineering Department will have opportunity to monitor the drainage syster PAUL W. LAWRASON JR BERNARDO M PEREZ SCOTT MOr,I _Wt R, .iOY E `ALLEY JR JOHN E. WOZNIAK Mayor Mayor Pro Tem Courxni ne 'De C<)u -ulmember Councilmember " ✓OORPARK, CAUFORNIA city C0u 11 Meerr,a of 199j ACTION: B This requests authorization to reduce the subject surety bonds. DISCUSSION In February 1988, Mr. Leonard Liston submitted a Grading Bond for $2,900.00 and a Performance and Payment Bond for $39,600.00 as guarantees for the construction of public improver)T6nts at 75 Park Lane. As of June 26, 1991 all of the public improvements have been completed. By letter dated July 9, 1991, Mr. Liston has requested release of said bonds. a DRAINAGE During the course of construction, the developer modified the drainage patterns so as to transfer shoulder water from the west side to the east side of the street. The Engineering Department required the construction of a drainage swale to resolve the resulting ponding. It is recommended that this drainage pattern be monitored for a period of one year to insure its adequecy. • ARSIN • Authorize reduction of these bonds from 100% to 10 %. Hold the remaining 10% for a minimum period of one year during which time the Engineering Department will have opportunity to monitor the drainage syster PAUL W. LAWRASON JR BERNARDO M PEREZ SCOTT MOr,I _Wt R, .iOY E `ALLEY JR JOHN E. WOZNIAK Mayor Mayor Pro Tem Courxni ne 'De C<)u -ulmember Councilmember C L. Liston & Associates, Inc. C O N S U L r N G E N G I N E E R S 31238 Via Colinas, Un t E, Westlake Village, California 91362 (805) 497 -1244 i � 8) 991 -7148 FAX (818) 991 -5942 July 9, 1991 City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attention: Mr. Dirk Lovett an( Lillian Kellerman SUBJECT: EXONERATION OF BONDS, PD 1066, MOORPARK CAR CARE, INC. 75 PARK LANE, MOOR.PAF'K, CALIFORNIA Gentlemen: As of June 26, 1991 all of the public improvements have been completed for the subject project. In addition, the City issued the Certificate of Occupancy. therefore, we request that our bonds be released for the sutra dt —t pr-o ject:. We would appreciate your prompt consideration to this request. If you have additional questi,,r: ;, Tease feel free to call me. Sincerely, Leonard Liston President ch - RECEIVED - J U L 10 1991 ,! V 0 y4'_' Liston a Assoc. TEL No. Aug-19,91 12.09 P.02 Q S'U_'P1 LT Y 13 (DNJD C];RADZNC KNOW ALL MEN BY THESE PRESENT? " Z, 02 Bond No. 1174183 Premium pFgE:MjUM CHARGED ON ANNUAL SASi55- That MOORPARK CAR CARE INC. , as Principal, and AMWEST SURETY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Moorpark, State oalifornia, as Surety, In the sum of TWO THOUSAND NINE HUNDRED AND NO/ 10OXY ,XXXXXXXXXXXXXXXXXXXXXXXXXXX.y. 2, (S_900.00 ), or which sum we bind ourselves, our heirs, executors, admin- istrators, successors, and assigns, Jointly and severally by these presents. The condition of the above obligation °s such that: WHEREAS, the Principal has made app for Grading Permit No. in order to �erform g�'rraading and a the premises known as 75 PARK LAN.., MOORPATK, CA and WHEREAS, the Principal, as d fie i to being granted said Permit, is legally obligated to comply with all terms and conditions thereof; NOW, THEREFORE, if the Principal wall fully comply with all terms and conditions of & 'd Permit, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect, aad Surety shall cause the terms and conditions of the said Permit to be fully performed or pay to Obligee the cost of performing the terms and conditions of the said Permi, in an amount not exceeding the Said sum above specified; and shall also, in ca, suit is brought upon this bond, pay to Obligee court costs and a reasonable a torney's fee, to be fixed by the court. The Surety does hereby consent to ran-, and all alterations, extensions of time, or other modification to the said Penn,' , the performance of terms and conditions of which are secured by this bond Dated this 21sT — day of _.RDECEMBER 68 Notarial Certificate Attached Notarial Certificate •Attachel MOORPARK CAR CARE INC. Name of Pr ncipal B y_._ _. Title AMWEST SUR U VE COMPANY Name of Surety By_ . A �� 1 LEE ANN' 5858 ?YSS6-Eact Addross: P.O. BOX 4083 City: WOODLAND HILLS State CALIF Zip 91325 !1(3p toe No. (618 ) B34-3445 08/19/91 15:22 '� 1b �9'. :342 Liston & Assoc. 