Item 17 - Acceptance of Public Improvements and Releases of Securities- TPM Nos. 17006 and 82-01, James and Mary McAffee and John and Kathryn Voris} GENDA REPORT "'t
CITY CF'.POWAY
` This report is included on the Consent Calendar. There will be no separate discussion of the �y
i report prior to approval by the City Council unless members of the Council, staff or publicE �op�
x request it to be removed from the Consent Calendar and discussed separately. if you wish to IN
have this report pulled for discussion, please fill: out a slip indicating the report number'
and give it to the. City Clerk prior to the beginning of the City Council meeting.
s
Mf Honorable> Mayor and MMd=s of the tY council
FRS: Jam L. Bocaersox, City Manager
' TED BY Alan. D-0, Archibald, Director of c Services/City En
Nnoy T. Basu11, Assistant Civil Engineer C'
DAME: August 19-, 1986;
SXT': AcceEance of Public Impravemeats and Release of Securities: i
TPM Nos.- 17006 and 82-01, James and Mazy McAffee, and John
and Kathryn Voris
� ` BACOt7ND .
r_
Tie developers of the: above: subject subdivisions have notified the City, of
the completion of public that were covenants to said subdivisions,
and thereby have requested the acceptance of such improvements and the release
of appurtenant securities or bonds.
Tie subdivisions, are located in Garden Road, as shooai in the attached vicinity
map (Attachment A).
Tentative Parcel, Map Nos. 1-7006 and 82-01 are both four -parcel Subdivisions
that were recorded respectively as Parcel Map Nos. 13362 and. 13536
The public me is that were- c.:ompleted are' i rovernts to .Road,
and ri- -� �' tions of meter and sewer "mains, as shown in City of Porgy drawings
dated. SeP 24, 1982 ` and September 28 1984. Allfees and/or. cizarges have
been. paid, as plans have been suhmitted, and; warranty bonds have been
posted (Attachment B) .
Rn���vDA�rlc�t
it is rec mmax ed that the City Council accept as carplete the public int
proand authorize release of the following securities
1. Irrevocable hotter of Credit -No. 09460 (Attachment C) 843,140.00
2. Irrevocable Letter of Credit. No 09-430 {Attar jment D) $25,800.00
Attacmp..nts (4)
ACTION:;
AUG 19 1986 ITEM 17
1. of 19
2 of 19
t
(gid No. 1094416.
_
WARRANTY BOND
Premium $200.00
GARDEN ROAD STREET IMPROVEMENTS FOR
t -TENTATIVE PARCEL MAP 92-01-
WHEREAS,
- 1WiEREAS, the City Council of the City of Poway, State of California,
hereinafter 'referred to as "city", and James L. and Mary S. Mc Afee
,.
hereinafter designated as "principal", have entered into an a • '
greemeiat whereby
principal agrees to install and complete certain designated public Ir ts,
which said agreement, dated , i9®, and identified as
Garden Road Street Improvements for Tentative Parcel Map 82=01.
is hereby referred to and made a parthereofr and '
WHEREAS, said principal is required under the terms of said agreement. to
furnish a bond which will guarantee and warrant the work performed under said
agreement. _
NOW, THEREFORE, we, the principal, and AMWESTSURETY INSURANCE COMPANY
1400 6th Ave. #209 San Die o CA 92101 ,
surety, are held, and, firmly bound unto City in the penal sum ofOne thousand
seven hundred twenty and no/100------------------ �_-------------
dollars (S 1, 720.00 ) , lawful money of tine United States, for the
payment of this bond obligation, - we bind ourselves, our heirs, successors,
executors and administrators# jointly and severally.
The condition of this obligation is such that, if the abav&*bounded
principal, his or its heirs, executors, administrators, successors, or
assigns, shall in all things agree 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 therein provided, on his or their part,
to be kept and
p performed at the time and in the manner therein ;specified, _
and in all respects according to their- tru=intent.and.
meaning, and shwa
... c;
Ind y and save harmless the City, of'Poway, 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.
The: surety hereby stipulates and agrees to!
guarantee: the warranty of
the work performed under the terms of theagreement as hereinafter provided
for a period of one (1) year following the
completion and .express accep-
tance by City, against any defective work or labor done, or, defective
materials furnished in performance of the agreement with the City all as more
Particularly set forth in paragraph 9 of said agreement.
