HomeMy WebLinkAboutAGENDA REPORT 1992 0909 CC ADJ ITEM 08EG
MOORPARK ITEAAU•
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
M E M O R A N D U M of
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tiCTIO ?J;
TO: THE HONORABLE CITY COUNCIL
FROM: DIRK LOVETT, ASSISTANT CITY ENGINEER .�.�
DATE: SEPTEMBER 2, 1992
SUBJECT: APPROVAL OF THE FINAL MAP AND AGREEMENT TO CONSTRUCT
IMPROVEMENTS FOR TRACT 4789 (MORPARK WEST)
BACKGROUND INFORMATION
The subject tract is located on the north side of Hertz St. in the
City of Moorpark. A location map is attached for your reference.
The final map represents a division 2.21 acres into 5 lots for
development of an industrial park.
The tentative map was approved by the City Council on October 16,
1991. The conditions of approval for the tentative parcel map have
been satisfied and all of the requirements precedent to recordation
have been fulfilled.
All the parcels are being`developed by Moorpark West and a will
serve letter for water and sewer services has been provided by the
Ventura County Waterworks District No. 1.
Included in this submittal are the following items (on file in the
office of the City clerk):
1. Final Map for Tract 4789.
2. Agreement for Construction of Subdivision Improvements.
3. Bonds:
.Performance &
Payment (Street
and Drainage)
Grading
Monumentation
PAUL W. LAWRASON JR. BERNARDO M. PEREZ
Mayor Mayor Pro Tem
Amount
$111,670
$ 12,243
$ 4,067
SCOTT MONTGOMERY
Councllmember
Surety Co.
TOPA INSUR.
TOPA INSUR.
TOPA INSUR.
ROY E. TALLEY JR.
Councllmember
MC 1053
MC 1049
MC 1050
JOHN E. WOZNIAK
Councilmember
RECOMMENDED ACTION
- Approve the final map for Tract 4789 and authorize the
Mayor and City Clerk to sign the title sheets accepting
for public use the right of way for Atlantis Court and
the access easements for public services purpose as shown
on the map
- Authorize the Mayor to sign the Agreement for Construction of
Subdivision Improvements for the subject tract and direct the
City clerk to retain the original agreement and return an
executed copy to the developer and surety company.
co: CCMEM Tract 4789 /City Engineer
cc: Steve Kueny, city Manager
William Phelps, Director of Community Development
LOS ANGELES APENVE
YONlry MAP
No ICAIE
Cr A 4789
AGREEMENT FOR CONSTRUCTION
OF SUBDIVISION TMPROYEMENTS
THIS AGREEMENT is entered into by and between MOORPARK WEST, A CALIFORNIA
GENERAL PARTNERSHIP It whose address is
8929 WILSHIRE B
hereinafter referred to as "DEVELOPER ", and the CITY OF MOORPARK,
CALIFORNIA, hereinafter referred to as "CITY ": --
WITNESSETH:
WHEREAS, Developer desires to obtain City's 7appproval of a final
subdivision map on land known as Tract No(s).
and
WHEREAS, City desires that in the event said final subdivision map is
approved, Developer be contractually obligated thereafter to construct
certain improvements on said tract;
.-� NOW, THEREFORE, the parties hereto agree that if the City Council of
City approves said final subdivision map, Developer shall be bound by
the following comments and conditions:
1. Developer represents that Developer is the owner of the land in the
City of Moorpark, California, comprising that certain subdivision
known as Tract No(s). 4789
2. Developer shall perform, construct and complete at Developer's own
expense all that work and all those improvements for said tract(s)
described in the plans and specifications under City of Moorpark
Drawing No(s). 92 -ML -10468
for streets and storm drain on file in the office of the City of
Moorpark Public Works Director, and Ventura County Drawing No(s).
N/A for water and
sewer, on file in the office of the Ventura County Public Works
Director, Ventura, California. Said plans and specifications are
incorporated into and made a part of this Agreement as though set
forth at length herein.
3. Developer hereby offers the improvements shown on City of Moorpark
Drawing No(s). 92 -ML -10468
to City for public use, except the following:
-1-
a. All water and sewerage improvements shown on Ventura County
Drawing No(s). N/A ,
which are hereby offered to
b. All flood control improvements shown on Ventura County Drawing
NOW. N/A , which are
hereby offered to Ventura County Flood Control District.
