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Home My WebLink AboutAGENDA REPORT 1990 0919 CC REG ITEM 08GI I d -11 MOORPARK CO-* � ITEM BERNARDO M. PEREZ Mayor PPS_ o P SCOTT MONTGOMERY f Mayor Pro Tem 3Z> A W. CAL, ELOISE BROWN aiY Mee O i Councilmember of 9 19gf� o 9° CLINT HARPER, Ph.D, Councilmember ACTION: ,TOr PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk EMOR TO: The Honorable City Council FROM: John F. Knipe, City Engineer DATE: August 28, 1990 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer SUBJECT: PD -1068 (HART) ACCEPTANCE OF IMPROVEMENTS AND EXONERATION OF BOND BACKGROUND INFORMATION PD 1068 (Hart) is located on the south side of Los Angeles Avenue, 170 feet east of High Street (a location map is attached). On March 7, 1988 the Council approved the development plans for PD -1068 (Hart), subject to conditions of approval. These conditions of approval have now been satisifed. Per the conditions of approval the property owner was required to dedicate five feet of additional right -of -way along the property frontage on Los Angeles Avenue. This dedication is to provide for the necessary right -of -way on Los Angeles Avenue per Ventura County Road Standard Plate B -2b. The grant deed is attached for execution. The street improvements on Los Angeles Avenue have been completed and it is appropriate to accept PD 1068 as complete and exonerate the following bond. Type Amount Surer Co. Bond No. Performance and $ 5,195 American Motorists 3SM71692200 Payment Insurance Company 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Page -2- RECOMMENDED ACTION • Accept PD -1068 (Hart) street improvements as complete. • Authorize the City Clerk to execute the certificate of acceptance for the grant deed regarding an irrevocable offer of five feet along the Los Angeles Avenue property frontage. • Authorize the City Clerk to exonerate Bond No. 3SM71692200 effective one year from this date. Copy: Steve Kueny, City Manager Patrick Richards, Director of Community Development Patrick Dobbins, Assistant City Engineer Richard Hart, Property Owner JFK:KT:sf 01070/3006 IMO2301.COU I I II z t_-` i i i 131 n I \� -111 H \ \ \ �\ ►�I I / i� \ \ r / \ \ r rl TR. U �\ \ cn I / / POI ND TER \ §UBD. ► / l \ 1 ! W-) i l I 5 MR \�\ //� 1 1�i ► -- --------- - - - - -- - 1 �i 1 t \� 36 PM 19 \\ q -- -- -- I i// �` JkS :•... �� 1 5 MR 18 1/2 p� � 0RF� • �ll1lNI0N R 7 I w i I � _ (] NIGH :.•::. ' SCHOOL .::;; � P I r II , II - - - - - - - - - - - - - - - - - - I I II z t_-` i i i 131 - ■cc c�E�cccci ■ 1 man Was 111 11��11111 mm IF y q ES Avt. PD 1068 FREMO T, TRA( F _� 21 N I PAR. to I to 7 P 69 �- 21 M 2 �I n - ■cc c�E�cccci ■ 1 man Was 111 11��11111 mm IF y q ES Avt. PD 1068 FREMO T, TRA( F _� 21 N I PAR. to I to 7 P 69 �- 21 M 2 �I -111 H Him, _ m m IF y q ES Avt. PD 1068 FREMO T, TRA( F _� 21 N I PAR. to I to 7 P 69 �- 21 M 2 �I RECORDING REQUESTED By AND WHEN RECORDED MAIL THIS DEED AND .rNt ESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMPP TO rE City of Moorpark STREET 799 Moorpark Ave CITY SMoorpark, Cal. 9302`'. STATE 21e L _1 Tille Order No. Escrow No GRANT DEED —SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ❑ computed on full value of property conveyed, or ❑ computed on full value less liens and encumbrances remaining at time of sale. Signature of Declarant or Agent Determining Tax Firm Nance FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), in,me e g of gmorl) Richard T. Hart and Lillian M. Hart, husband and wif jpoint t nar,ts grant to City of Moorpar- P gn 1rre-nir ,lP offer ('& of grlme<ISl1 all that real property situated in the City of Moorpark _ (or in an unincorporated area of) Ventura _ County, California, I name of Coumrl described as follows (insert legal desulptfon). see attached piece, referring to a 51 set back along front portion only. Assessors parcel No Lot V, ' ,-act L, Rancho Simi Book 5 page 5 of Maps. \ Executed on Y' t`�i _ . a l�J, �c /r iCIY ine $Tile STATE OF CALIFORNIA lSS Richard T. Hart COUNTY Of L Jl ) - On fh.s _1�L day of year 9��. before me, the undersigned a Notary Pug In and la '. a.d Slate aersonally appeared /, 4I�` Qt . personally known to me (or proved '.o me on the oasis of satistactcr, eldence to be the aerson_ whose name__ subscribed to the a i °. i Instrt.menf an l acMnowl- edged to me that —Ce_ executed WITNESS ,y hand and olhwai seal 1 Notary P,,bi c in ind r St1 /( Lillian M. } CrJP� " c dvP �GZ �F'�Y his area lot officiai notarial seal) MAIL TAi( STATEMFNTS TD NAM- ADDRESS 'k�ore You use Ines form eae it lilt in i'�I Dian45 a�0 m!e! wnal<ver CNnq,s ar, aDpogrul! lM n,tlfLry i, Fu. J."1_�,';t!C r'uM '70 —Rey I� 95 IC -i;e cuss I [uia� lil nsHlion Conttii a la�"re. it rou CouCl In, loan s I�inets Ipr ,pun Durpq, alp us! Wtl<erls mll,s ne utN' f r� rani, eapi eis o mpnep .. n �.s WCI to In! rtiere naniadur ern0e!1 usenor Durpote Y M liineti al Ines lam ip !n 0,qa5 wotcorTS. INC BERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tam ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk TO:r; MOORPARK TRANSMITTAL DATE: ATTENTION:f�L�,�f . / WE ARE FORWARDING: Q BY MAIL DESCRIPTION REMARKS STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer JOB NO: ;:% P"'BY MESSENGER THIS MATERIAL IS