Surety agrees that it will pay the amounts due City and diligently perform
the agreement upon principal°s default after notice and within the tip
specified in the agreement. If principal :fails to
P perform within the times
specified in the; agreement, surety will promptly on demand deposit with City
such amount as City may reasonably, estimate as the cost of completing all of
Principal's obligations. Surety's obligationfor payment herein shall extend
notwithstanding any controversy between principal and City regarding principal's
(4/84) 'Warranty Bond - l 'of 3
AUG -19 1986 ITEM 17
3 of 19 ATTACHMENT B
4
.. - , ,. _ .. ... _.. � _....-, _ ....-..,t ..,...... .. -, ._.;.
a SQA RBANTY" BOND
Page 3
Any claims under this bond may be addressed to: (check one)
Surety's agent for .`service of
Process in California:
)AMWEST SURETYINSURANCE COMPANY'
Surety Company
P.O. Box 4500
Name Street Number:
Woodland Rills, Ca 91365
Street Number_ City and State
619-233-5893
City and. State Telephone Number
By
Telephone Number A torney s Pact or
resent ive)
•
San Diego
STATE OF CALIFORNIA, COUNTY OF ss.
5/30/86
On , before me a Notary Public, within and for the said
County and State, personally appeared Joanne Burdette known •
to me (or proved to me on the basis of satisfactory evidence) to be the person. whose name
is subscribed to the within instruments- as the Attorney in Fact of and for the AMWEST SURETY
INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST '.
SURETY INS RAN 0 • a_ -i= to as Surety, ac .hid own name as Attorney in. F
J +��. u /t f' /1 moi.
5of19
officukt.stm..
BONNIE K. McGUIREMart Pubic-Oblifungs.
Principal afiiato
Sae Dim County
My Comm. Ems. *ane 15„ 1987
NOTARY PUBLIC
dua near oonas w3.1.ne Limited to such amounts as ' would be -acceptable: to the
Treasury Department.:
(NOTICE: No substitution or revision to this bond form will be accepted.)
2/83
Warranty Bond - 3 of 3
AUG 1.9 1986 ITEM 17
. C-b-MRAL ACKNOWLEDGMENT
seeew.-I Beep
7 -,
State of Californi On this the 3 0 bay.of ,ay 19 , befo.S San Diego`
1
_ county of
the undersigned Notary Public, personally appeared
i= 20 personally known tome
® proved tome on the basis of satisfactory evidence
to ho tha narenntcl whnca nnmobtl �etihnnrihed to the i
t Ahllli m SURETY WSURANCE CO.
P.O. Box 4500'`
Woodland Hills, CA 9136IRL
••
1
(� t `'
KNOW ALL MEN 8Y' THESE PRESENTS! fiat_Ai�tW SttRIRY INStJAAN , �l�P &A * - UFOAf1tA; .OR RATION -
does: hereby makes constitute: and appoint. ?.' �„i ,r w•� � �,.
.t iTt7tl 8ut�dstia. �:_'�`�'�•��ti'�•. . ��n;,,:� •,i:r+
its true; and lawful Attomay(SN't-Fact with full pawet: and authority ta�and:ac tsihslt: cfQ3M contpanY gs auMys, to execute and
deliver AM affix the seal of the compatiyt2MtetOil:"
s.af is other wtittettGbllga•timets In the nature therust c as toilowt aft } �j �.,.-t;*,;•T
• T:`tet wT q+a�a y''' L• •a� ^J ,a'fr-:.
ry
4
t and to hind Ali1V M SURETY INWRANCECOMPANY ttt�. artd alt otthp advat l" pureusett'to these
p1rMNtla. ars hereby faUtfed snidmtlfttjadd�?hlaappointttlstt rtdt tedw r sforttta£ttta
Laws of the CA11 penyt
��.tTrs.,•• !
Article tf.Sean70 1 fotCi. .Rif1d^eif"l•0
y
�:.A`}•�-fA.H=�•'� ��}���J !Sri. i� y.
. This Pass of Acteinw r:dp aha. aw Cy bcsitnilsuttda ar tn. wtttoiit�t;of tnstttlicwi neowtians_adapead i . ?
A[IAYItE3TR!}Y`f a mNliltQ
nsatot�
the board of � w �t. may. �ttf� t y' �iY+ . 2w • .ttF.i � Dt •:ss;'1
tm eeua'
hEaat 092
;MqeotiQ NtedtoteImeaYa ortMf•ra�.
at mentin forp,ndanWtte to' teanfdefmandaNxt1wsesof '�'• E.