4. Developer shall perform and complete the work and improvements
referred to in Paragraph 2 within fifteen (15) months after
approval by the City Council of Moorpark of the Final Map of said
Tract. If the time for completion of said work and improvements is
extended, said extension will not affect the validity of this
Agreement or release the Public Improvement security filed with the
City pursuant to Paragraph 5 hereof, nor the Laborers and
Materialmen Security filed with the City pursuant to Paragraph 6
hereof.
5. Prior to the approval by the City Council of the Final Map of said
Tract, Developer shall file with City a Public Improvement security
in accordance with Section 8280 of the City of Moorpark Subdivision
Ordinance for the faithful performance of the improvements shown on
City of Moorpark Drawing No(s). 92 -iML -10468 for
streets and storm drain, and Ventura County Drawing No(s).
N/A for sewer and water. The estimated
costs to complete said work and construction of said improvements
is the sum o_ f FIFTY FIVE THOUSAND FIGHT HUNDREID TMITV SEWEN & 1110 /100
DOLLARS (S ��.$.�7 )•
At least 5500.00 of the required improvement security shall be in
the form of a cash deposit with City. The remainder amount shall
be a good and sufficient security on a form approved by the City.
Should the amount on said improvement security become insufficient
in the opinion of the City, Developer agrees to renew said amount
with good and sufficient security within ten (10) days after
receiving demand from City therefor.
6. Prior to approval of the Final Map by the City Council, Developer
shall file with City a security in accordance with the City of
Moorpark Subdivision Ordinance, securing payment to the contractor,
his subcontractors and to persons renting equipment or furnishing
labor or materials to them for the improvement. Should the amount
of said security become insufficient in the opinion of City,
Developer agrees to renew said amount with good and sufficient
security within ten (10) days after receiving demand from City
therefor.
-2-
7. Developer hereby warrants that the plans and specifications
referred to in Paragraph 2 are in accordance with the tentative map
approval and the master plan for said subdivision previously
approved by the City Council, together with all conditions made a
part of said approval(s). Developer further warrants that said
plans and specifications are adequate to accomplish the improvement
work covered by this Agreement in a good and workmanlike manner,
and in accordance with accepted construction practices.
Should said plans and specifications, at any time prior to final
acceptance of improvements referred to herein, prove to be
Inadequate in any respect, then Developer shall make such changes
as are necessary to accomplish said work in a good and workmanlike
manner and in accordance with accepted construction practices.
8. Developer shall perform the work and construct the improvements
referred to in Paragraph 2 in a good and workmanlike manner under
the supervision and to the satisfaction of the City Engineer. Said
work and improvements shall not be deemed complete until approved
and accepted as completed by the City Council. Said acceptance
shall constitute acceptance of the offer of improvements for public
use contained in Paragraph 3.
9. A Soils Engineer acceptable to the City Engineer shall be employed
and paid by the Developer.
10. Soils Engineer shall perform materials testing, construction
control testing, interpretation of test results and pavement design
work on streets within the City in accordance with the requirements
set forth to Section 3, shown on Plates A -3 and A -3a of the Ventura
County Road Standards approved by the City of Moorpark.
11. Soils Engineer shall provide the City with reports containing the
results of testing, the interpretation of results and the pavement
design done pursuant to this Agreement. With the last report
filed, the Soils Engineer shall include a certificate that the
testing, interpretation, and design have been done properly in
accordance with applicable Ventura County Standards and good
engineering practice. All reports and the certificate shall be
mailed or delivered to the City of Moorpark.
12. The Soils Engineer recommendations, as such recommendations may be
modified by the City Engineer, shall be incorporated into the final
pavement design, and actual street construction shall be in
accordance with said pavement design.
-3-
13. Developer is an independent contractor and nothing contained in
this Agreement shall be construed to create the relationship of
employer and employee, master and servant, or principal and agent
between City and Developer.
14. City, its officers and employees, shall not be liable or
responsible for any accident, loss or damage happening or occurring
to the improvements specified in this Agreement prior to completion
and acceptance of said improvements.
15. At all times from the acceptance by the City Council of the
dedications offered on said Final Map to the completion and
acceptance of the improvements described herein, Developer shall
take such precautions as may be necessary to protect the public
from any dangerous condition caused by the construction of said
improvements. Developer shall have such control of the ground
reserved for the installation of such improvements and the streets
in which they are to be placed as is necessary' to allow him to
carry out this Agreement. Developer shall pay for such permits and
inspection of said improvements as may be required by the City
Engineer.
