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HomeMy Public PortalAbout1978-08-31 Accept and Comply Agmt & Bond - Highland Meadowst ~ ~' 1 / I ~. _ y GREEMENT Z u ACCEPT AND COMPLY WITH CO1vliITIONS OF ~'V ~~a ~~~~ ~A A\LOT DIVISION OR USE PERMIT DESIGNATED AS THIS AGREEMENT made at Fullerton, California by the undersi.g:ned in favor of the City of Fullerton, a Municipal Corporation, to accept and comply with the above-mentioned permit. W ITN E S S E T H IN CONSIDERATION of the premises, and the permission of said City to improve the real property described in said permit as therein specified upon condition that the undersigned would comply with all of the conditions, provisions and requirements ref erred to in said permit, or would execute an Agreement to do so, secured by a bond, before a building permit would be is- sued for any of the private improvements upon said property, the undersigned hereby agrees: 1. That he hereby accepts, and agrees to comply with, each and every condition, provision and requirement contained, or ref erred to, in s id permit, granted and issued by Resolution No. ~1~ ~Z- of the Fullerton c`L... ` ~ ._._ ss~ , adopted ~( Z ,E. , 19~ c 2. That within ~.~~ ~ (~~ ~- after the date of this agreement, the undersigned wi~l urnis install, complete and pay for all of the public improvements specified or ref erred to in said Resolution and all of the fees, engineering costs and overhead expenses of said City in connect- ion therewith, including any, and all, of (a) The grading and paving of streets and alleys, the construction of concrete curb, curb and gutter, cross- gutters and sidewalks, the installation of storm drainage and sanitary sewerage facilities, the underground conduit street lighting system, the street name signs, the parkway trees, and the appurtenances and contingencies, shown on the improvement plans filed with said City for said permit, all in accordance with said plans and the standard specifications and drawings of said City on file in the office of its City Engineer for such improvements . (b) The on-site and off-site water mains and related facilities in and to said property shown on the plans there- for, approved by the manager of the Municipal Utilities De- partment of said City, all in accordance with said plans and the provisions of Chapter 12.04 of the Fullerton Municipal Code. 3. That he will pay to said City a sum equal to the reasonable value of any legal services rendered to it in any action upon this agree- ment in which a judgment is entered in favor of said City, and that any such sum may be fixed by the Court in any such action and added to any such judgment. Executed on 3 ~ 19 ~' . (A certified copy of the Resolution of the Board of Directors showing authority to execute for a Corporation must be attached ) 8/71 PW-22 Rev. PRINCIPAL ~ ~ R _ ~ ~C~S- ~- ~ 1 ~Cs+~c'Tr orp rate, firm or fictitious name ~.. _ ~~.~ Si nature o Of icer, artner or Proprietor) 0 icia Capacity Complete Mailing Address of Principal) AFP''' ... .... ,.. »......,.w 1` f.. ., ... - 1 ~ .. .V~i // .This bond i s issued i n counterparts. SURETY BOND FOR HIGHLAND MEADOWS, A LIMITED PARTNERSHIP THE UNDERSIGNED pr inc ipa 1 and Surety hereby jointly and sever- ally hold and bind themselves unto the City of Fullerton, ~ ~~r~}~ipal Cor oration, in the sum of SIXTEEN THOUSAND SEVEN HUNDRED ~~I/~~lars P ($ 16,700.00 ) to be paid to said City upon demand, together with reasonable attorney fees in any suit upon this Bond. The condition of the above obligation is such that whereas said Principal has executed a written agreement dated - 31 19?