`.;
4+ 4„t. •: -
usndartsithtps,, and att�lYsttit9eDUQatt4!p4*Ahfnds;•a:ldst+idoff(wes r�rttorsattlisu�h'titfatttr4xa�"„e.w.„"'��.
tttfasetCl� qk-atlanw :r ft�adid., .•..,, esar . 4
Fitt E th !bonaaking• r _ }ilel! _ :1Fitid• �' K '
u t a u y `ca•president and attaated and ssaMd (lf a seal be i"byark see,
t=-fetafyoP stant.sectet or ..r '+' .'Jta12 '"L �- "1 ►. i.}a �iE'=ii+r iCtini
(Iij>whan
signed Dyyttte pres(dertt o►at1y vice president or set�aafatant satretan, and csiunterafgnid'r
W tested (it a seat twjegtriroM bya dWy authorized attemeyin•facti ri ag�;Qf
'tom s1c (Ilo wftett duly and s"W(If asaal be required), by one s
..
��=1 , that Nf pf autfiortt�l by the power of attorney issued by Me company to austt person or persons.
...R FUMER.thU s stgnsuue of ariy, authorized attizsr and'tjNt,>l o spotty may tit a
hrsknItsta poMrertst' -yorcertification thereof authorizing the bard;
�a1,;t%; 1SpYsg; :ast!(irs p obligations of the company; and such s
• as though manually affixed.
iN WITNESS WMEREOF. ANVIEST SURSTY INSURANCE COMPANY has caused these prey ntato be signed by Its proms of
flew. and its, corporatesaei to be hereunto affixed this ist, day of Amt
AMWEST SUREYY INSURANCE COMPANY
- �� •v tN` am R. PO W=% Preudant
ttann Ci. Coi'wr►, +aetetary'
STATE OR CALIFORNIA, COUNiY OF LOS ANGELES — as
Omnis t_�dal►of April A.M.lg 85 Faaorullygamebetwenue Garry FL Paterson
and Kates C. Cohen to me known to be the Individuals and officers: of A1i1WEST SURETY INSURANCE COM-
PANY. CALIFORNIA.who executed the above instrument. and they eachaged the elution of the same. and being by me
duty sworn, didsarafefly d"Ose andsay: that ttteyare thteaaidolfkwn of the t:orpoMdM aforesaid= and that the seat afRxedto the
r .. ab Madnstrumsn4 is the sextet the corporatiom and that said corporate seal and their Ognaturse as such officers were duly affixed
and sub crf9t d to the said instrument by the authority of the board. of directore of said earporatbn.,
ewras eW -
(SEAL)
awraes veeut�casMaear
reran rna 40"M re
f.OS ANls�t'iSiCOtfR
M1 Prswis Easiras fdt 2L int
STATEOF'CAUFORNiA.. COUNTY OF LOS ANGELES — es
CWIF'ICA'[E
1. the undersigned, ® secretary of the AMWEST SURETY INSURANCI :COMPANY.. a California corperatlen., 00
HEREBY CERTIFY that the foregoing; and attathsd Power of Attorney remains in full: force and has not been fmked, and further
MOM ; thatthe'pfor aft of the Bylaws of the txxrrpany and, the Resoiytidns of the board of dkWofs set. forth In the Power of
Attorney, am now in farce:
Signed and sealed at San Diego, CA this ®� h day of
tg 86
Kash{ Conw+. Savary
AUG 19 1986 1 _-1EA& 17
7 of 19
� ,`• Bow No
1094417
WARRANIT BOND Premium $200.00
r'
° SEWER & WATER IMPROVEMENTS FOR TPM 17006
MMM, The City Council of the City of Poway, State of California, hereinaft,�;
referred to as "City" and James L. Mc Af ee and Mary S. Mc Afee
dipal.
dSSlg---ted as "prinClpal", have entered. into an, agreement whereby grin
Co-
pal, agrees to instal cad- certain designated. public. inprovemoltS, which
said Cued . ®r and ivied a3
* IDARD FOR STRUCPION OF PUBLIC 1261PIRIOUTIEMEIMw
s
hereby referred to and made a part hereof; and
WHEREAS, said principal is. required under- the textus of said agreement to furnish
a band which will. guarantee and warrant, the work performed under saidAXWEagree..
we the, the principal , and
sT SURETY - INSURANcE corp
surety, are held and firmly bound unto City in the penal _sum of
Two thousand eight hundred seventy six and 00/100'
c7olla�cs 16,00 l , lawful. money of the United States, for the payment,
this bond, obl gat ,n0n0 bend Ourselves, o= he rsi successors, eXQCLitQtS. and
adItii.n3L5tra.torSr jointly and severally..