16. Developer shall indemnify City, County. the Ventura County Flood
Control District, and their officers, agents, and employees against
any and all liability, loss, costs, damages, fees of attorneys and
other expenses which City, County, the Ventura County Flood Control
District, or their officers or employees may sustain or incur in
consequence of, arising out of, or in any way connected with the
acts or omissions of Developer, or his contractor, subcontractors,
officers, 'agents or employees in the construction, design or
location of the improvements constructed pursuant to this
Agreement.
17. Developer shall guarantee the replacement and repair of tha
improvements as described in Paragraph 2 of this Agreement for one
year from time of final acceptance. This guarantee does not
Include routine maintenance or ordinary wear and tear. The
.securities referred to in Paragraphs 5 and 6 of this Agreement
shall not be exonerated until a security guaranteeing the
requirements of this Paragraph in the amount of at least 10: of the
sum shown in Paragraph 5 is accepted by the City Council.
This Paragraph 17 does ( X ) does not( ) apply.
-4-
- PURPOSE ACK
ate of CALIFORNIA
wnty of Los Angeles
July 22, 1992 before me, Lynette Foreman ,
DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC'
Nicholas M. Brown
rsonally appeared
NAMES) OF SIGNER(S)
Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he/she /they executed
rstss : : «�ssss : :..srs�s�sts * *�„ the same in his /her /their authorized
�.= OFF]ICIAL SEAL . capacity(ies), and that by his /her /their
LYNEiTE FOREMAN signature(s) on the instrument the person(s),
- �.- �TRYPUBM– CAUFOaNK • orthe entity upon behalfofwhichtheperson (s)
i NOTAW 80N0 FILED IN
,' .,,,,, ...,,,,— acted, executed the instrument.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Mooraark West
C
z
- PURPOSE ACK
ate of CALIFORNIA
wnty of Los Angeles
July 22, 1992 before me, Lynette Foreman ,
DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC'
Nicholas M. Brown
rsonally appeared
NAMES) OF SIGNER(S)
Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he/she /they executed
rstss : : «�ssss : :..srs�s�sts * *�„ the same in his /her /their authorized
�.= OFF]ICIAL SEAL . capacity(ies), and that by his /her /their
LYNEiTE FOREMAN signature(s) on the instrument the person(s),
- �.- �TRYPUBM– CAUFOaNK • orthe entity upon behalfofwhichtheperson (s)
i NOTAW 80N0 FILED IN
,' .,,,,, ...,,,,— acted, executed the instrument.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Mooraark West
C
4
Gated: July 22, 1992 MOORPARK WEST
(T pe or Print Name of Developer)
l
BY NICHOLAS M. BROWN
Title GENERAL PARTNER
Dated: And By
Notarial Certificates Attached Title
DEVELOPER
CITY OF MOOWAW
Dated:
By
Mayor
ATTEST:
-5-
City Clerk
CITY
(SEAL)
a
0
V
CEgTTFICATE OF ACKNOWLEDGELIEU
(Corporation)
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
On this day of , 19 , before me,
'the undersigned, a Notary Public in and for said State, personally
appeared
personally known to me or proved to me on the basis of satisfactory evi-
dence to be the
(title)
of
(name of corporation)
and whose name is subscribed to the within instrument, and acknowledged
to
me that the corporation executed it.
WITNESS MY HAND AND OFFICIAL SEAL.
(SEAL)
Notary Public in and for said
County and State
eI
4
1
SL7R ETY B (D NI:) BOND NO. MC 10SO
MONUMENT S Premium $
KNOW ALL MEN BY THESE PRESENTS:
That
MOORPARK WEST
, as Principal, and
TOPA INSURANCE COMPANY
as Surety, are
held and fimly
bound unto the
City of
Moorpark, State of California, as Obligee,
in the sum of
FOUR THOUSAND
SIXTY
SEVEN DOLLARS
($ 4,067
) , . for which
sum we
bind ourselves, our heirs, executors,
administrators,
successors and
assigns,
jointly and severally by these presents.
