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HomeMy Public PortalAbout1997-06-02 Released Bond - Grad Agmt & Bond - Southern Calif College of Optometry NOTICE OF COMPLETION AND RELEASE OF SURETY COMPLETION DATE: PROJECT ADDRESS: SOUTHERN CALIFORNIA COLLEGE OF OPTOMETRY-2575 YORBA LINDA BL PROJECT NAME SURETY BOND #3sm908 867 00 FOR $7,400.00 08-17-98 DE SCRIPT ION RELEASE OF A SURETY BOND POSTED TO ENSURE PROPER GRADING AT 2575 YORBA LIl~DA BL. CERTIFICATION: This project has been completed in a satisfactory manner. B-3i-98 DATE ~~ /~ /~-- DEPARTME T HEAD IN ACCORDANCE WITH CITY COUNCIL RESOLUTION NUMBER 5675, THE ABOVE PROJECT HAS BEEN COMPLETED AND THE CITY CLERK IS HERBY AUTHORIZED TO FILE A NOTICE OF COMPLETION ANDIOR RELEASE THE SURETY HELD THEREFOR. Jim Armstrong City Manager NOTICE FILED DATE 8/31/98 SURETY NOTIFIED ~ 7 - ~ 0 DATE 9-9-98 :.Crl ,~/~ Copies Audrey Culver 1-Department Fullerton City Clerk 1-Administration 2-City Clerk 1-File • September 9, 1998 American Motorists Insurance Company 7470 N. Figueroa Street Los Angeles, CA 90041 The City of Fullerton is hereby releasing surety bond #3SM908 867 00 in the amount of $7,400 covering grading for a new Library/Lecture Hall at the Southern California College of Optometry. This project has been completed in a satisfactory manner. Audrey K. Culver, CMC/AAE City Clerk Carol Wiech ;~ , ~ , ~ ~ Y ~~;; ~~: Richard L. Hopping, President 2575 Yorba Linda Blvd. Fullerton, CA 95831-1699 Development Services Department BOND I30: 3SM908 867 00 PREMIUM. $148.00 SURETY BOND FOR • Grading for Southern~California College of Optometry, Plan Check DIo. 97-01158 THE UNDERSIGNED principal and Surely hereby jointly and severally hold and bind themselves unto the City of Fullerton, a Municipal Corporation, in the sum of Seven Thousand Four Hundered and no/100 un rP_ no/109 ($7400.00 ) 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 19 in favor of said City, a copy of which has been received by the said Surety; NOW, THEREFORE, if said Principal shall fully perform said agreement within time therein provided, oz 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 is Fullerton, California, in accordance with the terms of said agreement. Executed this 2nd day of June, 1997 PRINCIPAL . Southern California College of Optometry (Corporate, Firm of Fictitious Name) 1997 . Am~rican D9otorists Insurance Company (Corporate Name) By G B .~~ (Signature of Office, ~ tner (Signature of Officer) or Proprietor) ~ Richard L. Hopping C.K. Nakamura ~ix~~~ President •Attorney-in-Fact (Official Capacity) (Official Capacity) (A certified copy of the resolution of the Board of Directors showing authority to execute for Corporations must be attached.) 2575 Yorba Linda Blvd. Fullerton CA 95831-1699 Mailing Address of Principal 3 SM 908 867 00 Bond Number 7470 N. Ficrueroa St. Los Angeles CA 90041 Mailing Address of Surety AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 .POWER OF ATTORNEY 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 C.K. Nakamura C.G. Grasso, E.S. Albrecht, Jr. 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, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: Southern California College of Optometry Bond No.: 3SM908 867 00 Penal Sum: $ 7,400.00 Name of Obligee: City of Fullerton Descripfion: Grading bond for new Library/Lecture Hall for Southern California College of Optometry 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, c~ieck, drat`t 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 sef forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakin sin 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 xecuted and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. ~IS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31 1997. This Power of Attomey 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 Presider or any Vice President, or their appointees designated in writing and filed with the Secretary or the Secretary shad have the power and authority to appoint agents and attpmeys~n-fact, and to authorize them to execute on behalf of the Compan ,and attach the seal of the Company thereto bonds and undertakings, reoognizances, contrails of indemnity andyother writings, obligatory in the nature ther+eot; and any such officers of the Company may appoint agents for acceptance of process " This Power of Attomey is signed sealed and certified by facsimile under and by authority of the following held on~the 23rpd~day of~Februeacery~,rv1988~~~ of the Board of Directors of the Company at a meeting duly called and "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees des' rated in writi and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and bons by the 5e~tary. may be affaed by facsimile on any power of or bond executed resolution adopted by the Executive C.oriuniftee of the Board of Directors on F ry 23 1988 and any sued, nptothwer so execxrted, sea~ea 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 Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 19 93 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY o rt amen, Secretary emper, ec, ice rest en NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. STATE OF ILLINOIS COUNTY OF LAKE ~ I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President ahd 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 free and voluntary act for the uses and purposes therein set forth. Irene Klewer, Notary Public CERTIFICATION ~ ~o~aN. ~iu.