The condi of, this obligation is such that; if the -abovi bounded P PS-,
his or its. heirs, administrators, successors-, or assigns? shall in all,.,"
things agree to: and. •abide by, and well. and truly keep and perfoaa the oovenants�q
aonsiitons and provisions in the said agreement and. any alteration thereof made as:'
therein provided, on his or their part, two be kept and performed at the time and is
i
the manner therein :ip@Clfled, and in all respects according to their true intent and
meaning, and shall Indamify and save harmless the City of Poway,: its Off2 Mrs,
agents and employees, as therein. Stipulated, then this obligation shall. become nul.L
and void- otherise it shal L be and remain in fv11 force: and effect. _ ,
The surety hereby_stpulateri. and agrees to
gr guarantee the warranty of the work
performed under the terms of the agreement as hereinafter, provided for a of
one t 1 year-, followingthe letion and express Fins
o�p � acceptance. by Cary. against any
defective work or. labor done, or defective furnished in perfo of the.
ag=eent with the City, all as more, particularly set forth in. paragraph 9 of said
. agreement.
Surety, agrees that it will pay the amounts due City -and diligently perfom they
agreement upon principal's default after notice and within the time specified. in the
agreement.. If principal • fails to perform, within the times; specified in the:
agreement, surety will pramptly on demand deposit with City such amount as City may
reasonable estimate as the oast of completing all of principal's obligations.
Surety's obligation for payment herein shallextend notwithstanding
any controversy
between principal and City regarding principal's failure under the agreement,
t8j85� warranty Bond - 1 of 3
AUG 19 INS IT
ATTACHMENT B
8 of 19
Principal and surety agree that any payment by surety pursuant to this paragraph
should be conclusively presumed between the parties herein to' relieve, as demanded,
surety's obligation herein and shy be deemedproper payment as between principal
and surety.
Tis bond shall inure to thebenefit of any and all of the persons named in
Title 15 of the 'rata Civil Code, so as to give a right of action; to these, or
their assigns in any suit brought upon this bond.
Surety agrees thatno change, extension of tire, alteration, or addition to the
terms of the agreement,: or the work to be performed thereunder., or the plans and
specifications, or any••matters unknown to surety which might went sweaty's risk
shall. in any way affect its obligation on this bond, and it does hereby wive notice
thereof.
As a part of the obligation secured hereby and in addition to theface amount
specified therefor, there shall be included costs and reasonable expenses and fees,
obligation,
attorney's fees, incurred by City in successfully -enforcing such
gatio , al.l. to be taxed ascosts and included in any judgment rendered.
The surety hereby stipulates and agrees that no maintenance work perform. on
said improvements by City or its agents shall in any way affect its: obligations on
this bond, and itdies hereby waivenotaca of any such maintenance: work.
311 WITNESS `, this instrunent hasbeen Executed
above named, on� Q , r\'`i,p o at
•
(Attach acknowledgement of principal)
(8/85)
9 of 19
AUG 19 1986 ITEM 17
- +iP. AN1'S'. BOIL
Page 3
Any claims a this bondnay be addressed to: (check heck one )
Surety's agent for service of
process in California:
1MWESTSURETY INSURANCE COMPANY
P.O. BOX 4500
AMWEST SURETY INSURANCE COMPANY
Surety many
1400 6th Ave., #209,
Nene Street Number
San Diego, CA 92101
Street Number City and State
loodland Rills, Ca 91365
city and State
;1.9-233-5893
Telephone Number
619-233 5893
Telephone Number.
111)1.1/.1
s
me in
ct or
Q
STITE OF CALIFORNIA, COUNTY OF San Diego
5/30/86
n , before me a_ Notary Public, within and fora the said,:
County and State, personally appeared :sane Notary a known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instruments as the Attorney in Fact of and for the AMWESTSURETY
INSURANCE COMPANY, and: acknowledged to me that he subscribed the name of the REST`
SURETY INSURAN • " to as Surety, and rg; own name as Attorney in
'1
PUBIPC
Sureties must be authorizedto do business in andhave an agent for service of
process in California and be on the accredited list of the United States Treasury
Department in addition to requirements contained within the Agreement, and their
bonds will be limited to such aunts as would be. acceptable to the Treasury
Department.
(NOTICE: No substitution or revision to this bond form willbe accepted.)