0 03 0 TEL No. Aug.19,91 12:10 P.03 . P;Zc'M1UM 'CHARG"EL ON ANNUAL BASIS Bond No. 1174901 Promium • � "z' "�'" 23 rJ N" i7 P 2 r, c7 C I=- .A,Nill JC'A.XMEN- WHEREAS, the City of Moorpark, State of California, and MQORFARK CAR CARE INC. , hereinafter designated as Principal, have entered into an agreement where :Uy Principal agrees to install and complete certain designated public irnpr)vements, which said agreement, dated FEBRUARY-3,1988 , 1�J_... —_ , and idontified as project 88 -444 (PD -1066) 75 PARK LANE M00 �� CA iii is hereby referred to and made a pert hereof; rind WHEREAS, said Principal is required': u° der the terms of sald agreement, to furnish a bond for the faithful performance cc raid agreement; NOW, THEREFORE, we the Principal an i the undersigned, as corporate surety, are held and firmly bound unto the Cit,, of Moorpark, hereinafter called "City", in the penal sum of T (S 39,600.00 ), lawful money of DOLLARS ted States, for the payment of which sum well and truly to be made, o selves, our heirs, successors, executors C and administrators, jointly d e firmly by these presents. The condition of this obliga is suc.l,, that if ".he above bounded Principal, his or its heirs, executors, administrators, s4. -,cessors or assigns, shall in all things stand to and abide by, and well and truly Ko :p and perform the covenants, conditions, and provisions in the said agrccmert a� d any alteration thereof made as herein provided, on his or their part, to be :- apt and performed at the time and in the manner therein specified, and in al'a !e: -)ects according to their true intent and meaning, and shall indemnify and save tarrnless City, its officers, agents and employees, as therein stipulated, the,. his obli�,ration shall become null and void; otherMse, it shall be and remain in f, f: >; ctr lnd effect. As A part of the obligation secured :h ar - -by and in addition to the face amount specified therefor, there shall be inc :rac ed costs and reasonable expenses and fees, Including reasonable attorney's fees �n -urrcd l.y City in successfully enforcing such obligation, al to be taxed as c, find in lulled in any judgment rendered. AND WHEREAS, under the terms of s 1i agreement � .qcipal is required before entering upon the performance of the :)rk , to ! d and sufficient payment bond with the City of h1oorpa1,k to c c 74 th ,)to�h.ich reference is made in Title 15 (commending �w'ith Section ' , Pf of Division 3 of the Civil Code of the State of California. ( J NOW, THEREFORE, said Principal am c ur�dc signed, as corporate surety, are held and firmly bound unto the City• t ,1c,r,rpar c and all contractors, subcontractors, laborcrs, matcrialmen and other per, (r, employ(d in the performance of the afore- said agreement and referred to in th, of esaid Civil Code in the like sum of THIRTY NINE THOUSAND SIX DOLLARS ($39,,600.0_0_ Tor materials furn :5iiaT�: le'�or t!IC c,r,d, or i'or amounts due under the t.n mp!oyinent 1nSU1'1 : :; :E fact t,'i'` ��; �C'�; A','U;'� or labor, O:' for any amounts re wired t., t� Ta � c? � :� c c��., 1 �.�l,� e :�er t,? t}�e FrUncnise x Do,nrd "Io tvP nt ^aetOrS 0 08/19/91 15:23 'Fi` _8 X91 E: +42 Liston & Assoc. Z 04 TEL No. Aug.19.91 12 :11 P.04 also in case suit 'is brought upon this Lond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to --. be awarded and fixed by the court, an(] to be taxed as costs and to be Included in the judgment therein rendered. It is hereby expressly stipulated and', al,-rocd t this bond shall inure to the benefit of any and all persons, compani:�s, an co ti s entitled to file claims under Title 15 (commencing with Scctior 3082) rt �f 'is on 3 of the Civil Code, so as to give a right of act on to them r . lei s in any suit brought upon this bond. Should this condition of this bond be filly performed, then this obligation shall become null and void; otherwise it steal' be and remain in full force and effect. The surety hereby stipulates and arz ee,.F that no change, extension of time, alteration or addition to the terms of sFa.d agreement, or to the work to be performed thereunder or the plans and specifications accompanying the same, shall in any manner affect its obligations on :.his bond, and it does hereby waive notice of any such change, extension, alteratii:: n or addition to the terms of the agreement or to the work performed under said aE, „:,eement, or to the specifications accompany- ing the same. IN WITNESS WHE EOF, this instrument has been fully executed by the Principal and Surety above named on __ZIU LsT _ 19 88 MOORPARK CAR CARE INC. Name of Principal Notarial Certificate Attached Title\\ Notarial Certificate Attached AMWSST SURETY INSURANCE COMPANY Name of Surety By LEE jo�D�}ct Address: P.O. BOX 4083 City: WOOLARD HILLS State:_ CA Zip - Telaphone No.T 88 -