The condition of the above obligation is such that:
WHEREAS, the Principal is the owner of City of Moorpark Tract No. .4789
which is subject to the requirement of having sufficient durable monuments to
confirm with the standards described in California Business and Professions Code
'Section 8771; and
WHEREAS, the Principal is legally obligated to cause said monuments to be set; and
WHEREAS, the Principal, as a condition to filing a final subdivision map on said
tract, is required pursuant to California Government Code Sections 66441 and 66498,
inclusive, to execute a bond guaranteeing payment to the registered civil engineer
or licensed surveyor for the setting of these monuments;
NOW, THEREFORE, if the Principal shall pay the registered civil engineer or
licensed surveyor for his services in setting the monuments for the above referenced
tract, then this obligation shall be null and void; otherwise, this obligation shall
remain in full force and effect, and, upon demand by the Obligee, Surety shall
pay to the Obligee the amount of this bond, and shall also, in case suit is brought
upon this bond, pay to Obligee court costs and a reasonable attorney's fee, to be
fixed by the Court.
!' Dated this 2 2 n D day of Jul
Notarial Certificate attached
Notarial Certificate attached
, 19 92
MOORPARK WEST
Name of Principal
B y i� ciYw -r+
—7
Title NICHOLAS M BROWN, PARTNER__
TOPA INSURANCE COMPANY
Name of Su ety
By ".4 zoo)-
Attorney -in -Fact CARL FISHER
Address 1800 Avenue of the Stars
City Los An�P� Ps
State Californiazip 90067
Telephone No. (310) 657 -7001
9
AC
State of CALIFORNIA
County of Los Angeles-
On- July 22, 1992 before me,
Lynette Foreman ,
DATE
NAME, TITLE OF OFFICER - E.G., •JANE DOE. NOTARY PUBLIC'
Nicholas
M. Brown
personally appeared
,
NAME(S) OF SIGNER(S)
❑Rersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
*
the same in his /her /their authorized
i OFFICIAL SEAL *
? LYNETTE FOREMAN
capacity(ies), and that by his /her /their
# .
signature(s) on the instrument the person (s),
p (
NOTARY PUBLIC — CALIFOPNIA *
NOTARY BOND FILED IN *
orthe entityupon behalf of whichthe person(s)
•' �•' LOS ANGELES COUNTY #
acted, executed the instrument.
My Commission Expires January 22. 1993 s
Witness my hand and official seal.
ftiititttttittttttttiittttt # # #ttt #t!
SIGNATURE OF NOTARY
I
4-
t
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
U
❑ CORPORATE
OFFICER(S)
TITLE(S)
6PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S) 4
y
❑ SUBSCRIBING WITNESS y
❑ GUARDIAN /CONSERVATOR
❑ OTHER: y'
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Moorpark West
ATTENTION NOTARY: Although the information requesterbelow is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
r
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t
i
®1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 - Canoga Park, CA 91304 -7184
_ I
r
ACKNOWLEDEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this day of , 19 before me
personally appedred Carl Fisher, n wn tjb me to be for proved
to me on the basis of satisfactory evidence) the Attorney -in -Fact
of Topa Insurance Company, and acknowledged to me that he
executed the within instrument.
In witness whereof, I hereto set my hand and official seal on
the day and year in this certificate first written above.
SEAL
t0I"CIICIAL
2, 1993
r
TOPA INSURANCE COMPANY
Power of Attorney
Know all men by these presents:
That, TOPA INSURANCE COMPANY, by Harry Petru, Jr, its President, in pursuance of authority granted by Resolution of its Board
of Directors at a meeting called and held on the 20th day of March, 1990, which said resolution has not been amended or rescinded
and of which the following is a true, full and complete copy:
RESOLVED: That the president or any Vice - President may from time to time appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company, and either the President or any Vice- President, the Board of Directors or Executive
Committee, may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be
it further
RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the
Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or
undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President
and sealed and attested by the Secretary.
does hereby nominate, constitute and appoint Carl Fisher, of Los Angeles, California, its true and lawful Attorney -in -Fact, to make,
execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ALL BONDS UP TO THE LIMIT OF $1,500,000 DOLLARS
IN WITNESS WHEREOF the said President has hereunto subscribed his name and affixed the corporate seal of the said TOPA
INSURANCE COMPANY, this 2"d day of January A.D., 1992
TOP URANCE COMPANY
By
resident
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 2nd day of January A.D., 1992 , before the subscriber, a Notary Public of the State of California, in and of the County
of Los Angeles, duly commissioned and qualified, came the above named Harry Petru. Jr. , President of TOPA INSURANCE
COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the same,and being by me duly sworn, deposeth and saith, that he is the said officer of the
Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that
the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Los Angeles, the day and
year first above written.