(8/85)
10 of 19
Warranty Bond - 3 of 3
• . AUG 19 1986 ITEM 17
• 1Unrr►�a _
State of1sa._' _. On this 3®day
the of 8 6 b
--�� 190efore me,;
f
t San Diego
•� County of
James L. ' McAfee and Mary S. McAfee
'
the undersigned Notary Public, personally appeared
,
V
personally known to me
p iCtat. SEAL,®:
, proved to meon the basis of Satisfactory evidence
' LUCY HOWARD
to be the person(g)whose name(s), subscribed to the
'$
NOiAgt, pU13LIc--CAUFORNtA
m Plttac,Pa1 oFFtcs iH
within instrument, and acknowledged that �xecutediL
:. SAN' CIEGO, COMM `
,4 Q
WiTN�MS hand and offict seal.
.,
Ww V• _
t� Comm+ lib.ber
.
Notary's ignatur
�,.
PARTNERSHIP ACiCNOli1PLG14diENT
11: PEE
State of
op
On this the, .
.day of lS, before me,
County-of
the undersigned Notary Public, personalty appeared
13 personally known to me
Q proved°to me on the bads-of satisfactory evidence
to be the person(b) who executed the within instrument, on behalf of the.
.
partnership, and acknowledged to me that the partnership executed it.
WITNESS-my hand and official seal.
_
a
Notary's Signature
CORPORATE ACKNOWLEDGMENT
` State of
On this the ....day of �,
1w_._ before me,.
County at
..
.
the undersigned Notary Public, personally appeared; • ' •.'
Q personally known to me- .
93 proved tome on the basis of satisfactory evidence
�
to be the
person(;' who:exeeuted the within instrumentas.
cron,behaltaf thecorporation therein •
named, and acknowledged to; me that the corporation executed it
.
1NITNESS myhand.and official; seal.
Notary` Signature
`�,._,.. Pa.;o,.•dvl,�s�de:��orrrdie��ir�Il/bio/i��i�i�►a►d.�v�rfi'alt�oesTeIaewssy!/j/IY✓i1►/,ii
f
II of 19
AUG: 1.9 1986 t i E M 17
`.-
F %MWEST SURETY INSURANCE, CO.. `
P.O. Bou 4500 C .
Woodland Hills, CA 91365: 1`
818) 7444.1111.
' `K . '�' �'; � �� ?'rte t 'i3,•ks-"it
POWER OF ATt
KNOW ALL MEN BY THESE PRESENTS, That AMIWW SUR6n IHSU€t,A�Naaa COMRANY, A I.IFORNIA CORPOiRATtON
doas. hereby, make, constitute and appoint„ •,� s •�` j~
.-.yw�.}+i
its true and lawful Attomey(sHm-Fact, with full power:-and. authority for and on�blhalf oil ttta company ascaurety. to eacecute: and
depvlr, and affix the mal, of the company tlterlto If. seat is regal bond; tu1dartaking a otbeE.wfttttrZobitga-
tlons. in the nature thereof. as follows "" � `""sun � y �+ .
. y {"t,.►'� as � .t
and to bind AMWEsr, SURETY INSURA14CE;COMPANY' tM � ' . and.aI1.Q1 tris icts:ol tatd At�act. putwartttntt�oe+
pressrtt% we hlrWl!`ratified and iortt7hls.8ppohttmaris made ut+e�W, t $ if8y;
Laws of tlsecompany,whl ttoutIrt,ttl: fctere and a '+` .r?',
�Pt atm .� r ^.r;•, +r t"
Article 11t. Section T.otthR(;y t4 ot;AMWE B iRET jV.1tISURAt EGOtiA ;.��
This Power atAttomi gli lg'n dandsgladbylaesimitwundecar by theaWh�rfiyc#thrtc(fowin ,teactutk>ns 01[
the board of dites tot>L-9i AVW RL�Tr INfiEI c>i QQMPAN� a meatind duly
.i.'L4 tr• kyj" 3:-t taY`t--•3t(• � r,,-� A,►�t.. •..�a: _
44
RESGLVED.'thatthi�aldlP'ttcraty,Z�pi !asllt njuac6mwith the,
aacnit t4+°setXt sistnttal ntsh , . ,: ,
Incl or limitedan the nstrth atitds( tq i�si appoi ►�
may apG�olntutatt IF act o agMstakith autffodlY! if
on brihaitafiftecom�panyytoezecuM:anddeliver and .affixttse.ssa8'oi#f�ld�oinpa:+Ytobond�L« � � .;
ment U aactt.ciss; ttNptd •'; t,� • .