• - ~ rw q.w - ~ Meer~rtefS,fYrriar ~ w~e.Mw. eM..,4-rt. - ~~.~.~/ My commission expires: 1-28-98 I, J.K. Conway, Secretarryy of the American Motorists Insurance Company, do hereby certify that the attached Power of Attomey dated July 26, 1993 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemppeer III and Robert P. Hames who executed the Power of Attomeyy as Exec. Vice President and Secretary respec~Five~y were on the date of the execution of the attached Power of Attomey the duly elected Exec. Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and a~fixed the corporate s@~ of the American Motorists Insurance Company on this 2n day of ~e , 19 ~ ~~ J. K. Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL (847) 320-2160. FM 362-10 5-91 Power of Attomey -Term PRINTED IN U.S.A. • • CALORNIA ALL-PURPOSE ACKNOWL~Q NT State of California County of Los Angeles On June 2, 1997 before me, Harriet Lambell, Notary Public, personally appeared C.K. Nakamura personally 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the • instrument. WITNESS my hand and official seal. MYCor,.,- unry '~'' A1oy.'.!7.?fy'~'- 't •a„~,. ~~...J a :~~~T~ C HARRIET Lq~~rr~ L . , , ~}~ PuF ,~ • CA~.IFORNIA ALL•PURPOS~CKNOWLEDGMENT • State of ~.9.C~ Fo,~rtl~~9 County of D.eAAlCr~' On ~viVE .3 /999' before me, !-R7~¢~~~A ~~YE ~u~~ie S , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared ~Ci~~~iQRD .(. ~a /°Pi Nfr' , NAME(S) OF SIGNER(S) LA1 personally known to me - OR - ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aye subscribed to the within instrument and ac- knowledged to me that he/9I<te/try executed the same in his/I^r~"r/#-f~~+~r authorized capacity(tes), and that by his/'I}e~/t-l~e'+~ ' ~-~S c signature(s) on the instrument the person(, caa~rra,~ >>;xisi2 rao~rllae-cal~orrda ~ or the entity upon behalf of which the ~,*,~,,~ ,~)c„ ~ person(s) acted, executed the instrument. WITNESS my hand and official seal. No. 5907 NATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER ~.QFSi 1~E~t/T TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY"(IES) cSoyTllLSitIV ~.~/;~G,tt!/~ CfiLLEGF CF OPTo/~ET.t,~ DESCRIPTION OF ATTACHED DOCUMENT sve E T-y f3o ~ ~ ~ ~~~ o TITLE OR TYPE OF DOCUMENT 3 -- NUMBER OF PAGES J-uitrE' a, 19p~' DATE OF DOCUMENT /y0/(~~ ~iP ~iP/~/C/~iQ1 SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 . SOUTHER•ALIFORNIA COLLEGE OF OPTOMETRY LEADERSHIP IN VISION CARE ~& ED!lCAF(ON 2575 Yorba Linda Boulevard • Fullerton, California 92831 714/449-7450 • Fax 714/526-3907 RESOLUTIONS REGARDING AUTHORIZATION OF PROJECT WHEREAS, the Board of Trustees of Southern California College of Optometry (the "College"), as well as the Executive Committee and other Committees of said Board, have previously authorized, approved or endorsed proceeding with some or all of the following: the proposed classroom library building and parking structure project, the renovation of certain existing campus buildings and facilities, the purchase of the adjacent fire station parcel, and/or the acquisition and renovation of student/faculty housing units adjacent to the College campus (collectively the "Project"); and WHEREAS, the scope and definition of the Project has been refined and amended slightly over the course of the last few months in the context of the California Educational Facilities Authority tax exempt revenue bond financing (the "Bond Issue"); NOW, THEREFORE, BE IT RESOLVED, that the College proceed to construct and acquire the Project as described in and permitted under the final documents executed and delivered in connection with the Bond Issue; • RESOLVED FURTHER, that the President of the College and his designated agents, each acting jointly or severally, are hereby authorized and directed to execute and deliver any and all documents which he or they may deem necessary or desirable in order to pursue the construction and acquisition of the Project as described in and permitted under the final documents executed and delivered in connection with the Bond Issue, and otherwise to effectuate the purposes of the foregoing resolutions, in such forms as such officer or officers may approve, such approval to be conclusively evidenced by his or their execution and delivery of the same; and RESOLVED FURTHER, that all prior actions of the President of the College and of any other officers or agents of the College, including, without limitation, the execution and delivery of contracts, agreements or other instruments, relative to the construction and acquisition of the Project, as described in and permitted under the final documents executed and delivered in connection with the Bond Issue, are hereby ratified, confirmed and approved; and RESOLVED FURTHER, that all prior resolutions of the Board, or any committee thereof, relative to the authorization, approval or endorsement of the Project, which resolutions were subject to the review and comment) approval of the Finance Committee or the Executive Committee, be amended to eliminate the requirement for such review and comment approval by either committee; provided, however, that notwithstanding anything set forth above, the substance of any final agreement for the purchase and sale of the fire station parcel adjacent to the College campus shall require the prior approval of the Board of Trustees or Executive Committee thereof.