`OFFICIAL NOTAFY SE�qL� } • ,J f ,<: �
�A� LAURA L. HA
(SEAL) NNA Notary Public
Notary Public — California
LOS .ANGELES COUNTY
My Comm Ex Hres MAY 30.;�ar: My Commission Expires: 05/30/95
1, the undersigned, Thomas A. Dean, Assistant Secretary of TOPA INSURANCE COMPANY, do hereby certify that the original
POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Thomas A. Dean, Assistant Secretary, and affixed the
Corporate Seal of the Corporation, this 22day of July- 1992
�,_Velwa,a_ d. Jm�_
Thomas A. Dean, Assistant Secretary
-1
SURETY B (D NID Bond No. PIC 1049
.- GRAI-) TNG Premium $
KNOW ALL MEN BY THESE PRESENTS:
That MOORPARK WEST , as Principal,
and TOPA INSURANCE COMPANY , as Surety, are
held and firmly bound unto the City of Moorpark, State of California, as Surety,
in the sum of TWELVE THOUSAND TWO HUNDRED FORTY THREE DOLLARS
($ 12,243 _), for 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 is such that:
WHEREAS, the Principal has made application for Grading Permit No.
in order to perform grading and excavation of the premises known as
TRACT 4789 ; and
WHEREAS, the Principal, as a condition to being granted said Permit, is legally
obligated to comply with all terms and conditions thereof;
NOW, THEREFORE, if the Principal shall fully comply with all terms and conditions
of said Permit, then this obligation shall be null and void; otherwise, this obligation
shall remain in full force and effect, and 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 Permit in an amount not exceeding the said sum
above specified; and shall also, in case suit is brought upon this bond, pay to
Obligee court costs and a reasonable attorney's fee, to be fixed by the court.
The Surety does hereby consent to any and all alterations, extensions of time,
or other modification to the said Permit, the performance of terms and conditions
of which are secured by this bond.
� Dated this
22nd day of
Notarial Certificate Attached
July , 19 92
MOORPARK WEST
Name of Principal
By
Title NICHOLAS M BROWN PARTNER
TOPA INSURANCE COMPANY
Name of Surety
By
t CARL FISHER
Address: 1800 Avenue of the Stars
Notarial Certificate Attached City: Los Angeles
State California Zip 90067
Telephone No. (310) 657 -7001
I
UL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of Los Angeles
On July 22, 1992 before me, Lynette Foreman
DATE NAME, TITLE OF OFFICER • E.G.. 'JANE DOE. NOTARY PUBLIC'
Nicholas M. Brown
personally appeared
NAME(S) OF SIGNER(S)
❑ Ypyersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
s OFFICIAL SEAL ; the same in his /her /their authorized
fA''< LYNETTF FOREMAN * P Y( ) Y
.- . » ca acit les , and that b his /her /their
NOTARY PUBLIC — CALIFORNIA + signature(s) on the instrument the person(s),
NOTARY BOND FILED IN *
LOS ANGELES COUNTY orthe entity upon behalf of which the person (s)
«
* • acted, executed the instrument.
'rY Commission Expires January 22, 1993 •
*"** * * * *•� * * « + + » ; : « « « » « » » «,,,,,,,,; Witness my hand and official seal.
14 SIGNATURE Off NOTARY C
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
0 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 • Canoga Park, CA 91304 -71 B.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
❑ )PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Moorpark West
or tnis cenlTlcate io Unauinorizea aocument.
t
t -
f
t
UL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of Los Angeles
On July 22, 1992 before me, Lynette Foreman
DATE NAME, TITLE OF OFFICER • E.G.. 'JANE DOE. NOTARY PUBLIC'
Nicholas M. Brown
personally appeared
NAME(S) OF SIGNER(S)
❑ Ypyersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
s OFFICIAL SEAL ; the same in his /her /their authorized
fA''< LYNETTF FOREMAN * P Y( ) Y
.- . » ca acit les , and that b his /her /their
NOTARY PUBLIC — CALIFORNIA + signature(s) on the instrument the person(s),
NOTARY BOND FILED IN *
LOS ANGELES COUNTY orthe entity upon behalf of which the person (s)
«
* • acted, executed the instrument.
'rY Commission Expires January 22, 1993 •
*"** * * * *•� * * « + + » ; : « « « » « » » «,,,,,,,,; Witness my hand and official seal.