undartakMgs.ta� 14!#YahipcbtlQatlaa�gtaEkinris.andaaidaffiasA
tst•tactoragenbr revokaatty; ttxnejt w�
O# it u
ti fvZ - .x'tr .rt i..`.�.` 2 ,,�.t`•d �t.4+ `�¢xj'ia.+1'^�� 7�•.h.; +' ` Pu`5�,1�f ='���•
RESOLv D: FURl?iF,I; itt any bon4 'uediitakinQ. rtaggafzanet dt: iotyalta6l.
ina ( g� b enlorany
cimp
uiradt by any sec
,president andattested.and sealed(if &seal be reqr ,
aL.'r•-+"+*,may
retary or gastiatsntaeerlt . or'
`(flywMn.signed"try;{ha president ot;.any,vice•presidentorsacretary,•aeasa#afarttalCfffitarY,arl 'cQuatersigned r" `t
„3an4 IadQfa:sekkbe�taqufred)bya.duryauthorized.attomeydn-factvttQ,lnt: :..•.} ,
(ill? wW drily a ted Md sealed'(if a seal be required) by' ons or
n tff�lif4itCf aufhotty : _ by the power at attorney, iswed Gy tree company to:sucft person or plrsnns.
-" RE80t,V t=UfiTi#�A that• •signature of any authorized officer and trl.>Wl Qf ttrf cantpalry may 0a atti
byfusosieMtet9 yaio�o#alt�tneyofcertificationthereofauthaftng:tfieexe;uti0hi> 1!l{it l>pOfart baerd; �`
-
s/tyship obligations of the company, andeuch s
-' • ' �asahough manually atttxad.
IN WITNESS WHEREOF. AMWEST SURETY INSURANCE. COMPANY hasE caused thous preaenis to be COMIC[ by its properof
floor, and eta corporate seal tali be her untaaffixed this t day of April. 12®:
AMWWr SUREW INSURANCES COMPANY
• `+ •f. �. �,L' Gem, FL aeteraon, irreederrc
. 16aren Q Cd+ln. S/cntteY
STATE OFCALIFORNIA. COUNTY OF LOS ANGELES —,%a
anthis�.dayof April- A.Q..14t 8rso
penaitycamab/torems Y FL Petafson
.
KaMn_M Cohen, to me known, to be the, ndividuals and. Officers of AMWEST SURt:7Y INSURANCE: Cow
x PANY, CALIFORNIA who executed the above instrument. and.they each acknowledged UM execution of the same=, and bung; ttyr tree _
duty sworn did severalty depose andsay: that they are the said officers of the carporatimt atoranK ard;thatthe seal affixed; to ths:
above instrument., s the seal of ttw:corporation, and that said corporate. seal and their signstums sa: such ;i ticers,wlre duly affixed:
ar sub mwo3ed to the said: fnatfuttttnt by' the: authority of the hoard of; directors of sem corporation.
Mccraall"n (SEAL)
erlraes sueus—ertanetea: '
i nrntinrrrt, eNrda ta; Now Public
K LOS ARGELES.COLM
flytMsaisSwitFettll:1SM .
STATE OF CALIFORNIA. COUNTY OF LOS' ANGELES ss
• CERTIFICATE
I. the unders[WH . ® searatary, of the AMWEST SURETY INSURANCE COMPANY, a California corporetlan, 00
HEREBY CERTIFY that the forego and: attached: Power of Attorney remains in fugr sacs and, has not: been revoked. and: further-
mathat the provislons. of the By-Laws of: the company and the Raaaluttona of; the board of direcim3 set forth in the Power of
rt:.
Attorney.. are now In fore!.
86.
San Diego,; CA. this_ 30 _,day of
May,
rtd tE
Signed astaledat
Kenn G QhW Se MWV
.7 -
AUG 19' 1986 ITE
12 of 19 -
6
A -
ys OWNER Janes zt Mc Afr M S. Mc Afee
;greL.ent -Date
CERTIETCZTE *OP CCMPLEXION CSP =WARD AGMEMENT
EOR CONSTRUCZION CV PUBLIC IMPROVEMENTS
TOTERSEDER & ?MPROVEMENTS FOR. TPM 17006
To induce the CITY OF IOW ( "C ' )- to accept all the work under the dated
Standard. Agreements for Construction of Public ImproVenents between CITY and DINER
for the above referenced property, OW= as to all., the work, and CONTRA= as to the -
phase of the work referenced below, each represent andcertify to CITY as follows:
I. All the woark described in said Agreeuent has been fully and completely performed
in strict conformity with the t; and
2. Wit- for final payments dui R or subs n s which are contingent
upon CITY'S acceptance, all transportation,: equipamt, labor, service, permits
utilities, and all other iters used in completing the work, have been fully paid: for.