~, in favor of said City, a copy of which has been recef ed by the said Surety; NOW, THEREFORE, if said Principal shall fully perform said agreement within the time therein provided, or any extension of such time not in excess of three years granted by the City, any such extension without notice to or consent of the undersigned being expressly hereby authorized, then the foregoing obligation shall be null and void, otherwise it shall remain in full force and effect and said payment shall be made to the said City at the City Hall in Fullerton, California, in accordance with the terms of said agreement. Executed this 8th PR INC IP AL day of SEPTEMBER 19 78. SURETY HIGHLAND MEADOWS, A LIMITED PARTNERSHIP SURETY INSURANCE COMPANY OF CALIFORNI,~ (Corporate, Firm or Fictitious (Corporate Name) Name ) (Signature of Off i:c r,Y Partner or Proprietor ) (Official Capacity) (Signature of Officer ) Neal L. Witt Attorney-in-Fact (Official Capacity) (A certified copy of the resolution of the Board of Directors showing authority to execute for Corporations must be attached.) 000558 1085 N. Main St.. Oranges; CA Mai 1 ing Address of Pr inc ipa 1 STA'T'E OF CALIFORNIA COUNTY OF ORANGE Bond Number 2250 W. Whittier Blvd., La Habra, CA Mailing Address of Surety On this ...................8th..............................day of.................SEPTEMBER...........----------......-------------~ 19....78---------~ before me personally came ...............................................................HEAL---.L ~..._ WI TT to be known, ~tirho being by me duly sworn, did depose and sayT : that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instt~timent is such corporate seal; that it was so affixed by authority ~rantecl to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. jmmmunnunnmunmumm~numm~nnunnmunnnmm~unmimmunnnuunnmm: - ,.~~ ° OFFICIAL SEAL = __ E. MADELAINE FRIEDMAN = r •' m NOTARY PUBLIC CALIFORNIA i - ..~ ..... ........ ... .............. .......... ...... ~/!~i!'~~I~~'i.~""~ ~~ ... c-% ~~~''~' ° PRINCIPAL OFFICE IN € (Notary Public) _ ~ ~~ '~~• R `' GRANGE COUNTY = My Commission Expires Aprit 5, 1982 unnuwonumuumm~uuwmununumownom~uuuui~uouu~~uunu~uun~~,~~~~~~~~~~~ s 51 Q-Ol ~uret ,~. ~ura~tce Con~t a,~t o ~a~i or~tia ~ p ~ HOME OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra, California 90631 ~~ CERTIFIED COPY OF POWER OF ATTORNEY Knvrv a~~ ifte/L 6~ t~ieee pre~ent~: That Surety Insurance Company of California, a California Corporation, having its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the au- thority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint NEAL L. WITT of LA HABRA, CALIFORNIA its true and lawful a ent and attorne --~---------------- g y-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to a~it Indemnity, Surety and undertakings that ~mray be desired by contract, or may be given in any action or proceeding in any court of law or equiiy; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official bail and surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN WITNESS WH~urety Insurance Company of California has caused these presents to be signed by its duly au- thorized office , d ~a,,te seal to be hereunto affixed this 18th day of OCTOBER 19 77 a „° g $3' t p SURET IN ANCE CO ANY OF CALIFORNIA ~~~ By - - ------------- - ---------------- ----------------------- --~~--r~-~i ` John F. Merrill ~ ~ ~ ~ ~ ~ President ~,h STATE OF CA~~01~)~iA F SS: COUNTY OF ORANGE On this 18 day of OCTOBER A.D. 19 7? before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. _ r7 .__.~ ~ ~~~ G -, ~ ~ Nota Public NOTARY PU~i_(C - C~~L?r0ii„'.A )I ('` to i ~~ - ~~ ' ~ ~ ~,U~ JTY - ~.~-..- _ -~. -.,-_ r ...-_ . ~ _~~ 2250 W. Whittier 61vd., La Habra, CA 90631 My Commission Expires FEB'. 4, 1981 CERTPFICATE I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the ~`"~~` Th bond is issued in SURETY BOND 3 counterparts . FOR THE UNDERSIGNED pr inc ipa 1 and Surety hereby jointly aMnd sever- a 1 ly hold and bind themse lv~eo~r,tunt~r he it ofd ~l ~e,~rt~.