14 SIGNATURE Off NOTARY C
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
0 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 • Canoga Park, CA 91304 -71 B.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
❑ )PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Moorpark West
or tnis cenlTlcate io Unauinorizea aocument.
AMOIVLEDEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this day of , 19before me
personally appeared arl Fisher, known me to be Zo proved
to me on the basis of satisfactory evidence) the Attorney -in -Fact
of Topa Insurance Company, and acknowledged to me that he
executed the within instrument.
In witness whereof, I hereto set my hand and official seal -on
the day and year in this certificate first written above.
OFFICIAL SCAL
rT- u
Fr)--D,'. AN
NIA
F :1 !N s
-C' �.; eG�_-S COUNTY
ti; Cc ^.ri icr. E.tri;. =s January :2, 1993
TOPA INSURANCE COMPANY
Power of Attorney
1—' Know all men by these presents:
That, TOPA INSURANCE COMPANY, by Harry Petru, Jr. its President, in pursuance of authority granted by Resolution of its Board
of Directors at a meeting called and held on the 20th day of March, 1990, which said resolution has not been amended or rescinded
and of which the following is a true, full and complete copy:
RESOLVED: That the president or any Vice - President may from time to time appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company, and either the President or any Vice - President, the Board of Directors or Executive
Committee, may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be
it further
RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the
Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or
undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President
and sealed and attested by the Secretary.
does hereby nominate, constitute and appoint Carl Fisher, of Los Angeles, California, its true and lawful Attorney -in -Fact, to make,
execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ALL BONDS UP TO THE LIMIT OF $1,500,000 DOLLARS
IN WITNESS WHEREOF the said President has hereunto subscribed his name and affixed the corporate seal of the said TOPA
INSURANCE COMPANY, this 2nd day of January A.D., 1992
TOP URANCE COMPANY
By %
11 1 resident
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 2"d day of January A.D., 1992 , before the subscriber, a Notary Public of the State of California, in and of the County
of Los Angeles, duly commissioned and qualified, came the above named Harry Petru, Jr. , President of TOPA INSURANCE
COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the same,and being by me duly sworn, deposeth and saith, that he is the said officer of the
Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that
the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Los Angeles, the day and
year first above written.
OFFICIAL NOTARY SEAL
t �
f •': LAURA L. HANNA E
_m Notary Public
(SEAL) Notary Public — California
LOS ANGELES COUNTY
My Comm. Ex Tres MAY ac. ;sus My Commission Expires: 05!30(95
I, the undersigned, Thomas A. Dean, Assistant Secretary of TOPA INSURANCE COMPANY, do hereby certify that the original
POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Thomas A. Dean, Assistant Secretary, and affixed the
Corporate Seal of the Corporation, this 22 day of July_, 199 2
�2'AMWa4_ J, 'd'a,
Thomas A. Dean, Assistant Secretary
Bond No. MC 1053
Premium $1, 238.00
SURETY BOND
PERFORMANCE AND PAYMENT
WHEREAS, the City of Moorpark, State of California, and
MOORP , hereinafter designated as
Principal, have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
July 22, --
19 92 and identified as project
TRACT 4789 '
is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement, to furnish
a bond for the faithful performance of said agreement;
NOW, THEREFORE, we the Principal and the undersigned, as corporate surety,
are held and firmly bound unto the City of Moorpark, hereinafter called "City",
in the penal sum of ONE HUNDRED ELEVEN THOUSAND SIX HUNDRED SEVENMODVARS
($ 111,674.00 ) , lawful money of the United States, 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 secure the claims to which reference 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 agreement and referred to in the aforesaid Civil Code in the like sum of
67O4N00 ;
HUNDRED ELEVEN THOUSAND_ SIX HUNDRED SEVENTY FOUR DOLLARS ($111,674.00
for materials furnished or labor thereon of any kind, or for amounts due under
�- 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 contractor and his subcontractors
pursuant to Section 18806 of the Revenue and Taxation Code, that said surety will
pay the same in an amount not exceeding the amount hereinabove set forth, and
an
A._ 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 taxed 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 shallbe 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 July 29, , 19 92
Notarial Certificate Attached
R
Notarial Certificate Attached
,4
MOORPARK WEST
Name of Principal
By
Title NICHOLAS M BROWN, PARTNER
TOPA INSURANCE COMPANY
Name of Surety
By ao�v�o)
Attorney -in -Fact , CARL FISHER
Address:1800 Avenue of the Stars
City: Los Angeles
State: California Zip 90067
Telephone No. (3 10) 657-7001
-2-
- -ALL -PU
State of
Count<
RPOSE ACKNOWLEDGMENT
if
personally appeared / / ' `� ,
NAME ) OF SIGNERS)
kersonally known to R - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
«++ '¢ *'•- * * * * # * *••�• + * *• * +• + * * """' knowledged to me that he/she /they executed
orFIcIA[ seat * the same in his/her /their authorized
LYNETTE FOREMAN * capacity(ies), and that by his /her /their
r _ ? N07i -lY PQ2LI; —Cal I.ORNIA
;T, 2Y 3-40 c.! Eo .ra signature(s) on the instrument the person(s),
L c�tiGELES COUNTY or the entity upon behalf of which the person(s)
!iry cry •n: s r Ey.wes jaoixy 22. 1993 acted, executed the instrument.