CD R Brunda _ e Ex:cavat in _ Sewer .& Water
(Name (Phase of Work)
5-29-8E = e.►.:�-�.: =' _ Owner.
(Date) (Authorszed Repr
CONTRACTOR:
(Date)
five? (Title)
(Phase of Work)
(Authorized Representative) (Title)
(Name) (Phase. of Work) ..
(Date)
CONTRAC :
(Authorized Representative) (Title).
(Name) (Prase of Work)
(Date)
(8/85)
13 of 19
(Authorized Representative) (Title)
(Date)
Certificate of Completion. - 1 of 1
AUG 19 1886 ITEM 17
ATTACHMENT B
OWNER James LR and Mary S. Mc Afee
Agreement, Date
CERTIFICATE OF COMPLETION OF STANDARD AGREEMENT
FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
GARDEN ROAD STREET IMPROVEMENTS FOR
TENTATIVE PARCEL MAP 82-01
To induce the CITY OF. POWAY ("'CITY") to accept . ali the work under the
above dated Standard Agreement for Construction. of Public Improvements;
between. CITY and. OWNER for the above referenced. property, OWNER as to al
the work, and CONTRACTOR: as to the phase of the work referenced below, each
represent and certify to CITY as, follows:
:
1. All the work described in said. Agreement has been fully and completely
performed in strict. conformity with the Agreement; and
Z. Except for final, payments due CONTRACTOR. or subcontractors: which are
contingent. upon CI,TY'S acceptance, ali transportation, equipment, labor,.
service;, permits, utilities, and all other items used in conpleting the
work, have been fully paid for..
CONTRACTOR:.
5:-28-86.:
K.J.Hogue Ent.. Inc Paring
(Date-)
CONTRACTOR:
(Phase of Work)
President
Muthofized Repr sentative) (Title)
(Name) (Phase of Work)
(Date): (Authorized Representative) (Title)
CONTRACTOR:
(Name) (Phase of Work)
. (Date.) (Authorized Representative) (Title)
CONTRACTOR:
(Date)
OWNER: By
(6-82)
(2/83)
14• of 19
(Name) (Phase of Work)
(Authorized. Representative) (Title)
(Authorized Representative)
•
(Title)
Certificate of Completion -- 1 of 1
AUG 1 9 i : '' ITEM 17
'SOS Poway Road Poway. Califomia 92064 (629) 748- ,
_t fR EC
ff
fled 4c
Poway Office
LETTER OF CREDIT'
E Cite of Poway
P.O. Box
755 _
13325 Civic Center Drive
I
Powayo, California _92064
Attention: Director of Public Services
Reference.. Irrevocable. Letter- of Credit No. 09460
Gentlemen: -
This Letter of Credit is given to fulfill the requreanents of that
certain agreement entered into between the Cit of Powa
Y Y, a poi i—
tical subdivision of. the State of California, hereinafter referred:
e to as "City* s, and Fames L. and Mary S. McAfee hereinafter referred
0 to- as. "Principal" covering certain improvements to be installed i.n
that certain , subdivision known: and designated as TPS 17096; by
Principal.and in -accordance, with said agreement..
As required: by said agreemen.t.p and for that purpose- only,. we hereby
establish in favor of City and for the account, of Principal our.
Irrevocable- . Letter of Credit. No. in the amount of Fort
...
Three: Thousand One Hundred Forty and: no/100 u.. S. Dollars
(443r140.001 ,- to be paid- by drafts, at sight on. us if accompanied by the following documents:
City) s. written. statement ('signed by the Director. of
Public Services, City Manager# or City . Attorney)
certifying that there has been failure of the Principal
to perform the above agreement:.. Said statement shall
declare the: amount of the sight draft on us and that the
amount of this draft is., therefore, now due and payable.
IT %S AGREED that the: above: funds are guaranteed for payment and
said funds shall become trust funds for the purposes set forth.
herein as requi.red- by- Sectioc 66499.6 of the Government Code of the
State of California,
... r._ AUG 19 ,1986 ITEM 17
15 of 19 ATTACHMENT C
it is a condition of this Letter of Credit that from time to time
the amount thereof may be reduced as the required work progresses
and is performed in accordance with the Improvement: Standards of
the City of Poway, as authorized by Section 66499..7 of the Govern-
ment Code. All drafts under this letter of credit shall be marked:'
La .Jolla Bank &
P. 0. Box 705
Poway, CA 92064
IRREVOCABLE. LETTER OF CREDIT NO.