~,drect unic ipa 1 Cor oration, in the sum of Y ~~d~$ ~~} g Dollars ($ X43, 800.00 ) to be paid to said City upon demand, together with reasonable attorney fees in any suit upon this Bond. The condition of the above obligation is such hat whereas said Principal has executed a written agreement dated ~ ~ j 19~7~ in favor of said City, a copy of which has been rece ved by the said Surety; NOW, THEREFORE, if said Principal shall fully perform said agreement within the time therein provided, or any extension of such time not in excess of three years granted by the City, any such extension without notice to or consent of the undersigned being expressly hereby authorized, then the foregoing obligation shall be null and void, otherwise it shall remain in full force and effect and said payment shall be made to the said City at the City Hall in Fullerton, California, in accordance with the terms of said agreement. Executed this 30th day of AUGUST 19~. PR INC IP AL SURETY HIGHLAND MEADOWS, A LIMITED PARTNERSHIP St1RETY INSURANCE COMPANY OF CALIFORNIA (Corporate, Firm or Fictitious (Corporate Name) Name ) (Signature of Of er, Partner (Signature of Officer) or Proprietor) Neal L. Witt (Official Capacity) Attorney-in-Fact (Official Capacity) (A certified copy of the resolution of the Board of Directors showing authority to execute for Corporations must be attached.) 000537 Bond Number 1085 N. Main St., Orange, CA 2250 W. Whittier Blvdo, La Habra. CA Mailing Address of Principal Mailing Address of Surety -,~.-, A~: .. ji: .. _. ~.~ ~ .. ~ _ __ _ STATE OF CALIFORNIA COUNTY OF ORANGE On this .................30th..........................---day of........................AUGUST.--------------............................, 19.....78....----~ before me personally came.. .....HEAL... L.~....WI TT .......................................................................................... to be known, ~vho being by me duly sworn, did depose and say : that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows 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 accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. ~nnnnmmnnnnmmmmnmommmmmnnnnnnnmm~n nnnnnmeuumnnnnn~ OFFICIAL SEAL ~~ . __ E. MADELAINE FRIEDMAN _ ~°~~ ~ NOTARY rUBLIC CALIFORNIA p PRINCIPAL OFFICE IN -e_ ~;,.__~~~ ORANGE COUNTY ~ - .. a-,~-~ _. ...... (Notary Public ) My Commission Expires April 5, 1982 510-01 ~mmmunnrnnnnnm~m~umrunuuuuwiwniunuwnuu~uw~uwuuuuuuuuuwuw ~uret ,~ fura~tce Con-t a,rt o~~ ~'a~i or~rtia ~ p ~ ~ HOME OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra, California 90.631 ~ ~ CERTIFIED COPY OF POWER OF ATTORNEY - KKOW cr~~ iKeit 6~ t~ieeQ pre~enE~: That Surety Insurance Company of California, a California Corporation, having its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the au- thority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint NEAL L. WITT of LA HABRA, CALIFORNIA - - ----------------- its true and lawful a ent and attorne ------------- g y-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to R~it Indemnity, Surety and undertakings that mray be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official bail and surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN WITNESS WHER~~ Surety Insurance Company o thorized office,°`°d~~ ~~"°rat~e seal to be hereunto 3 ~ ~. ~~ ~~. STATE OF CA )~Id COUNTY OF ORANGE ~ ~ ~~ SS f California has caused these presents to be signed by its duly au- affixe d this 18th day of OCTOBER 19 7? SURET IN ANCE CO ANY OF CALIFORNIA By - - --------- ---- ----------------------------- ---------------------------- ------~'~---------------------- John F. Merrill President On this 18 day of OCTOBER A.D. 19 77 before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, 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, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. -~ ------- -------- ------ -- ----------- ' - -- '---- ---- --- ------~-- ----- -- --- ---ry- ~ ~ Nota Public S ~~~ OF.~ zC i /~a ~ J'L^ATM~ ~ ~ ~ ,,~ ' - ~ , -, ~~ I ~ E - ~)• I~JOTARY PUBLIC - C~,L1FOi;~J:A ,I \ ' ` ,% ~U~ JTY 2250 W. Whittier Blvd., la Hamra, CA 90631 My Commission Expires FEB'. 4, 1981 CERTPFICATE I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section ?(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company August ~0, 1978 this-------------------------------------------------------------------- - / (SEAL) ------------------- - --- -- --- - ---- -/--- --- - -------- ---- -- ----------------------------- Secretary 560-05-3 l REV. 4/78 )