SENT FOR 11 CHECKING 0 YOUR FILES ❑ APPROVAL 0 INFORMATION DOTHER 0 PLEASE SIGN COPIES AND RETURN TO OUR OFFICE. COPIES TO: _ RECEIVED — AUG 3 1990 VERY TRULY YOURS City of Moorpark 799 Moorpark Avenue Moorpark 3alifomia 93021 (805) 529 -6864 Bord No3SI17169220( Premium $ 15 .00 SURETY BO.Z�Z�, - ..;, - -� PERFORMANCE A.ND `-P�YI.YIEI�;�Z', WHEREAS, the City of Moorpark, State of California, and / �� Q/Z/ hereinafter Principal, have entered into an agreement whereby Principal agr es tol install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as project 22.10 Street and Strom Drain Im rovments is hereby referred to and made a part hereof; and ' WHEREAS, said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we the Principal and the undersigned, as corporate surety, are held and firmly bound unto he City of Moorpark, hereinafter called "City" , in the penal sum of � nn DOLLARS F d�z 't c —A t,- - ($ S y �� ) , lawful money of the United State , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as herein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation. shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. AND WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Moorpark, to se^ irc thc- ^1,-, , — *^ c; } icl rnfPrAnCe is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Moorpark and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the afore- said a eement and referred to in the aforesaid Civil Code in the like sum of Five Thousand One Hundred Ninety F-. , e � NO/ ! 00 for materials furnished or labor thereon of any kind , or for DOLLARS n s due Lunde 0 0 ) the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contrac' or and his subcontractors pursuant to Section 18806 of the Revenue tnd Taxation Code, that said surety will pay the same in an not exceeding, 7E 3moi, t hereinaln-ve set forth, and x also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to — be awarded and fixed by the court, and to be txed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should this condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 this bond, and it does hereby waive notice of any such change, extension, alteration or addition to the terms of the agreement or to the work performed under said agreement, or to the specifications accompany- ing the same. IN WITNESS WHEREOF, this instrument has been fully executed by the Principal and Surety above named on January 23_ 19 89 Notarial Certificate Attached Notarial Certificate Attar led Richard Hart Na of rinci 1 B. Title ; (} American Moi Name of S `r B Y Att es rists"-Tnsurance Company in -Fact William E. Piri;s Address: 7470 N. Figueroa City: Los Angeles `- State: CA Zip 900 1 T(yephone No. (21 3) 257 -8291 'AMERICAN MOTORISTS INSU. JCE COMPANY r--- -� Home Office: Long Grove, IL 60049 naTtonx s POWER OF ATTORNEY PEc rmmmes Know All Men By These Presents: That the American Motorists Insurance, Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint « « • « • • « • ... • • • • • • • # • «. » .,..,.... # • «, • • „ «, • , David Z. Noddle, Bill K. Heist, Beverly Martin and William E. Pitts of Los Angeles, California (EACH } * * * * * * * * *** * **** its true and lawful agent(s) and attorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1990, unless sooner revoked for and on its behalf as surety, and as its act and deedAny and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($2503000.00) * ** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys, i n-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their apointees with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Seccre ary, meaygbe ffixed facsimile filed eilon and any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.” In Testimony Whereof, the American Motorists liis� nce Company has 4aus this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 3LN day of _ SeDteIIler 1 g tits Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY .' 'N t^, ,r F. C. McCullough, Secretary — By —' STATE OF ILLINOIS J. S. Kemper, III, Senior Vice President COUNTY OF LAKE 5s 1, Rose K. Rayner, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own fre+� and voluntary act for the uses and purposes therein set forth. My commission expires: August 12 1991 g Rose K. Rayner, Notary Public FM 836-5 7-88 IM Power ot Attorney—Term PRINTED IN U.S.A. State of California ) ss. County of Ventura ) On this 24th day of January_, in the ear 1989 Y before me Celia Ramona LaFleur, _Notary , personally appeared Richard Hart personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscr' to i nstr ent and acknowledged that he (she or they) executed it. i� SEAL n CELIAORi;jAONA LA FLEUR N;ctay ?c5!ic- Caltlornfa �•� �-. ,.;': VENTURA COUNTY w My Camm. Exp, Jan. 16, 1990 II STATE OF CALIFORNIA, } CICUNI'Y OF Los Angeles ) SS. GROUP On this day of 23 1989 U before me ANGELA A. REGO personally appeared personally known to me (or proved to me on Williams Pitrc the basis --f satisfactory evidence} to be the person whose name is subscribed to this i ns �= en ` as the Attorney -in -Fact of AMERICAN MOTORISTS IR97RANCE CYMPANY, and adkncwiedgec to me that he (she) subscriLed the name of said company thereto as Surety, and his (her` : cwr> name as Attorney- in—Fact NOTARY PUBLIC 1