sssr-. xsszssssssnssskx +ts��rrswrlsypA�i
Witness my hand and official seal.
SIGNATURE OF NOTARY
.. r
f
J
t
f
Z
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR �NTITY(IES
ACKNOWLEDEMENT 'OF SURETY
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
- day- of 19 before me
personally appeared Carl Fisher, cn wn o me to be proved
to me on the basis of satisfactory evidence) the Attorney -in -Fact
of Topa Insurance Company, and acknowledged to me that he
executed the within instrument.
In witness whereof, I hereto set my hand and official seal 'on
the day and year in this certificate first written above.
�eeeaeestetettttttt #���� ;� #tttt #vets
OFFICIAL SEAL`
LYNETTE FOREMAN '
t NOTI RY PUT L1 C-- CAL!FORNiA t
NOTARY eCND FILFO iN }
ANGELES COUNTY
t MY Commission Expires January 22, 1993
+.
TOPA INSURANCE COMPANY
Power of Attornev
Know all men by these presents:
That, TOPA INSURANCE COMPANY, by Harry Petru, Jr. its President, in pursuance of authority granted by Resolution of its Board
of Directors at a meeting called and held on the 10th day of March, 1990, which said resolution has not been amended or rescinded
and of which the followiM is a true, full and complete copy:
RESOLVED: That the president or any Vice- Presidem may from time to time appoint BOa dsoi Directors pr set and
act for and on behalf of the Company, and either the President or any vice- President,
Committee, may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be
it further
RESOLVED: That the Attomeys -in -Fact may be given full power to execute for and In the name of and on behalf of the
Company any and air bonds and undertakings as the business of the Company may require, and any such bonds or
undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President
and sealed and attested by the Secretary.
does hereby nominate, constitute and appoint Carl Fisher, of Los Angeles, California, its true and lawful Attorney -in -Fact, to make,
execute, seal and deliver tar and on its behalf, as surety, and as its act and dead:
ALL BONDS UP TO THE LIMIT OF $1,600,004 DOLLARS
IN WITNESS WHEREOF the said President has hereunto subscribed his name and affixed the Corporate seal of the said TOPA
INSURANCE COMPANY, this 24' day of .lulu A.D., 1992
TOP URANCE COMPANY
By
resident
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 24" day of July A.D., 1992 , before the subscriber. a Notary Public of the State of California, in and of the County
of Los Angeles, duly commissioned and qualified, came the above named Harry Petru. Jr.— President of TOPA INSURANCE
COMPANY. to me personally known to be the Individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the same,and being by me duly sworn, deposcth and saith, that he is the sold officer of the
the saidtCorpora a Seal and his signature fas sou h to the officer ewere duly affixed tand h subscribed to the said instrument bytthe authority
and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Los Angeles, the day and
year first above written.
OFFICIAL NOTARY SEAL
LAURA L HANNA
(OW Notary Publio— Galifomia Notary PubtiC
(SEAL) LOS ANGELES QOUNTY
Comm. E)praa MAY 30, IW3 My Commission Expires: 05/30/05
I. the undersigned, Thomas A. Dean, Assistant Secretary of TOPA INSURANCE COMPANY, do hereby Certify that the original
POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in lull force and effect.
'-' IN WITNESS WHEREOF, I have hgr8unto subsGribld my r><;A1e 2s Thomas A. Dean, Assistant Secretary, and affixed the
Corporate Seat of the Corporation, this L y day of J Y_,. _�lz� -� t/lu- /� AOL,,,
Thomas A. De n, Assistant Secretary