We expressly agree withyou that all drafts drawn under and in
compliance with the terms of this Letter of Credit shall meet with
due honor upon presentation. Further, that all drafts shall be
delivered to City in accordance with Cal. Comm. Code SS 5112.'
This Letter of Credit shall be deemed automatically extended with—
out amendment one (1) year from the present and annually thereafter`
unless sixty (60) daysprior to any such date Bank shall, notify
City Clerk, by registered letter, that Bank elects not to renew for
suchadditional one year. In any event, this guarantee Letter of
Credit shall expire forty-five (45) days: after City's approval of
the foregoing' improvements and the recordation of the Notice of
Acceptance.
'-/A;igr/
B s A THORI ZING: AGENT OR. REPRESENTATIVE
Carrs. 'F Moon.
Manager, Poway Branch
APPRO • S TO FORM:
16 of 19
AUG i 9 1985' ITEM- 17--
State of
sf? On this the day of .�- - 19 before me,
* County of ;
;o * the undersigned Notary Public, personally appeared
rt
Q personally known to me
O r" -
proved to me on the: basis of satisfactory- evil
to be the person ( s) whose name(s) subscribed
to the within instrument, and acknowledged that
* execrated ito
* - S any hand and official. seal.
Notary s Signature
# State of
SS0 on this- the day of 19, before mei
County of )
r
the undersigned Notary Public, personall a
* Y Ppeared
$ personally known to me
roved: to me on the basin of satisfactory �P tory, evidersce
to be the peeson(ss) who executed -the within rastrument
ort behalf of the partnershipp and acknowledged. to me. that
the partnership: p executed i
t. _*
Wi'NF.SS my hand and official. seal. -
f * Notarys Signature:
0ACRMWEECMMM,_
State of California®March
On_ this the may of 19
i before me
SS. r
* County of San. Diego Barbara. Jacobs
the undersigned. notary Public, personally appeared
Carl F Moon
r
personally known to; nee; �
BARBARA JAC®BS proved to me on the basis, of satisfadtory, evidence=s> rotARv resw. ctaRNu the person(s) who executed the wZthin instt as
PRINOPat of W
*
Sm c:_ca caumv or on behalf of the corporation.
therein named, and acknowledged to me -
lay Coirm��an; �a Otn�: tQ. t913 ththat the. corporation
executed it.
W=,%WS my hand and official seal.
,. rota signature
t
• c10A I
17 of 19 AUG19,1986 IT EW 17.
.y .
.. - '05 Poway Rood Poway: WfomiQ 9206417141748-
.}J ;r!
X11 � ffl�l, i
Poway -Office° ,
LETTER OF CREDIT
Cite of: Poway
P. 0. Sox 765
Poway, California 92064
Attention: Director of Public Services .=
Reference:: Irrevocable Letter of` Credit No. 09--43:0
(Performance $17#,200 - Payment $88,600.)
Gentlemen:
I
This Letter of Credit is given to fulfill, the requirements, of that.
certain agreement entered into between the City of Powayo, a poli-
tical_ subdivision of the State of Californ ar •hereinafter re.f`erred
to as "City"'r. and James Lw and Mary S. Mc Afee, hereinafter
referred to as *Principal"'. covering certain. improvements to -be
- installedr warranteed amd secured in that . certain. subdivision. known
and designated as. Garden; Road Street Improvements for Tentative r
Parcel Map. 82-01 by Principal in accordance with said agreement.
As required by said 'agreement,, and fort that. purpose only, 'we hereby
establish in. favor of City and for the account. of Principal. our
Srrevocable Letter of Credit. No., 00: 430 in the amount of . Twenty
five- Thousand Eight Hundred and Sao/1,00 U.= S.- Dollars C$25r800:.001 r
to be paid by drafts at sight on us if accompanied by the: +following.,
doc.umentsm. -
City' writ=ten statement t s igned by the. Director of
Public Services, City Manager, or City Attorney) certi-
fyingthat there
-has been failure: of' the' Principal to
perform, the above agreement. Said, statement shall _
declare the amount of the sight draft on us and that the
amount of this draft is, therefore, now due. and payable.
IT' YS AGREED that the: above funds are guaranteed for payment and
said -funds shall become trust funds for the purposes set., forth
herein as requited_ by Section 66499.6 of the Government Code of. the.
State of California.
f
f AUG I' E 1.7,.
f
Of, '19 ATTACHMENT' D
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19 of 19